General Terms & Conditions

General Terms & Conditions Enschede Marathon

Enschede Marathon – individual participation

Article 1 Definitions

1. The following definitions apply to these general terms & conditions:
   1. Organiser: Stichting Enschede Marathon (KvK 41027747).
   2. Event: a running competition, which forms part of the Enschede Marathon event, which is organised in any given year by the Organisers.
   3. Participant: the natural person, not acting as an entrepreneur, who has registered to participate in the Event, in a manner permitted by the Organiser.
   4. Agreement: the agreement relating to Participant’s participating in the Event.
2. These General Terms & Conditions apply to all Agreements

Article 2 Participation

1. Entry in the Event is only permitted to natural persons who have reached at least the minimum age set by the Organiser.
2. The Participant may only take part in the Event provided that he or she has completed the appropriate registration form fully and truthfully, the registration fee is paid in full and the participant agrees with the general terms and conditions.
3. The Participant shall personally take part in the Event. It is not allowed to have another person participate in the Event on behalf of the Participant.
4. Transfer of an Agreement for the component ‘Marathon’ and ‘Half Marathon’ to a third party is possible up to 31 days prior to the Event, provided the Organiser has given permission.
5. In case of cancellation of the Agreement by the Participant or by the organization due to a circumstance that is not due to the organization, the Participant owes the total amount to the Organizer and the registration fees and any extras ordered cannot be recovered by the Participant. If a Participant in the ‘Marathon’ or ‘Half Marathon’ has made use of the Cancellation Provision and the amount owed for this amount of € 5,00 has actually been credited to the Organizer’s account, then the Participant can, until March 28, 2024, cancel agreement free of charge. In that case, the registration fee plus any extras ordered by the Participant will be refunded. However, the participant cannot invoke this Cancellation Policy if the event is canceled by the Organizer due to circumstances not due to the Organizer.
6. Requests for cancellation submitted after March 28, 2024 will not be processed.
7. The Organiser can decide that the Event is cancelled due to exceptional circumstances. In this case the registration fee will not be refunded.
8. Under exceptional circumstances, the Organiser may decide to prematurely end, postpone or neutralise the Event. Under the same exceptional circumstances, the Organiser may also decide to change the route or the distance to be run. In such cases, no refund of the registration fee will be made. The final two complete sentences of paragraph 7 are also applicable here.
9. A decision by the Organiser to cancel the Event will not result in any liability for reimbursement of the costs incurred by the Participant.

Article 3 Liability

1. Participation is at own risk. The Organiser shall not be liable for any damage whatsoever, which the Participant may suffer as a result of Participation, unless this damage is a direct result of wilful or gross neglect attributable to the Organiser. 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, despite the provisions of the first paragraph of this article, the Organiser’s liability for damage caused to the Participant must be assumed, the obligation of the Organiser to compensate for such damages is limited to the maximum amount the insurer of the Organiser will pay for such damages.
3. The Participant must be adequately insured against the risk of loss, which the Participant or a next of kin may suffer as a result of his or her death, injury or illness resulting from participating in the Event.
4. The Participant declares to be aware of the fact that participation requires both mental and physical fitness and declares to meet this requirement as well as having prepared adequately for the Event through training and in other ways. The Organiser expressly advises each Participant to undergo a sports medical examination in connection with his or her participation in the Event.
5. The Participant shall indemnify the Organiser for any damages third parties may suffer as a result of the Participant’s actions or omissions relating to the Event. The Participant shall be adequately insured against the risk of liability for such loss.
6. On the same basis as the Organiser, sponsors of the Event and the municipalities in which the Event takes place are excluded from liability

Article 4 Portrait Right

The Participant grants permission to the Organiser and its partners to publish photographs and images and similar material prior, during and after the Event in which the Participant is recognisable.

Article 5 Personal Data

The Organiser will store all personal data provided by the Participant in a database. By entering into the Agreement, the Participant grants permission to the Organiser to use the personal data for the provision of information to the Participant as well as the provision of the personal data to the Organiser and its partners for the purpose of sending information to the Participant. The Participant shall be entitled at any time and without charge to indicate in writing or by e-mail his or her objection to receiving information from the Organiser or to the provision of personal data to third parties. The Organiser will then cease to send information and/or cease to provide personal data to third parties. By entering into the Agreement, the Participant grants permission to the Organiser to disclose his or her name and race results, for instance, through publication in newspapers and on the Internet.

Article 6 Settlement of Disputes

Any disputes between the Organiser and the Participant will be settled outside of court through arbitration in accordance with the Arbitration Rules of the Atletiekunie [Dutch Athletics 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 Race Regulations

The race regulations of the Enschede Marathon, which form part of these general terms and conditions, are applicable to participation by the Participant in the Event.

Article 8 Validity Provisions

If one or more articles of these conditions would be invalid or illegal, for whatever reason, this shall not affect the validity of the other conditions of these conditions.

General Terms & Conditions Volksbank Münster Marathon

Volksbank Münster Marathon – individual participation Combi Enschede Münster Marathon

Conditions for participation in Volksbank Münster Marathon
1. By registering to participate in the Volksbank Münster Marathon, any Runner(s) will be
held to have approved the storage and utilisation of his/her/their personal data
(surname, forename, date of birth, nationality, residential address and membership of
any associations, e-mail address, telephone number, medical history in anonymised
form) by the Organiser/provider for the purposes of payment processing, organising the
event, which includes medical care and co-ordination, together with use of the data by
third parties such as media and sponsors, with no claim for reimbursement (refer §§ 4
(a) and 28, Federal data protection regulations). In the event of any medical treatment,
the Runner has effectively approved the statistical analysis of his/her anonymised
medical history by the Organiser/provider for purposes of quality management internal
to the Organiser – and by the Deutsche Sporthochschule Köln (= German Sports
Academy, Cologne) for purposes of scientific research.

2. The results of the running event (surname, forename, date of birth, gender, nationality,
start number, time and placing, membership of any association) will be stored by the
Organiser/provider and compiled in results lists. The fact of registration can be held to
constitute approval for the Organiser/provider to publish this data in all relevant media
(printed documents such as the programme book and the results book, and in media
such as the Internet and the regional/trans-regional Press). The same shall apply in
respect of publication on the webpages of www.flvw.de and www.flvwdialog.de
together with sharing to the DLVnet network of the Deutsches Leichtathletik-Verbandes
e.V. (DLV = German Light Athletics Association) for purposes of producing the German
winners’ list together with winners’ lists at association, district and regional association
level and for the transmission to the AbottWMM for the evaluation of the age group
ranking for the qualification to the AbottWMM Wanda Age Group World-Championship.

3. The Organiser may pass on photographs and film footage prepared during the event to a
commercial photographic services provider. By virtue of having registered, the
Participant is held also to approve the publication and distribution of such photos, film
footage and interviews on radio, television, internet, print media, books, photomedia
duplication (films, video-cassettes, etc) by third parties such as media and sponsors,
with no claim for reimbursement. In particular, the Participant expresses his/her
approval for his/her personal data to be shared for purposes of transmission of photos
from action on the running track and on the finishing line, such as have been produced
by a commercial photography provider appointed by the Organiser. However, this may
not be equated with any commitment on the Participant’s part to purchase any such
photo.

4. The Organiser may pass on the data stored as described in Clause 2 to DLP (DLP =
German Light Athletics Promotion and Project GmbH) for the operation of its internet
service www.laufen.de on behalf of the German Light Athletics Association.

5. No claim for liability of any kind may be brought against the Organiser or against the
Münster municipal authority on the grounds of losses suffered.

6. Registration takes effect only once the required organisational contribution (entry fee)
has been paid in full. No refund will be paid in the event of failure to appear.

7. In cases of force majeure, the Organiser shall be entitled – or even obliged in the event
of orders from the authorities or considerations involving security – to apply changes as
to the conduct of the event or even to cancel it. In such cases, the Organiser shall not be
subject to any obligation for compensation or reimbursement to the Participant.

8. By virtue of the Runner’s registration, he/she is held to confirm that on the date of the
event he/she is not subject to any ban by any light athletics association for doping or for
any other offences, and is likewise held to confirm that he/she holds the degree of
fitness required in order to participate in this race. The Runner is further held by his/her
participation in the event to have acknowledged & accepted the rules of the DLV’s antidoping code (DLV-ADC) and to agree to be bound by its provisions.