Run in the Sun- KLM Curacao Marathon
Article 1 Definitions
1. In these general conditions the following terms are understood:
a Event: a running competition, which forms part of the Run in the Sun- KLM Curacao Marathon- event, which is organized in any given year by the Organizers.
b Participant: the actual person, not acting as an entrepreneur, who has entered to take part in the Event, in a manner permitted by the Organizer.
c Agreement: the agreement relating to participant’s participation in the Event.
d Organizer: Foundation Run in the Sun
2. These general conditions are applicable to every Agreement.
Article 2 Participation
1. Participation in the Event is only possible for an individual who has reached at least the minimum age set by the Organizer.
2. The participant may only take part in the Event provided he has filled in the entry form pertaining to the Event completely and truthfully, provided the entry fee is paid in full and provided the participant agrees with the general conditions.
3. The Participant will personally take part in the Event. It is therefore not possible to allow another person to take the place of the Participant in the Event.
4. Transfer of an Agreement for the ‘marathon’ element to a third party is not possible. The transfer of an Agreement to another element (distance) than the ‘marathon’ is not possible.
5. If, for the element ‘marathon’ only, the Participant is unable to take part in the Event, the entry fee paid including other payments will only be refunded, after a deduction of $ 5,00 administration fee, if the Organizer has been advised at least two months before the Event. After this period no refund will take place of entry fee and other payments. No refund of entry fee or other payments will be made in case the Participant is unable to take part in any other element other than the ‘marathon’. Changing from the element for which one has registered to another will also result in the entry fee and other payments not being refunded.
6. The Organizer can decide to cancel the Event on grounds of exceptional circumstances (including national mourning in Curacao or the Netherlands. Under no circumstances will other expenses, costs and so forth be refunded or reimbursed.
7. The Organizer can, under exceptional circumstances, decide to end prematurely, postpone or neutralize the Event. The Organizer can also, under exceptional circumstances, decide to change the route or the distance. In such cases no refund will be made. The final two complete sentences from paragraph 6 are also applicable here.
8. A decision by the Organizer to prevent the Event from taking place does not give rise to reimbursement for costs incurred by the Participant.
Article 3 Liability
1. Participation is at own risk. The Organizer is not liable for any damage whatsoever, which the Participant may suffer as a result of Participation, unless this damage is a direct result of the Organizer’s willful or gross neglect. This exclusion of liability also applies to damages of a severe nature, such as all possible losses as a result of injury or death.
2. If, notwithstanding what is stated in the first paragraph of this article, the Organizer’s liability for damage caused to the Participant must be assumed, the obligation of the Organizer to compensate for such damages is limited to the maximum amount that the insurer of the Organizer will pay in respect of those damages.
3. The Participant must be adequately insured against the risk of loss, which he or a next of kin may suffer as a result of his death, injury or illness caused by his participation in the Event.
4. The Participant declares he is aware of the fact that participation requires both mental and physical fitness and declares that he meets this requirement and that he is sufficiently prepared, by training and in other ways, for the Event. The Organizer advises the Participant, explicitly and expressly, to undergo a (sports) medical examination in connection with his participation in the Event.
5. The Participant shall indemnify the Organizer for damages, which third parties may suffer as a result of the Participant’s actions or negligence relating to the Event. The Participant shall be adequately insured against the risk of liability for such loss.
6. Sponsors of the Event and the municipality (ies) in which the Event takes place are on the same footing as the Promoter, excluded from liability.
Article 4 Privacy
The Participant gives advance permission to the Organizer for making public, during or around the time of the Event, photographs, images and such material, wherein the Participant is recognizable.
Article 5 Personal data The Organizer will store all personal data given by the Participating Company or a Participant in a database. By entering into the Agreement the Participant grants authority to the Organizer to use the personal data to send information to the Participant and for providing data to third parties for the purpose of sending information to the Participant. The Participant may at any time without charge, in writing or by e-mail indicate their objection to receiving information from the Organizer or to the transfer of personal data to third parties. The Organizer will then cease to send information and/or cease to transfer personal data to third parties. The Participant grants, by entering into the Agreement, authority to the Organizer to publish his name and race results, e.g. through publication in newspapers and on the Internet.
Article 6 Disputes
Disputes between the Organizer and the Participant will exclude the civil courts and will be settled by arbitration in accordance with the Arbitration Rules of the Athletic Union or, failing that, the rules of the Dutch Arbitration Institute. A dispute is deemed to exist if one of the two parties states that this is the case.
Article 7 Competition rules
The competition rules of the Run in the Sun-KLM Curacao Marathon which form part of these general conditions, are applicable to participation by the Participant in the Event.
A. Application the contest regulations of the International Amateur Athletic Federation (IAAF) shall apply except if at variance with the contest regulations of the CAD and these general conditions.
B. Assignment of categories the organizer assigns a category to the Entrant on the basis of sex and age on the day of the Event. Before the Event the Entrant shall verify whether the category assigned to him by the Organizer is correct. The Organizer is not liable for the consequences of an incorrect category assigned.
Each Entrant who will reach the finish in time, will receive time registration, online results, a token medal and a event T-shirt (The Pasta Party and Running Shirt are extra options)
D. Determination of the result the organizer shall determine the result and is entitled to change the result after irregularities have been found.
E. Manner of movement
All Entrants shall run following a course set by the Organizer in a manner appropriate for this type of athletics.
F. Starting position
The Organizer will allocate a starting section to an Entrant.
G. Starting numbers
The Entrant will receive from the Organizer two pieces of textile showing the starting number allocated to him. The Entrant shall fix the starting number on his chest or at his back with the aid of safety pins distributed by the Organizer. The pieces of textile shall be fixed and worn in such a way that the starting number, bar code and other information thereon will be properly visible. They may not be cut or folded. The Entrant may not wear starting numbers other than those provided by the Organizer.
The Entrant is advised to mention any medical information on the inside of the starting number on his back. The Organizer will collect the starting numbers of Entrants who have been disqualified or have withdrawn or stopped participating.
H. Time records
The Organizer ascertains the finishing time and the intervals of the Entrant. Such ascertainment shall be binding. The times will be recorded through the MYLAPS BibTag. The Organizer can only record the Entrants times if he/she will wear a MYLAPS BibTag in the proper manner. The Entrant recieves a MYLAPS BibTag from the Organizer.
I. Deadline / last runner
In order to make the course available to traffic the Entrant should have passed certain points of the course at certain points of time. Any Entrant who will not have reached or passed a certain point at a certain point of time, will be withdrawn from the Event by the Organizer. The decision of the arbiter so appointed by the Organizer as to whether an Entrant has passed a certain point in time, shall be binding. Any Entrants who will pass the finish and have thereby exceeded the duration set by the Organizer, will not be counted in determining the results of the contest.
J. Disqualification / withdrawal from the contest
The Organizer is entitled to disqualify and / or withdraw an Entrant from the contest if he does not adhere to these contest regulations or if such is deemed necessary for medical reasons or in connection with the orderly progress of the Event.
K. Instructions by contest management
Entrants shall follow the instructions given by the Organizer or persons apparently belonging to the organization of the Organizer, considering their dress or other external features.
L. Other provisions:
The Entrant may not accept any aid (drinks, food, sponge, etc.) from anybody other than a post so equipped and manned by the Organizer.
The Road Traffic Act and the legislation based thereon, such as, traffic rules and traffic signs, shall apply to the entire course during the Event.
The Entrant is not allowed to let himself be guided on the course, irrespective of the purpose and any person.
Bringing such objects as (domestic) animals, perambulators, banners etc. is not allowed.
It is not possible to leave clothes in the start area. For that reason the Entrants are advised to arrive in the start area while dressed to run. The Organizer does not accept any liability for lost clothing or other properties of Entrants. This also applies to any matters left behind in the dressing accommodation made available by the Organizer.The Entrant should note that this accommodation will not be guarded by the Organizer.
The Entrant is expected not to damage other persons properties and not to leave any litter behind.