WAIVER, RELEASE FROM LIABILITY AND GENERAL PROVISIONS FOR PARTICIPATION AT THE SWISS CYCLING ALPENBREVET 2024

Agreement on release from liability in connection with participation in the Swiss Cycling Alpenbrevet, assumption of risks and general conditions of participation.

Read this document carefully before registeringt as it has direct legal consequences in terms of your rights and ability to file a lawsuit against the Promoter or enforce claims.

1. Eligibility: Participation is open to road cyclists with birthday before September 1, 2008 (16 years and older).
   Neither a licence nor a club membership is required to start at the Alpenbrevet
2. I confirm my participation in the Alpenbrevet by depositing the entry fee or part of it and take responsibility for all risks arising from it.
   I am responsible for the fact that I am physically fit, trained and in a sufficient state of health at the Alpenbrevet and have at best had this confirmed medically in the run-up to the event.
   I am aware that participation carries risks and, in extreme cases, can lead to damage to health or physical injury, permanent disability or death.
3. I am responsible for the condition of my competition equipment.
   My bike complies with the legal requirements for riding on public roads in Switzerland. I wear a helmet at all times while driving (we recommend the minimum requirement EN 1078). Handlebar attachments of any kind (e.g. time trial, triathlon or aero handlebars) are prohibited.
   My bike is equipped with a forward white light and a bright red light at the back and a rear-facing retro-reflector (Art 216. VTS and Art 217. VTS)
4. I follow the instructions of the organizer.
   The instructions of the organizer and his staff must be followed in any case. This also applies to measures related to the implementation of a safety/hygiene concept or which otherwise serve the safety and health of participants or third parties (e.g. participation during a pandemic). In the event of violations that could disrupt the proper course of the event or endanger the safety/health of the other participants or third parties, the organizer is entitled to exclude the participant in question from the event with immediate effect.
   
5. Waiver of Liability: I waive any and all claims, liabilities, damages, loss compensation and causes of action (including court costs, attorneys’ fees and litigation costs) against the organizers that may arise in connection with my participation in the Alpine Brevet.
   I confirm that I take the risks of the following, non-exhaustive list: Falls and dangers due to collision with vehicles, pedestrians, animals, other participants, helpers, spectators, third parties or fixed objects, as well as due to material or weather-related influences. I confirm that I have sufficient liability cover, either with a Swiss insurance company or with a comparable foreign institution.
6. Insurance is a matter for the participants. I confirm that I am adequately insured to cover any costs incurred through medical treatment, primary care, transport, repatriation, hospitalisation, etc.
   I agree to seek medical care that seems advisable in the event of injury, accident or illness during the event. I hereby grant the medical service of the event or public medical care any necessary medical treatment. I assume responsibility and liability for all expenses incurred in connection with the training and/or participation in the event, including medical transportation, hospitalization, medical care and treatment, and medical and pharmaceutical services.
7. Notes of the Police – In case of accidents
   Latest before the start of the race, the organizer has to orient the participants, officials and drivers of support vehicles on the security measures taken as well as the case of an accident.
   Minor accidents of racers
   Article 51, Section 1-3 SVG do not apply. Assistance and all penalties under unsportsmanlike are the responsibility of the organizer, remains a subject of any complaint of assault within the meaning of Article 123 paragraph 1 and 125 paragraph 1 of the Criminal Code (StGB).
   Accidents involving serious injury in race accidents
   The provisions of Article 51 SVG fully apply. To remain on the scene of the accident but only those directly involved. The indirect participants have to hold on to the target available to the police and may only leave the target without the consent of the police, if they need help in itself. Directly involved in the accident vehicles may not be removed from the end position without previous markings and must remain on the scene of the accident.
   Accidents involving third parties
   The provisions of Article 51 SVG fully apply. SVG Article 51 Dealing with accidents
   • If an accident occurs in which a motor vehicle or bicycle is involved, all parties must stop immediately. You have to ensure as far as possible for the safety of traffic.
   • Are people injured, all parties have to provide help. Innocent, where it is reasonable for them. The participants, mainly the drivers have to notify the police. All involved, including fellow passengers also have a role in the determination of the facts. Without the consent of the police, they may not leave the scene of an accident, even if they need help, or to call for help or the police.
   • If only caused material damage, the perpetrator shall immediately notify the claimant and indicate name and address. If this is not possible, he shall immediately notify the police.
   • In case of accidents at level crossings, the parties to notify the Railway immediately.

    

8. The Swiss Road Traffic Act is valid at all times.
   I am aware that the Alpenbrevet takes place on public roads that are not closed off. Rules must be followed, such as not crossing control and safety lines, stopping in the event of appropriate signalling or granting priority to authorised traffic participants. In addition, the bicycle must be illuminated (according to Art. 30 VRV), see point 3. The organizer has the right to disqualify participants in case of misconduct and to exclude them from the next two events.
9. Lights and reflectors on the bike
   Your safety comes first. Your safety comes first. Before 09:00 in the morning and after 20:00 in the evening and in conditions that reduce visibility (such as fog), lights are compulsory at the front (white) and rear (red). To keep visibility as high as possible during the day, we recommend leaving the lights on. In addition, the bicycle is obligatorily equipped with reflectors at the front (white) and at the rear (red). To keep visibility as high as possible during the day, we recommend leaving the lights on. In addition, the bicycle is obligatorily equipped with reflectors at the front (white) and at the rear (red).
10. I do not use banned substances, methods or technologies for training or participation in the Alpenbrevet. No stimulants, painkillers or doping substances and methods are used!
    The organiser, the antidoping department of Swiss Sports Integrity or third parties can also carry out doping checks on grassroots athletes. By registering for the Alpenbrevet, I submit to the anti-doping rules of Swiss Olympic and recognise the exclusive jurisdiction of the Swiss Olympic Doping Commission and the Arbitration Court of Sport in Lausanne, excluding the ordinary courts. This regulation also applies to participants from outside Switzerland. Persons with a national or international doping ban are not admitted at the start of the Alpenbrevet. This also applies to locks in other sports.
11. I agree to the use of my name, images of me, my voice and/or image for the illustration of publications, websites, media reports, videos, webcasts and other PR purposes related to the Alpenbrevet (organizer, sponsors and partners).
    I agree to the publication of my name, place of residence and vintage on official start/result lists in printed or electronic form.
    I agree that my address data may be passed on to sponsors, partners and service providers, as well as Swiss Cycling or to third parties for services. The organiser may also collect personal data in order to ensure the proper execution of the event in compliance with the legal/official requirements of traceability for reasons of health protection (e.g. infection chains COVID-19). Refusal to provide this address can be reported in writing to the organizer([email protected]).
12. With my registration I confirm my participation in the event. I am aware that no entry fees will be refunded (with the exception of clause 13).
    My registration is well-considered. I agree that my entry fee will not be refunded if I am unable to participate in the event or if I change my route. Not even in the case of a cancellation with a medical certificate. The organizer recommends to take out a cancellation insurance at the time of registration.
    If I cannot participate, I have the following options: I transfer my starting place to someone I know or I cancel my registration and receive a voucher for the following year’s event. The second option is only possible until 31th July 2024. I choose the option independently via the link in the registration confirmation. The start number deposit will be retained as an administration fee in the event of cancellation without cancellation insurance and will not be refunded in the form of a voucher.
13. I agree that the Promoter may, in its sole discretion, decide to postpone or cancel the event if it deems it unworkable or if it considers the conditions on the day of the event to be too dangerous.
    In the case that the event is cancelled or postponed for any reason, including force majeure, natural disasters, epidemics, pandemics and any other circumstances, no refund of participation fees or other costs incurred in connection with the event will be made by the organizer or its partners. The organizer also reserves the right to declare changes to the original event description for factually justified reasons.

    If the event is cancelled due to an epidemic or pandemic (e.g. Covid-19), the starting fee will be refunded according to the following scheme:

    Cancellation 6 weeks before the event. You have the choice between:
    – 100% refund (admin fee CHF 15)
    – Transfer of the starting place to the following event

    Cancellation 2 weeks before the event. You have the choice between:
    – Refund of 2/3 of the participation fee
    – Transfer of the starting place to the following event (admin fee CHF 15)

    Cancellation less than 2 weeks before the event:
    – In case of cancellation due to a pandemic/epidemic in the last 2 weeks before the event, the organizer reserves the right to first assess the situation and based on that, decide on the procedure with already paid participation fees.

14. I am aware of the fact that the Promoter reserves the right, in its sole and sole discretion, to refuse to participate in the Alpenbrevet without justification, to withdraw a Participant’s application for participation at any time and/or to disqualify a person from the event.
    The Participant expressly waives any claims in connection with a refusal to participate or the revocation of a participation application that exceedtheamount of the participation fee.
15. Waste
    For reasons of safety and environmental protection, participants are requested not to throw away any waste.
16. Special regulations in the event that COVID-19 pandemic regulations are applicable at the time of the event.
    If a Covid certificate is required by the event, I confirm that I have a valid Covid certificate at the time of participation (in the sense of the 3 G rule, or the regulation applicable at the time of the event) and will present this to the organizer upon request.
17. Unclear wording
    If any provision of this Agreement is found to be unlawful, invalid or unenforceable for any reason, this provision shall be deemed severable from the remainder of this Agreement and shall have no effect on the validity and enforceability of the remaining provisions of this Agreement.
18. Applicable law and place of jurisdiction
    This Agreement shall be governed by Swiss law. The exclusive place of jurisdiction is Zurich (Switzerland).

Zurich, September 2023

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