- GENERAL INFORMATION
1.1. Under the auspices of and in collaboration with the genuine rightsholder Upsolut SPORTS GmbH, Hamburg/Germany (“Upsolut”), which is responsible for the overall management and international coordination of the event “HYROX – the World Series of Fitness Racing” (“HYROX”), Yoska Technology Solutions Pvt Ltd.] with registered offices at [10, Deepanjali, 1st Cross, NGEF Layout, 2nd Stage, Bengaluru, Karnataka 560094] (“Local Organizer” or “we” or “us”), organizes, manages, stages and delivers HYROX within the territory of [INDIA] (“Territory”) as the local event organizer. 1.2. HYROX fitness races are conducted in an event-series format in various cities around the world with the world championship as the respective season’s highlight and its ending. HYROX fitness races are organized: (i) as an individual competition (“Single Division”) in HYROX PRO MEN/PRO WOMEN, HYROX MEN/WOMEN, (ii) as a partner competition (“Doubles Division”) in HYROX DOUBLES MEN/WOMEN/MIXED and HYROX PRO DOUBLES MEN/WOMEN and (iii) as a relay competition (“Relay Division”) in HYROX RELAY MEN/WOMEN/MIXED. 1.3. HYROX events are subject to all applicable laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to the environment, health and safety or sanitary measures of any governmental authority that apply to participants (“you”) (together “Applicable Laws”).
- THESE TERMS & CONDITIONS
2.1. These Terms and Conditions (“T&Cs”) set out and comprise all of the legal terms applying between the Local Organizer and you in relation to your registration to participate and your participation in any HYROX events (each an “Event”) taking place in the Territory. They are part of the agreement that you are concluding with us when registering for the Event. 2.2. We reserve the right at our discretion to amend these T&Cs (and the format, date and structure of any Event), including if there is a change in the Applicable Laws or amendments due to changes in the event structure. If we do implement such changes, we will notify you of any such changes in advance.
- EVENT REGISTRATION
3.1. To register to participate as an athlete in any Event, you must via our website: 3.1.1. truthfully complete the Event booking form (which is available on the HYROX website for each individual Event). In doing so, you must not use any false information or misrepresent the information of another person as applying to you. Anyone who uses false or misleading information or documents in order to gain entry will have their registration cancelled and may be banned from participating in future Events. The use of false documents to obtain an entry may be a criminal offense; 3.1.2. provide your consent to the storage and processing of your data in accordance with the provisions of the applicable general data protection regulations and our privacy policy as set out on our website. 3.1.3. confirm your acknowledgment and acceptance of these T&Cs; and 3.1.4. agree to pay the fee payable in consideration of your participation in the relevant Event as detailed on our Event booking from (“Fee”). 3.2. Your completion of the registration process above constitutes a binding, irrevocable and unconditional offer by you to participate in the relevant Event in accordance with these T&Cs. 3.3. Once we confirm your registration by email and request to further personalize your ticket, a binding contract is entered into between us for you to participate in the relevant Event in accordance with, and subject to, these T&Cs (to the exclusion of all other terms and conditions save where expressed to the contrary in these T&Cs). 3.4. In order to participate in any Event, you must: 3.4.1. be sixteen (16) years of age or older, 3.4.2. be in generally good health; 3.4.3. at the Local Organizer’s reasonable request, be willing to disclose your state of health (including supporting confirmation from a qualified medical professional, for example in the form of a doctor’s note); 3.4.4. be duly registered to participate in such Event; 3.4.5. have duly personalized your Event ticket as documented by a QR-/barcode assigned to your ticket; and 3.4.6. be accredited in accordance with these T&Cs and in possession of an official start number. 3.5. You are solely responsible for assessing the health requirements for your participation in any Event. You acknowledge and agree that: (i) your state of health may change during the period between registering to participate in an Event and such participation (including due to viral infection, illness or injury); and (ii) you bear this risk alone and may not terminate this contract due to subsequent viral infection, illness or injury. You shall solely bear all costs that you incur in complying with clause 3.4.3 of these T&Cs. 3.6. If you are under the age of eighteen (18) at the time of registration, you must provide by upload a declaration of consent issued by your parent or other legal guardian, no later than seven (7) days before the Event in question. If you do not comply with this requirement, we may terminate our contract (and revoke your participation in the Event in question) and your Fee will be refunded (minus any services fee already accrued in accordance with clause 5.2 of these T&Cs). 3.7. Spectators may purchase tickets for any of the Events whereas participation as a spectator is subject to further personalization of the ticket before the Event as documented by a QR-/barcode assigned to the ticket. Furthermore, the Local Organizer reserves the right to require spectators to provide evidence of their state of health at the time of the Events, if necessary by providing evidence in the appropriate form as set out in clause 3.4.3 of these T&Cs. Spectators must also bear the risk of any subsequent deterioration in their state of health following the purchase of their tickets and any costs that they incur in the provision of any required proof of good health. 3.8. The Local Organizer reserves the right to disqualify and/or exclude you from participating or attending an Event at any time and without any right to a refund of the Fee, or associated costs of participation in the Event if: 3.8.1. you provide false personal information to us, including during registration; 3.8.2. you have failed to personalize your ticket before the Event; 3.8.3. there is reasonable suspicion that you are not in generally good health; 3.8.4. your actions and/or omissions (whether before, during or after any Event) endanger the safety of any other participants, spectators or our staff members or other representatives; 3.8.5. there is reasonable suspicion that you are in possession or under the influence of any illicit substances (performance-enhancing or otherwise) at the time of any Event; or 3.8.6. you, at the time of the Event, are suspended by another sports or anti-doping organization whereas the Local Organizer will adopt the issued suspension time frame. 3.9. Registration to participate in an Event may be done by using a voucher received in another HYROX event. Vouchers may not be transferred to any other person or third parties.
- TRANSFER / CHANGE OF REGISTRATION
4.1. If you wish to change or transfer your ticket to participate as an athlete in an Event, you may do so subject to the terms and conditions following hereinafter in clauses 4.2 to 4.10. Please kindly note that we cannot provide for a change or transfer of your ticket to attend as a spectator in an Event. 4.2. Any change to the person(s) competing, the competition’s division and/or the date and place of the competition in accordance with clauses 4.8. to 4.10. is subject to payment of (i) an additional fee if the price level of the modified ticket at the time of transfer and/or change is higher than at the time of registration and (ii) a processing fee of [INR 2000 (Rupees Two Thousand)] in regard to each amendment made. Please note that any such amendments cannot be combined but must be made individually one at a time. 4.3. Any change relating to the 4.3.1. participant who is competing in accordance with clause 4.8.1, 4.9.1, or 4.10.1 is limited to another person of the same gender than the original participant, 4.3.2. Event you are competing at in accordance with clause 4.8.2., 4.9.2. and 4.10.2. is limited to another already published Event taking place in the same Territory and is still open for registration (i.e., not sold-out) in the corresponding division, and/or 4.3.3. division you are competing at in accordance with clause 4.9.3 is limited to the other division still being open for registration. 4.4. Any change of the division category (i.e., women to pro women, men to pro men and vice versa) is explicitly excluded. 4.5. You can apply for any of the registration amendments listed in clauses 4.8. to 4.10. (excluding clauses 4.8.1, 4.9.1 and 4.10.1) online at [support.india@hyrox.com]. 4.6. Registration changes listed in clauses 4.8.1, 4.9.1 and 4.10.1 must be carried out independently via the system (forwarding to the online rebooking tool via the order confirmation email or the customer account. 4.7. The deadline to submit any registration amendments is the second to last Friday before (thus: one week before) the relevant event weekend at 11:59 pm (time zone in which the event is located). 4.8. If you have registered for an Event competing in a Single Division, you may change any of the following in relation to your registration before the deadline stated in clause 4.7. (the second to last Friday before the relevant event weekend at 11:59 pm – time zone in which the event is located): 4.8.1. the participant who is competing, and/or 4.8.2. the date and place of the Event. 4.9. If you have registered for an Event competing in a Doubles Division, you may change any of the following in relation to your registration before the deadline stated in clause 4.7. (the second to last Friday before the relevant event weekend at 11:59 pm – time zone in which the event is located): 4.9.1. either or both of the participants who are competing, 4.9.2. the date and place of the Event, and/or 4.9.3. the division you are competing in from Doubles Division to Single Division if your partner is ill. Please note that there shall be no reimbursement of any Fee as the registration of your ill doubles partner becomes void. 4.10 If you have registered for an Event competing in a Relay Division, you may change any of the following in relation to your registration before the deadline stated in clause 4.7. (the second to last Friday before the relevant event weekend at 11:59 pm – time zone in which the event is located): 4.10.1. any or all of the participants who are competing, and/or the date and place of the Event. 4.11. A ticket refund is excluded in any case (this also includes the add-on tickets “Sportograf Photo Package” and “Race With A Friend”).
- THE FEE, SERVICE FEE AND TERMS OF PAYMENT
5.1. All listed prices on our registration page are stated to be inclusive of VAT. 5.2. In addition to the Fee, a service fee amounting to [Six] per cent ([6] %) of the total value of the Fee is payable upon submission of any registration to participate or attend in any Event. This must be paid by you in addition to the Fee. 5.3. The Fee and service fee are due for payment immediately upon Event registration. Such payments may be made by: 5.3.1. credit or debit card; 5.3.2. Google Pay; 5.3.3. Apple Pay; or 5.3.4. Visa Checkout. 5.4. If payment is not processed for any reason whatsoever, the Local Organizer is entitled to terminate the contract immediately without liability. You shall be liable for all costs reasonably associated with such termination.
- ARRIVAL / ACCESS TO THE EVENT
6.1. Upon arrival at an Event and subject to your presentation of: 6.1.1. your official registration confirmation carrying a QR-/barcode; 6.1.2. your proof of identity; and 6.1.3. if applicable, proof of your state of health, you will receive your starting documents, if you have registered as an athlete, and be granted access to the Event, provided you are not showing any typical symptoms of illness (including but not limited to shortness of breath, coughing or fever). 6.2. We reserve the right to request further explanation from you regarding your health status. If, at the Event, you display typical symptoms of illness (such as shortness of breath, cough or fever) or other indications of a viral infection, we may remove you from the Event with no refund of the Fee. 6.3. You must check your starting documents for completeness upon receipt. Your timing chip, contained in the starting documents, must be returned to the Event staff in the finish area immediately after crossing the finish line. If your timing chip is lost or damaged by you, the Local Organizer reserves the right to recover from you all attributed costs amounting to [INR 4500] (Rupees Four Thousand Five Hundred]).
- POSTPONEMENT / CANCELING OF THE EVENTS
7.1. The Local Organizer is under no obligation to hold the Events and, subject to the remainder of this clause 7, may without liability postpone or cancel, or change the time or location of, any or all of the Events for any reason, including due to: 7.1.1. circumstance not within the Local Organizer’s reasonable control (including circumstances leading to so called “economic impossibility”), 7.1.2. lack of necessary permits to stage the Event, 7.1.3. a decision to protect the safety of any members of the public or Event participants, or 7.1.4. any changes to the Applicable Laws. 7.2. If any Event for which you are registered is cancelled altogether, you shall be entitled to a free rebooking to an alternative HYROX event of your choice taking place within the Territory during the same or next season. A season ends with its world championship and begins with the following HYROX fitness race (“Season”). In case there neither is nor will be an alternative HYROX event within the Territory during such a period of time, the Local Organizer refunds the Fee to you. 7.3. If any Event for which you are registered is postponed, your contract with us (including these T&Cs) shall remain unaffected and your registration shall remain valid for the next rescheduled edition of the postponed Event in question. 7.4. Notwithstanding clauses 7.2. and 7.3. of these T&Cs, if: (i) any Event for which you are registered is cancelled or postponed; and (ii) you can demonstrate to the Local Organizer’s satisfaction that, as a result of the rebooking (clause 7.2.) or rescheduling (clause 7.3.), you have been caused significant undue financial hardship, the Local Organizer may, at its sole discretion, refund the Fee to you. 7.5. Any refunds of the Fee will exclude the service fee incurred pursuant to clause 5.2.
- PARTICIPATION / INFRINGEMENT RISK, LIABILITY, LIMITATION AND DISCLAIMER OF LIABILITY
8.1. Participation in any Event is at your own risk and requires that you are healthy and in good physical condition. It is your responsibility to check your health beforehand. With your registration, accreditation and participation, you expressly declare that you are aware of the specific dangers of the Event and that there are no health concerns regarding your participation. 8.2. By registering for any Event, you acknowledge that you can get injured or infected with viruses during the Event in the course of your participation. 8.3. Subject to clause 8.4. of these T&Cs, and to the maximum extent permitted by law, the Local Organizer hereby excludes any liability for loss, damage or injury to you and/or your property arising under our contract or in connection with any HYROX event, including any indirect or consequential loss or damage, such as loss of enjoyment or travel or accommodation costs, regardless of whether the loss or damage: (i) would arise in the ordinary course of events; (ii) is reasonably foreseeable; or (iii) is in the contemplation of the parties, or otherwise. 8.4. Notwithstanding any provision in these T&Cs, the Local Organizer does not seek to exclude or limit its liability (i) for fraud or fraudulent misrepresentation; (ii) for death or personal injury caused by the Local Organizer’s or its officers’, employees’ or agents’ negligence, gross negligence or intent; (iii) damages of other financial loss caused as a consequence of our gross negligence or intent, or (iv) for any other matter for which it is not possible to exclude or limit liability by Applicable Laws (including your statutory rights and rights as a consumer). 8.5. We assume no liability for lost clothing, valuables and equipment belonging to participants that were not handed over to us for safekeeping. You should therefore be insured accordingly. 8.6. Insofar as the Local Organizer’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
- PRIVACY AND DATA PROTECTION, PHOTO AND IMAGE RIGHTS
9.1. You acknowledge and agree that the Local Organizer may use any information provided by you for the following purposes: 9.1.1. the enforcement of the Local Organizer’s legal rights; 9.1.2. to publish information relevant to participants’ finishing times in the Events; 9.1.3. to send you health and safety and other relevant information relating to the Events; 9.1.4. to notify you of events, activities, publications and services that may be of interest to you should you consent to receiving these from the Local Organizer; 9.1.5. to notify you of any amendments to these T&Cs and/or any of the Events in accordance with clause 2.2.; and to comply with the Applicable Laws. 9.2. The Local Organizer is entitled, either itself or through authorized third parties, to make audio, audio-visual recordings and/or stills/photographs of the Events as well as record the name, image and voice of the participants during the course of the competition, including the warm-up, the finishing as well as the award ceremony (collectively “Media Content“) without any obligation for compensation. The Media Content shall clearly qualify as sports competition content thereby generally excluding any individual portraits or close-ups of participants or spectators. The Local Organizer, its affiliated enterprises, and/or its authorized third parties may use such Media Content for documentation, information and advertising purposes in all media on a world-wide basis for a period of two (2) years thereafter and allow all official HYROX partners and/or sponsors the same use and application. 9.3. The Local Organizer shall use best efforts to ensure that the Media Content produced at the Events will only be used in connection with HYROX, even if passed on to authorized third parties. 9.4. The Local Organizer has the right to store, use, broadcast, display and/or reproduce all Media Content on all media, including but not limited to radio, television, cinema, at events, on data carriers or on the Internet to be published without restriction. This also includes the right to make changes, edits, interruptions, deletions or other modifications to the Media Content and to use it without restriction as well as to to transfer these rights to third parties. 9.5. You hereby approve the publication of any of the Media Content without any form of reimbursement, compensation, or payment if you are mentioned, depicted or reproduced on any of the Media Content. For any data protection rights issues please refer to our privacy policy. 9.6. Sportograf Digital Solutions GmbH, whose registered office is at 170 Süsterfeldstrasse, 52072, Aachen, Germany (“Sportograf”) will digitally photograph HYROX on the Local Organizer’s behalf. In addition, Sportograf offers you the opportunity to purchase competition pictures from it. You may also purchase a photo package from the Local Organizer when making your HYROX booking as annex to your registration. In this case you will enter into an agreement with us. You consent to the Local Organizer sharing any of your data with the Sportograf and agree to be contacted by the Sportograf in relation to your participation in the Event. The Local Organizer shall require Sportograf not to share your data with any party other than itself for marketing purposes. 9.7. In relation to medical matters, you agree that: 9.7.1 your personal information may be stored, used, and disclosed by the Local Organizer in connection with the organization and administration of the Events and for the compilation of statistical information. If you become ill during or after an Event and/or receive medical attention or treatment either from medical staff, other medical service providers to the Events as contracted by the Local Organizer, or any doctor or hospital, you authorise such persons to provide details (including details of medical treatment) to the Local Organizer or others authorised by them; and 9.7.2. you consent to medical assistance and/or medical care being given to you in the case of illness, injury or an emergency situation, should this occur during an Event, such assistance to be given by the Local Organizer, its employees, contractors or other trained personnel conducting the Events (which may include the use of anaesthetics). 9.8. While within our Event premises, you shall neither (i) take, record nor transmit any sound, image nor description of the Event other than for your exclusive, private and domestic use, nor (ii) plan, organize, lead, promote or endorse any commercial activity relating to your, if any, own business or the business of a third party that is not contracted to the Local Organizer or Upsolut in connection with the Event and/or as a HYROX sponsoring partner.
- HYROX INTELLECTUAL PROPERTY RIGHTS
10.1. Upsolut is the sole owner of the trademark “HYROX,” and all related intellectual property rights relating to HYROX – The World Series of Fitness Racing, including but not limited to any brand logos, guides, documents created by Upsolut as well as images, audio-visual recordings (e.g., highlights, clips, snippets) produced at the Event or any authorized third party (together “HYROX IP”). 10.2. If not set out otherwise within these T&Cs, you are not permitted to use the HYROX IP without the express written consent of Upsolut. 10.3. You may not use or reproduce the HYROX name or logo in any manner that implies a partnership, sponsorship, endorsement, or affiliation with HYROX without the express written consent of Upsolut.
- COMPETITION RULES
The regulations of the HYROX Rulebook apply to each Event (available at: www.hyrox.com/rulebook) (the “HYROX Rulebook”). By registering, you accept these regulations as binding.
- GENERAL
12.1. These T&Cs have been drafted in the English language and may be translated into other languages. In the event of any discrepancy between the English and any translated version, the respective version representing the official language of the Territory shall prevail. 12.2. The contract between us constitutes the entire agreement between the parties and no party shall have any claim or remedy in respect of any statement, representation, warranty or undertaking, made by or on behalf of any other party in relation to our contract which is not already set out in these T&Cs. 12.3. The contract between us (including these T&Cs) is governed by the laws of India. The parties agree that the competent courts of Germany have exclusive jurisdiction to settle any dispute arising under or in connection with your contract. 12.4. If any term, condition or other provision of these T&Cs are determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law or public policy, it shall be deemed to be deleted from these T&Cs, and all other terminus, conditions and provisions of these T&Cs shall nevertheless remain in full force and effect. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AFFIRMATIVELY CHECKING THE APPROPRIATE BOX AND AGREEING TO THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY LOSS OR DAMAGE. YOU UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.
YOU HAVE READ THIS ENTIRE T&Cs CAREFULLY, AND FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS; BY AFFIRMATIVELY CHECKING THE APPROPRIATE BOX, YOU ARE PROVIDING YOUR ACKNOWLEDGMENT AND AGREEMENT THAT YOU HAVE HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE T&Cs AND TO HAVE ANY QUESTIONS ANSWERED TO YOUR SATISFACTION.
You hereby represent, warrant and covenant to the Local Organizer that each of the following is true and accurate:
- I am at least 18 years of age and I have the right to contract in my own name or if I am under 18 my parent or guardian has provided a declaration of consent in accordance with Section 3.6.
- I have read the above statements, understand the words and language in these T&Cs and agree to them.
- I am not pregnant, and I will not consume alcohol or drugs (including, without limitation, any performance enhancing drugs prohibited by the HYROX Rulebook) while participating in the Event.
- I have read, understand, and agree to abide by the HYROX Rulebook.
- I am aware of and voluntarily participate despite the potential dangers inherent to the Event.]
GENUINE RIGHTSHOLDER | [LOCAL ORGANIZER] |
Upsolut Sports GmbH Bahrenfelder Str. 322 22765 Hamburg / GERMANY Company registration: HRB 144750 USt.-ID: DE311191102Legal representatives: Christian Toetzke Moritz Fürste |
Yoska Technology Solutions Pvt Ltd Address: 10, Deepanjali, 1st Cross, NGEF Layout, 2nd Stage, Bengaluru, Karnataka 560094 GST No : :29AAACY8089N1ZALegal Representative Deepak Raj |