Terms and Conditions

Terms & Conditions

Last Modified: [03/05/2019]

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Upsolut Sports America Inc., a Delaware corporation (“Company“, “we“, or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use“), govern your access to and use of www.hyrox.com/en, including any content, functionality, and services offered on or through www.hyrox.com/en (the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Disclaimer & Privacy Policy, found at [hyrox.com/en], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Disclaimer & Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Disclaimer & Privacy Policy and you consent to all actions we take with respect to your information consistent with our Disclaimer & Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features [hyrox.com/eh , @hyroxworld] with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@hyrox.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term HYROX, the company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Disclaimer & Privacy Policy
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Disclaimer & Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Disclaimer & Privacy Policy, and CCPA Privacy Notice constitute the sole and entire agreement between you and Upsolut Sports America Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Upsolut Sports America Inc., 64 Allen Street, 2^nd Floor, New York, New York 10002.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@hyrox.com

GENERAL TERMS AND CONDITIONS – DACH EVENTS & REGISTRATIONS

HYROX 2019/2020

1 GENERAL INFORMATION

(1)

The “Upsolut Sports GmbH” with a registered office in “Große Elbstraße 275, 22767 Hamburg, Germany” (“upsolut“ or “we“) is the event organizer of HYROX – the Fitness Competition for EVERY BODY and the World Championships. The competition consists of an international event series, with event venues in Germany, Austria and the USA, and culminating in the HYROX World Championships as the highlight at the end of each season. Participants have the choice to start individually in the HYROX Men’s Pro/HYROX Women’s Pro Division,or as a pair in “HYROX Doubles” Division.

(2)

Participants can only register on the website: https://hyrox.com/events/ (“registration page”). The registration platform is managed by our service provider “mika:timing GmbH, Strudepark – Kürtener Str. 11b, 51465 Bergisch Gladbach”. In addition to participant registration, MIKA is also the official timing partner of all our events (“registration partner” or “timing partner”). Furthermore, there are several external third parties (so-called vicarious agents) involved in the execution of the events. If they are relevant for the participant from a legal point of view, itis defined by the general terms and conditions (“GTAC”).

2 SCOPE

(1)

These GTAC cover the legal relationship between upsolut and you as a participant (“participant” or “you”) of the sport event HYROX 2019/2020 (“event”).

(2)

They are, in their then-current form, part of the contract between the organizer and the participant. We reserve the right to change or replace the GTAC at any time. Changes that are announced by the organizer on the internet or in writing, become contractually binding.

3 PARTICIPATION REQUIREMENTS, EXCLUSION AND DISQUALIFICATION

(1)

You are authorized to start if (i) you were born in 2002 or before, (ii) if you are healthy and in good physical shape, (iii) if you have completed registration, and (iv) when you are accredited according to number 7 or possess an official starting number containing your valid information .

It is mandatory for each participant to evaluate his or her health state before competing in HYROX. To register for HYROX you need to provide true, up to date and complete information on the registration form. You also need to accept the GTAC, the house rules of the event venue and the payment of the entry fee plus additional charges; a club membership is not required.

(2)

If you are under 18 at the time of registration, a signed consent form is required from a parent or legal guardian, within 2 weeks of registration, and no more than 2 days before the event, via email to our registration partner [eventservice@mikatiming.de].

(3)

The organizer reserves the right to disqualify or exclude a participant if he/she provided false information on the registration. Beyond this, the organizer is entitled, at any time, to disqualify or exclude a participant if he/she does not follow the rules contained in the rulebook,onsite instruction and athletes guide for the competition. In the case of offenses that can disrupt the proper process of the event or endanger the safety of other participants, the organizer is authorized to disqualify the participant in question from the active event as well as future HYROX events. Legally binding declarations can only be made to the participants by authorized event personnel or by the assistance of medical care services in a medical emergency.

4 REGISTRATION AND CONCLUSION OF CONTRACT

(1)

The presentation of participation options on our website is not a binding offer on our part. You can find the main characteristics of all participation options in the description of the corresponding division. All offers are subject to change and are non-binding.

(2)

You can choose your preferred participation option by clicking the corresponding buttons. Once you have made a selection, your registration process will continue accordingly. You are required to submit accurate and valid information. Please be aware that consent is required (as previously detailed) from a parent or legal guardian if you are under the age of 18. Required information is indicated.

(3)

Registration is not complete until clicking the “Register now” button. Your order is then processed and confirmed.

(4)

After your purchase, you will receive a confirmation on the registration platform and via email. The registration platform lists your registration, the general terms and conditions and the house rules of the event venue. This confirmation is generated automatically and does not represent a binding acceptance. Please check your personal information for accuracy, you are responsible for informing us of any discrepancies .

(5)

The participation contract is effective upon the applicant’s receipt of the official participation confirmation via email. If the participant requires parental/guardian consent, the contract is provisionally invalid until it is received.

(6)

Only one registration will be eligible per person. There will be no refunds for duplicate registrations.

5 PRICES, SERVICE FEE AND TERMS OF PAYMENT

(1)

All prices on our registration platform include tax.

(2)
Service fees are not included in the listed price and will be charged at the time of payment processing.

(3)

The entry fee and service fee are due for payment with the conclusion of the contract. Debit and credit cards are acceptable forms of payment for german citizen, which is processed by our registration partner. For US citizens payment can only be made through paypal.

(4)

In case of inability to process payment due to insufficient funds or a transfer cancellation by the participant (even at a later date), the organizer is authorized to withdraw from the contract and charge cancellation fees. The participant is held responsible for costs related to direct debit retransfer, a €10.00 service charge, and the credit banking institute’s corresponding charges.

6 CONTRACT MODIFICATION – CHANGES AND RE-REGISTRATION

(1)

Each participant is permitted to modify registration until 3 weeks before the event, including the event venue, the type of competition, or the division.

The extra handling fees associated with modifications:

Single Registration:

Change of participant: EUR 20,00

Change of event venue: EUR 10,00

Change of division: EUR 10,00

Change of division and participant: EUR 20,00

Change from Single to Double: EUR 10,00 plus the difference in amount between the Single and Double entry fee.

Double Registration:

Change of participant: EUR 20,00

Change of event venue: EUR 10,00

Change from Double to Single (if one participant cancels without a replacement): There is no fee, but the difference between the Double and Single entry fee will not be reimbursed. If necessary participant data needs to be added.

Change from Double to Single (if both participants want to compete individually): For the team leader, there is no fee, but the difference between the Double and Single entry fee will not be reimbursed. The second starter’s data cannot be transferred and will need to re-register.

(2)

You cannot change the division due to your qualification. A transfer is not available as an option either, the qualification slot is personalized and connected to your qualification event.

7 ACCREDITATION

(1)

A participant will only receive his/her starter pack if he/she is able to present the official participation confirmation either printed out or on a smartphone, with valid photo identification (ID/passport) and the confirmation email. In case the participant is unable to attend the accreditation in person, he/she has to arrange for and authorize another person to pick up the ace pack for him/her. Packs will not be retained for later distribution. The authorized person is required to show the official participation confirmation, a written power of attorney, a copy of the participant’s ,and his/her own ID.

(2)

In case that the competitor has lost his/her official participation confirmation or is simply unable to present it when needed, he/she is able to obtain a replacement copy upon presentation of valid photo identification (ID/passport).

(3)

Each participant is obliged to check the race pack for completeness as well as correctness of the items immediately. Reclamations and claims at a later point shall not be considered.

8 ALTERED OR CANCELED EVENT

(1)

Should the organizer be forced or obligated to modify or cancel the event due to reasons including but not limited to acts of God, government orders, or security reasons, the participant will not be entitled to any compensation of losses from the organizer.

(2)

If the participant does not attend the event (including illness), any claims against the organizer are null and void.

9 EXCLUSION OF LIABILITY, LIMIT OF LIABILITY

(1)

Participation is at the participant’s own risk. The organizer is not held liable in any way for health risks of any participants’ engaging in a HYROX event. It is the participant’s duty to have his/her level of health and fitness evaluated by a medical professional prior to the event. By registering, the participant bindingly declares that there are no health-related concerns with respect to his/her participation in the event.

(2)

The organizer’s liability, including that of a third party, is limited to intent and gross negligence. The same applies to companies and helpers employed by the organizer. Any liability of the organizer for damages other than injury to life, body or health is excluded, unless they result from a gross negligence of duty by the organizer, or one of its legal representatives.

(3)

The above cases of exclusion and limitation of liability do not apply to damage in the form of loss of life, loss of limbs or loss of health. In this case the legal provisions shall apply.

(4)

The organizer is in no way liable in case of lost personal goods or valuables. For the safekeeping of clothing bags the organizer is liable only in cases of intent and gross negligence.

(5)

As far as the liability of the organizer is excluded or restricted, this will also become valid for the personal liability of his employees, clerks, staff members, representatives and workers

10 DATA COLLECTION AND PROCESSING

(1)

The personal data provided by the participant during registration is stored and processed to execute the event, including medical assistance to the participants on the course and in the finish area.

Our registration and timing partner mika:timing GmbH, an external third party, requires the personal data of the participants and stores them for contractual purposes.

Storing data applies particularly to the data necessary for payment processing and the execution of the competition. All event-related communication is solely effected via email. By registering, you agree to the collection, storage and handling of your personal data for this purpose.

(2)

Your personal data is used and transmitted solely for purposes related to the event; upsolut will not knowingly collect personal data from participants by persons under the age of 16 years, and will only keep the data for the time necessary to fulfil the purpose of collection or further processing. This may exceed the time period of the event, for example for legal and tax related inquiries.

(3)

The participant declares his/her compliance with the collection of data mentioned in the registration by our timing partner for event timing, ranking and result related purposes.

(4)

The participant agrees that personal data, his/her name, his/her start number and his/her ranking may be published in event related print media and electronic media of the organizer and timing partner.

(5)

If you register for our newsletter during the registration process, you will be informed regularly about new products, specials and price-reductions. You can also unsubscribe the “Newsletter” at any time, and no further costs accrue other than the registration fee, if applicable. There is an unsubscribe function to cancel the newsletter at any time.

(6)

You have the right to receive information free of charge about stored data, as well as correction, blocking or deletion of this data. Please contact us at hyroxworld@hyrox.com with any further questions you may have on the collection, processing, or use of your personal data, as well as to request further information, deletion and corrections regarding your personal data, including requests to retract given consent.

11 PHOTO AND FILM RECORDINGS/ IMAGE RIGHTS

(1)

Please note that we will illustratively report about the event in general, and the competition, particularly including the official pre and post phases of the competition including but not limited to the Athlete’s Area, Technical Briefing, Start, Warm Up Zone, Roxzone, Entertainment Area, Siegerehrung, etc., by taking and storing photos, audio and video footage for reporting and marketing purposes. We will consider your personal right on your own image. Event related individual images of athletes, for example during the victory ceremony, are in this context considered as a classic event image which can be used according to the following regulations.

(2)

Upsolut is authorized, to take photos and to produce/create names, images and participant voices of the event (in summary, “media content“) and to use this content indefinitely within time and space for information, documentation and communication purposes, including but not limited to print, TV, radio, internet, events), as well as to permit such use for HYROX partners and sponsors.

(3)

The organizer has the right to store, use, broadcast, show and reproduce all media content and/or publish this content indefinitely within time and space in radio, tv, cinema during the event, on data media or on the internet. This also includes the right to modify, edit, disrupt or delete the media content and to use it freely. Beyond this, the organizer is entitled to assign such rights to third parties.

(4)

The participant does not have a right to approve the produced media content, to be mentioned as a participant or to get a financial advantage by being mentioned or shown/ replayed on picture and sound material.

12 COMPETITION RULES

For the competition, the authority of the HYROX Rule Book (available at www.hyrox.com) is valid. Upon registration, the participant accepts the general terms and conditions.

ORGANIZER:

upsolut Sports GmbH

Große Elbstraße 275

22767 Hamburg

MANAGING PARTNERS:

Christian Toetzke

Moritz Fürste

HRB 144750

UST. ID DE311191102

Hamburg, 23. Januar 2019

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