AGTB
GENERAL BUSINESS AND PARTICIPATION CONDITIONS
TERMS AND CONDITIONS OF PARTICIPATION
HYROX Season (2022/2023) – United Kingdom & Republic of Ireland
- GENERAL INFORMATION
1.1. Upsolut SPORTS GmbH, whose registered office is at 322 Bahrenfelder
Strasse, 22765, Hamburg, Germany (“Upsolut”, “we” or “us”), organises the event “HYROX – the World Series of Fitness Racing” (“HYROX”). HYROX comprises several events in various cities around the world, with the world championship as the season highlight and conclusion. HYROX competitions are staged: (i) individually (“Singles”) in the HYROX PRO MEN/HYROX PRO WOMEN and HYROX MEN/ HYROX WOMEN divisions (“Singles Divisions”); (ii) as a partner competition (“Doubles”) in the HYROX DOUBLES MEN/ WOMEN/MIXED divisions (“Doubles Divisions”); and (iii) as a relay competition (“Relay”) in the HYROX MEN/WOMEN/MIXED SEASON divisions (“Relay Divisions”).1.2. HYROX events are organised and staged 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 in the context of Covid-19 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 us and you in relation to your registration to participate and your participation in any HYROX events taking place in the United Kingdom and the Republic of Ireland (each an “Event”). 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: (i) a change in the Applicable Laws; and/or (ii) an increase in the national levels of infection of Covid-19 in the United Kingdom or the Republic of Ireland. We will notify you if we implement any such changes. - EVENT REGISTRATION
3.1. To register to participate in any Event, you must via our website:
3.1.1. truthfully complete the Event booking form (which is available on
Upsolut’s website). 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 offence;
3.1.2. provide your consent to the storage and processing of your data in
accordance with the provisions of the UK General Data Protection
Regulations;
3.1.3. confirm your acknowledgment and acceptance of these T&Cs; and
3.1.4. agree to pay Upsolut the fee payable by you to Upsolut in
consideration of your participation in the relevant Event (“Fee”).3.2. Your completion of the above registration process 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, 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 years of age or older,
3.4.2. be in generally good health;
3.4.3. at Upsolut’s reasonable request, be willing to disclose your state of
health (including with 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; and
3.4.5. 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 any 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 18 at the time of registration, you must provide a declaration of consent issued by your parent or other legal guardian, together with a copy of their passport (or other photographic identity card) no later than 2 days before the Event in question to: uk@hyrox.com. If you do not comply with this requirement, Upsolut 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 4.2 of these T&Cs).
3.7. Spectators may purchase tickets for any of the Events. However, Upsolut 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. Upsolut reserves the right to disqualify and/or exclude you from participating or attending any Event at any time and without any right to a refund of the Fee, or associated costs of participation in the Events if:
3.8.1. you provide false personal information to us, including during registration;
3.8.2. 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; or
3.8.3. there is reasonable suspicion that you are in possession or under the influence of any substances (performance-enhancing or otherwise) at the time of any Event.3.9. You may only register yourself or your team once per each Event. Duplicate registrations by the same person or team, both as a single starter and as a team member, are only counted once. There is no entitlement to a second starting place. Any duplicate registrations will not be accepted by us.
3.10. If you register for a Singles Event, you may change any of the following in relation to your registration and subject to clause 3.13 no later than 2 weeks before the start of the relevant Event:
3.10.1. the participant who is competing;
3.10.2. the Event you are competing at;
3.10.3. the season you are competing in;
3.10.4. the Singles Division you are competing in; and
3.10.5. the HYROX competition you are competing in (subject to payment of any additional Fee for participation in the Doubles and/or the Relay).3.11. If you register for a Doubles Event, you may change any of the following in relation to your registration no later than 2 weeks before the start of the relevant Event:
3.11.1. either or both of the participants who are competing;
3.11.2. the Event you are competing at;
3.11.3. the season you are competing in;
3.11.4. the Doubles Division you are competing in; and
3.11.5. the HYROX competition you are competing in from Doubles to Singles (please note there shall be no reimbursement of any Fee).3.12. If you register for a Relay Event, you may change any of the following in relation to your registration no later than 2 weeks before the start of the relevant Event:
3.12.1. any of all of the participants who are competing;
3.12.2. the Event you are competing at;
3.12.3. the season you are competing in; and
3.12.4. the Relay Division you are competing in.
3.12.5. Registrations for a Relay Event may not be changed or divided
into different HYROX competitions.3.13. Any change relating to the Event you are competing at in accordance with clause 3.10.2, 3.11.2 and 3.12.2 is limited to another Event taking place in the same territory (i.e., United Kingdom or Republic of Ireland) than the territory of origin. Registrations for an Event taking place in the United Kingdom may not be changed to an Event being staged in the Republic of Ireland and vice versa.
3.14. You may make any of the registration amendments listed in clauses 3.10 to 3.12 yourself by contacting our Customer Services at: uk@hyrox.com. Please note that any such amendments are subject to an additional processing fee of £16.75.uk@hyrox.com
3.15. Registration to participate in any Event may be part of a season pass or as a voucher received in another HYROX event. Vouchers and season passes may not be transferred to any other person or third parties.
3.16. Notwithstanding any other provisions of these T&Cs, if you register to participate in any Event under or using a season pass or a voucher (as described in clause 3.15 ), you may not change the participant competing at the Event in question.
- THE FEE, CHARITY FEE, SERVICE FEE AND TERMS OF PAYMENT4.1. All listed prices on our registration page are stated to be inclusive of VAT.
4.2. In addition to the Fee, a service fee (amounting to 5% of the total value of the Fee) is payable upon submission of any registration to participate in any Event. This must be paid by you in addition to the Fee.4.3. The Fee and service fee are due for payment immediately upon Event registration. Such payments may be made by:
4.3.1. credit or debit card;
4.3.2. Google Pay;
4.3.3. Apple Pay; and
4.3.4. Visa Checkout.4.4. If payment is not processed for any reason whatsoever, Upsolut is entitled to terminate our contract immediately without liability. You shall be liable for all costs reasonably associated with such termination.
- ARRIVAL / ACCESS TO THE EVENT
5.1. Upon arrival at an Event and subject to your presentation of:
5.1.1. your official registration confirmation;
5.1.2. your proof of identity; and
5.1.3. if applicable, proof of your state of health, you will receive your starting documents and be granted access to such Event, provided you are not showing any typical symptoms of illness (including but not limited to shortness of breath, coughing or fever).5.2. Upsolut reserves the right to request further explanation from you regarding your health status. If, at any Event, you display typical symptoms of illness (such as shortness of breath, cough or fever) or other indications of a viral infection, Upsolut may remove you from the Event in question with no refund of the Fee.5.3. 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, Upsolut reserves the right to recover from you all attributed costs. - POSTPONEMENT / CANCELLING OF THE EVENTS
6.1. Upsolut is under no obligation to hold the Events and, subject to the remainder of this clause 6 , 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:
6.1.1. circumstance not within Upsolut’s reasonable control;
6.1.2. a decision to protect the safety of any members of the public or Event participants; or
6.1.3. any changes to the Applicable Laws.6.2. 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 UK or the Republic of Ireland during the same or next season of Events.6.3. 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.
6.4. Notwithstanding clauses 6.2 and 6.3 of these T&Cs, if: (i) any Event for which you are registered is cancelled or postponed; and (ii) you can demonstrate to Upsolut’s satisfaction that, as a result, you have been caused significant undue financial hardship, Upsolut may, at its sole discretion, refund the Fee to you.
6.5. Any refunds of the Fee will exclude the service fee incurred pursuant to clause 4.2 .
- PARTICIPATION / INFRINGEMENT RISK, LIABILITY, LIMITATION AND DISCLAIMER OF LIABILITY7.1. 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.7.2. By registering for any Event, you acknowledge that you can become infected with Covid-19 or other viruses during the Event in the course of your participation.
7.3. Subject to clause 7.4 of these T&Cs, and to the maximum extent permitted by law, Upsolut 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.
7.4. Notwithstanding any provision in these T&Cs, Upsolut does not seek to exclude or limit its liability: (a) for fraud or fraudulent misrepresentation; (b) for death or personal injury caused by Upsolut’s negligence or the negligence of any of its officers, employees or agents; or (c) for any other matter for which it is not possible to exclude or limit liability by any of the Applicable Laws (including your statutory rights and rights as a consumer).
7.5. 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.
7.6. Insofar as Upsolut'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 RIGHTS8.1. You acknowledge and agree that Upsolut may use any information provided by you for the following purposes:
8.1.1. the enforcement of Upsolut’s legal rights;
8.1.2. to publish information relevant to participants’ finishing times in the Events;
8.1.3. to send you health and safety and other relevant information relating to the Events;
8.1.4. to notify you of events, activities, publications and services that may be of interest to you should you consent to receiving these from Upsolut;
8.1.5. to notify you of any amendments to these T&Cs and/or any of the Events in accordance with clause 2.1 ; and
8.1.6. to comply with the Applicable Laws.8.2. Upsolut is entitled, either itself or through authorised third parties, to make audio and video recordings and take photographs of the Events as well as your name, image and voice of the participants during the Events (collectively & Media Content") and to use these for documentation, information and advertising purposes in all media (including without limitation print, TV, radio and internet media) without any restrictions in terms of time or location and to allow all official HYROX partners and/or sponsors the same unrestricted use and application.
8.3. Upsolut 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 authorised third parties.
8.4. Upsolut 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. Upsolut may transfer these rights to third parties.
8.5. You have no right to approve or reject the publication of any of the Media Content or to any form of reimbursement, compensation or payment if you are mentioned, depicted or reproduced on any of the Media Content.
8.6. Sportograf Digital Solutions GmbH, whose registered office is at 170 Süsterfeldstrasse, 52072, Aachen, Germany (“Sportograf”) will digitally photograph HYROX on Upsolut’s behalf. In addition, Sportograf offers you the opportunity to purchase competition pictures from it. You can also purchase a photo package when making your HYROX booking. Following this purchase, a contract will be entered into between you and Sportograf. Upsolut itself does not become a party to the contract but acts exclusively as a representative of Sportograf. There is no exchange of data between Upsolut and Sportograf.
8.7. In relation to medical matters, you agree that:
8.7.1. your personal information may be stored, used and disclosed by Upsolut in connection with the organisation 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 Upsolut, or any doctor or hospital, you authorise such persons to provide details (including details of medical treatment) to Upsolut or others authorised by them; and
8.7.2. 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 Upsolut, its employees, contractors or other trained personnel conducting the Events (which may include the use of anaesthetics).8.8. You shall not take, record and/or transmit any sound, image and/or description of the Events other than for your exclusive, private and domestic use (which, for the avoidance of doubt and by way of example only, shall not include recording and/or transmitting any sound, image and/or description of the Events for any commercial purposes).
- CHARITY PLACES & FUNDRAISING DECLARATION9.1. If you participate in an Event in support or on behalf of a Charity, you acknowledge that: (i) such participation will incur a cost to the Charity; (ii) such cost and a fundraising model is agreed in advance between Upsolut and the Charity; (iii) a contract will be entered into between you and the Charity in such regard (“Charity Contract”). Upsolut will not be a party to the Charity Contract, and in addition to your contract with Upsolut and these T&Cs, your participation in any Event shall also be subject to your Charity Contract; and (iv) you agree that your participation shall be subject to the following conditions:
9.1.1. you have pledged to fundraise donations to such Charity for a minimum amount of £400 or such other amount agreed by the Charity (and you shall evidence such fundraising in writing upon Upsolut’s or the Charity’s request) (“Fundraising Target”);
9.1.2. you shall raise 100% of the Fundraising Target no later than 6 weeks after the Event; 9.1.3. you consent to Upsolut sharing any of your data with the Charity, and agree to be contacted by the Charity in relation to your participation in the Event. Upsolut shall require the Charity not to share your data with any party other than Upsolut for marketing purposes;
9.1.4. if the Event is cancelled by Upsolut pursuant to clause 6.1 , and you elect not to rebook for an alternative HYROX event pursuant to clause 6.2 , all monies you have raised on behalf of the Charity will be paid to the Charity;
9.1.5. if the Event is cancelled by Upsolut pursuant to clause 6.1 , and you elect to rebook for an alternative HYROX event pursuant to clause 6.2 , all monies you have raised on behalf of the Charity will not be refunded to you, and will instead apply to the HYROX event for which you are now registered; and
9.1.6. if, prior to the Event taking place, the Charity elects to terminate its
partnership with HYROX, Upsolut or the Event, your Charity entry to the Event will remain unchanged. - COMPETITION RULES
10.1. The regulations of the HYROX Rule Book apply to each Event (available at: www.hyrox.com). By registering, you accept these regulations as binding.
- GENERAL
11.1. 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 English version shall prevail.11.2. 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.
11.3. Any person not a party to our contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999.
11.4. The contract between us (including these T&Cs) is governed by the laws of England and Wales. The parties agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute arising under or in connection with our contract. Notwithstanding the foregoing:
11.4.1. Upsolut reserves the right (exercisable at its sole discretion) to pursue legal proceedings against you in either: (a) the courts of England and Wales; or (b) the courts of Germany. If Upsolut elects to issue proceedings in the courts of Germany, such proceedings shall be governed and interpreted in accordance with German law; and
11.4.2. you reserve the right (exercisable at your sole discretion) to pursue legal proceedings against Upsolut in either: (a) (for English/Welsh residents registered for an Event in England or Wales) the courts of England and Wales; (b) (for Scottish residents registered for an Event in Scotland) the courts of Scotland; or (c) (for Irish residents registered for an Event in the Republic of Ireland) the courts of the Republic of Ireland. All such proceedings shall be governed and interpreted in accordance with the laws of the jurisdiction in which those proceedings are issued.
ORGANIZER
Upsolut Sports GmbH
Bahrenfelder Straße 322
22765 Hamburg / GERMANY
E: dach@hyrox.com
Managing partners:
Christian Toetzke
Moritz Fürste
HRB 144750
UST. ID DE311191102
Status: Hamburg, February 15, 2023