General Terms & Conditions of
Jared Kearby (Sunset Rec Sports)
Schäufeleinstr. 34 – Munich – 80687
___ hereinafter the above entity will be referred to as the “Organizer” ____
Participation, Waiver, and Release of Liability Form
The following general terms and conditions (hereinafter referred to as the “GTC”) apply to all events organized by the organizer.
The participant agrees with the participation in the event with these terms and conditions. Deviating terms and conditions of the customer are not valid, unless the organizer is aware of them in writing.
Acknowledgement and Assumption of Risk
The participant is aware of the dangers and the risks to my person and property involved while participating in any Sunset Rec Events (including, but not limited to, Training, Coaching, Tournaments and Leagues).
The participant understands that this activity involves certain risks for physical injury. The participant understand that equipment, if any, which may be provided for my protection may be inadequate to prevent serious injury. The participant also understands that there are potential risks of which the participant may not presently be aware.
Nevertheless, the participant voluntarily elects to participate in this activity/class with knowledge of the danger involved, and the participant hereby agree to accept and assume any and all risks of property damage, personal injury, or death.
The organizer does not insure participants in the above-described activity and participants who want to be covered must obtain their own insurance. The organizer asserts lack of responsibility or liability for injury resulting from this activity.
In consideration for being allowed to voluntarily participate in the above-referenced activity, on behalf of the participant, their representatives, heirs, next of kin, successors and assigns, the participant forever:
- waive, release, and discharge the Organizer, its agencies, officers, and employees from any and all negligence and liability for my death, disability, personal injury, property damages, property theft or claims of any nature which may hereafter accrue to me, and my estate as a direct or indirect result of my participation in the above referenced activity or event; and
- defend, indemnify, and hold harmless the organizers, its agencies, officers and employees, from any and all claims of any nature, including all costs, expenses, and attorney’s fees, which may in any manner result from or arise out of this agreement, except for claims resulting from or arising out of the organizer’s sole negligence.
The participant hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident or illness during this activity or event. This release, indemnification, and waiver shall be construed broadly to provide a release, indemnification, and waiver to the maximum extent permissible under applicable law.
The participant affirms that they are at least 18 years of age.The participant has read this form and fully understand that the participant is giving up legal rights and/or remedies which may otherwise be available to me regarding any losses the participant may sustain as a result of their participation. The participant agrees that if any portion is held invalid, the remainder will continue in full legal force and effect.
Liability of the organizer
The organizer cannot be held responsible for damages if the event has to be canceled or changed due to force majeure, by an order of public authorities or for security reasons.
The organizer is only liable for all damages, except as a result of death or personal injury, if these damages have been caused by intentional or grossly negligent behavior or if the organizer has at least negligently violated a substantial contractual obligation.
In case of intent, however, the organizer is not liable for atypical and unpredictable consequential damages. This limitation of liability applies to the organizer, its managing directors, employees, representatives, contract partners and third parties involved in the organization, administration and implementation of the event.
Photos, data and personality rights
The participant agrees that the personal data indicated in his application as well as the photos, pictures, films and interviews recorded in connection with his / her participation at the event may be used in media, advertising, social media, internet, or other marketing material and is not entitled to remuneration; and that his name can be published in the participant list and the result list on www.sunsetrecsports.com and used in media and advertising.
Warranty and delays
The participant acknowledges that the organizer may, at its sole discretion, delay, modify or cancel the event if the circumstances or natural or man-made emergency situations make the performance of the event unreasonable or unreliable. An “emergency situation” is any event which is not the responsibility of PBD, a. Strong winds, extreme precipitation or hail, hurricanes, hurricanes, earthquakes, floods, terrorist acts, fire, prosecuted or actual strikes, staff shortages or work stoppages, uprisings, war, disasters and unavoidable accidents. In the event of a delay or alteration or cancellation of the event, the organizer can not be held responsible for the resulting damages.
All fees and related expenses (including optional purchases, promotions and donations) paid during the registration for this PBD event are only refundable as long as the entire event is canceled by the organizer or relocated to another day.
Cancellation more than 48hrs before event start time: 100% Refund
Cancellation between 48 and 24hrs before event start time: 50% Refund
Cancellation less than 24hrs before event start time: No Refund
Should a provision of these General Terms and Conditions be or become ineffective or should these terms contain a gap, the legal validity of the General Terms and Conditions shall not be affected. The parties are obliged to replace an ineffective provision with an effective one or to agree to the inclusion of a gap-filling provision which comes closest to the economic purpose and purpose of the ineffective or missing provision.
Changes, additions or cancellations shall be in writing in order to be effective. This also applies to the abolition or amendment of the above-mentioned requirement for the written form.