TERMS & CONDITIONS
DEFINITIONS
Agreement: is to these Terms and Conditions.
Fee: is the charge made for participation in a Final6 Training course or guided Tour.
Organiser: is Final6
1. REGISTRATION
1.1 By submitting your on-line registration and paying your Fee you are agreeing to participate in a Final 6 Training course/Tour and agree to abide by these Terms and Conditions of registration and any instructions given to you by the coaches and officials of the Course/Tour you attend.
1.2 Following registration you will receive a unique registration number by email which should be used in all correspondence with Final6.ch
2. FEES
2.1 The Fee for the Course/Tour is detailed on the relevant Course/Tour information page at www.final6.ch. Registrations will be accepted up to the entry limit. Once entry limit is reached registrations will be placed on a waiting list and a place offered should a space become available.
2.2 The Course/Tour is inclusive of TVA.
2.3 If your registration is accepted the Fee is non-refundable other than as otherwise stated in these terms and conditions.
3. COURSE/TOUR SAFETY
3.1 At all times during the Course/Tour you must adhere to all instructions given by the Course/Tour Coaches.
3.2 Riders must wear suitable cycle clothing and a cycling helmet to participate in the Course/Tour.
3.3 You warrant to the Organiser that the participant(s) you register are, and will be, on the date of the Course/Tour, sufficiently fit and healthy to participate in the Course/Tour unaided and in accordance with these terms and conditions.
4. COURSE/TOUR EJECTION
4.1 We reserve the right to refuse entry to the Course/Tour or ask you to cease participation if:
4.1.1 you fail to follow instructions given by Course/Tour coaches;
4.1.2 you attempt to participate in the Course/Tour in a manner that we, acting reasonably, believe: –
(a) may cause injury to you;
(b) may cause injury to another participant;(c) may damage or harm the environment;
(d) is likely to cause offence; or
(e) otherwise causes a risk or potential risk to health and safety including any failure, in whole or in part, to comply with the restrictions in Condition 3 above (Course Safety);
4.1.3 in our opinion you are unfit to participate in the Course/Tour due to: –
(a) the consumption of alcohol;
(b) the use of drugs;
(c) an injury or illness; or
4.1.4 you fail to arrive at the start time of the Course/Tour.
4.1.5 you fail to agree to the form setting out the Liability Release and Assumption of Risk prior to the start of the Course/Tour.
5. CANCELLATION BY YOU
5.1 From the moment we begin to organise a Course/Tour, we start to incur costs. Your entry fee is invested into the cost of staging the Course/Tour – everything from barriers to toilets, from printing to safety pins to marketing. Organising any Course/Tour requires a considerable amount of forward planning, risk and expense. Our withdrawal policy reflects this and is as follows.
Refunds will be issued after the Course/Tour and as follows: –
Notification dated 2 months (61 days) or more before the Course/Tour = 50% refund
Notification dated 1 month (30 to 60 days) before Course/Tour = 20% refund
Notification dated less than 1 month (29 days) before Course/Tour = nil refund
Due to the nature of sports, we are unable to make exceptions for injuries.
Notify Final6.ch in writing by email. Date of withdrawal is date of the email. Telephone messages are not acceptable. Send your email to: info@final6.ch Please give your full name and registration number for the Course/Tour you are withdrawing from.
6. CANCELLATION BY THE ORGANISERS
Final6 goes to great lengths to bring you innovative, ground-breaking, and a safe Course/Tour.
We will go to equally great lengths to offer alternatives, but if circumstances beyond our control mean we must cancel, we are not able to bear the financial risk. Most Course/Tour infrastructure needs to be paid for up front regardless of whether or not it takes place.
It is a risk we feel our customers need to bear as a whole rather than rely on the Course/Tour organiser to underwrite. Course/Tour cancellation insurance is prohibitively expensive and would result in an across -the -board price rise for an eventuality that very rarely happens. We bring you these Courses/Tours in utmost good faith and trust that you accept the sharing of this risk with us.
6.1 We may cancel the Course/Tour if circumstances beyond our reasonable control arise, including, without limitation, force majeure or act of God, war, civil or political unrest, terrorism or inclement weather conditions.
6.2 In such circumstance: –
6.2.1 you will have the right to take part in an alternative course. If you cannot make this date, no other alternative or refund will be offered.
6.3 In the event of cancellation of the Course/Tour we will have no responsibility for any costs incurred because of cancellation including any travel or accommodation costs, including your travel to the Course/Tour location.
7. DATA PROTECTION
7.1 For the purposes of this Condition, personal information includes medical data collected for health and safety purposes (“Personal Information”).
7.2 You agree that your Personal Information can be stored, used by the Organisers and our Course/Tour partners in connection with the organisation, staging and administration of the Course/Tour.
7.3 Medical information will only be used to allow medical assistance to be given on the date of the Course/Tour.
7.4 You agree that your Personal Information may be anonymized, and the anonymized data may be used by the Organizers and our Course/Tour partners in connection with the compilation of statistical information and to improve
health and safety procedures at future Course/Tour.
7.5 You agree that your name and contact details can be used by the Organisers and our Course/Tour partners for the purposes of: –
7.5.1 the promotion and marketing of the Course/Tour;
7.5.2 adding you to a mailing list to keep you informed about any future Courses/Tours and services which we believe you might be interested in, such as leisure activities relating to either similar types of Courses/Tours or activities;
7.5.3 promotional and marketing material in respect of similar Courses/Tours, other community-based activities organised by our Course7Tour Partners, (together the “Marketing Information”). If you object to such, please see Condition 7.7.
7.6 We shall take all necessary steps to ensure that Personal Information or Marketing Information pertaining or relating to you which comes into the possession or control of the Organisers or our Course/Tour partners shall not be: –
7.6.1 used or reproduced in whole or in part in any form except for the purposes outlined in these Conditions; 7.6.2 disclosed to any person not authorised by you to receive it; or
7.6.3 altered, deleted, added to or otherwise interfered with (except where expressly permitted by these Conditions).
7.7 If you would not like the Organisers or our Course/Tour partners to use the Marketing Information or Personal Information other than for purposes related solely to your participation in the Course, please email the Organisers at info@final6.ch
7.8 By agreeing to the terms and conditions you will receive a limited number of welfare emails which will include information to help prepare for the Course/Tour and latest updates on the Course/Tour itself.
8. USE OF IMAGES
8.1 The Course/Tour may be recorded and photographs may be taken which capture your participation in the Course/Tour. You agree to the publication of photographs and broadcasts of your image which accurately depict your participation in the Course/Tour in the context of a report which relates solely to the Course/Tour as such.
8.2 Your photograph, image, name or voice may be used in any other specific broadcast, telecast, advertising, promotion or other medium without your consent.
8.3 Whilst we will make reasonable endeavors to capture a photograph of every Course/Tour participant, we do not offer a guarantee that images will be captured.
9. MEDICAL ADVICE
9.1 If you have any known condition (such as diabetes, asthma, allergy to penicillin) you should inform the Organisers in writing before the Course/Tour at info@final6.ch quoting your registration number.
9.2 Whether you have a medical condition or not, if you feel unwell on the day of the Course/Tour then you are advised not to participate in the Course/Tour.
10. ASSUMPTION OF RISK
10.1 By making an entry to the Course/Tour you agree to the Liability Release and Assumption of Risk prior to participating in the Course/Tour.
11. LIABILITY RELEASE
11.1 In no Course/Tour shall we be liable to you, whether for breach of contract, any tortuous act or omission (including negligence) or otherwise, under or in connection with the Agreement for any:
11.1.1 loss or damage;
11.1.2 pledges made on your behalf or by you to charity; or
11.1.3 consequential or indirect loss, regardless of whether the loss or damage:
(a) would arise in the ordinary course of Courses/Tours;
(b) is reasonably foreseeable; or
(c) is in the contemplation of the parties, or otherwise.
11.2 Nothing in this Agreement shall affect our liability for death or personal injury, fraud, or any other liability to the extent it cannot be excluded or limited by law.
12. GENERAL
12.1 The place of jurisdiction is Morges, in Switzerland. These general conditions and other Course/Tour-related services are subject to Swiss law and the parties submit to the exclusive jurisdiction of the Swiss courts.
12.2 If a provision of the agreement is null or unenforceable, in whole or in part, the validity of the rest will not be affected and will remain valid.
12.3 These general conditions do not create, confer or claim to confer any advantage or right enforceable by a person who is not a party.
12.4 The Organizer reserves the right to modify these general conditions and other elements relating to the Course/Tour, at any time. The Organizer will communicate the changes made without unnecessary delay.
12.5 The below release form will be completed and signed by a person having parental authority over the Participant or authorization to represent parental authority, on the first day of the course/Tour, before the effective start of Course/Tour. Non- signature or the refusal of certain clauses will imply the non-acceptance of the Participant.
13. COURSE ALTERATION
You are aware that the Organiser reserves the right to make any amendment to the Course/Tour that they deem
necessary to stage the Course/Tour. Any change to the Course/Tour will be communicated to you at the Course/Tour or sooner if practicable.
14. RESELLING OR TRANSFERRING
14.1 You agree that participation in the Course/Tour is personal to you, and that you are strictly prohibited from swapping, selling or transferring your place in the Course/Tour or allowing any other person to participate in your place. If found to be in breach of this the organiser reserves the right to exclude you from participation in this and future Courses/Tours.
14.2 UNDER NO CIRCUMSTANCES are participants permitted to transfer their entry to another Course/Tour, or another year.
15. ONLINE REGISTRATION
By submitting an online registration and paying a fee for entry into a Course/Tour you understand and agree to abide by the terms and conditions, the instructions given by the Organiser and Course/Tour coaches.
You shall not be eligible or entitled to participate in the Course/Tour until full payment of the entry fee has been received by the Course/Tour Organiser. No payment shall be deemed to have been received until the Course/Tour Organiser has received cleared funds.
PROVISIONS
The Organiser does not seek to dispense with its legal responsibilities in the event of gross and proven negligence and will do everything that can be reasonably undertaken to prevent an accident with severe consequences from occuring. The Organiser confirms that civil liability insurance has been taken out which covers activities linked to training courses/Tours.
By accepting these terms and conditions, the legal representative declares:
I understand and accept that there are certain inherent risks associated with cycling and outdoor activities in general. I am aware that accidents can happen and that injuries are possible. These injuries can be superficial but also serious, leading to irreversible consequences, until death, despite all the safety measures implemented.
I understand and accept that an accident can occur in a place that is difficult to access by the emergency services and / or not covered by the mobile telephone network of the Organizer or its representatives, which can significantly prolong the time and effectiveness of rescue and care and as a result significantly worsen his injuries to reduce his chances of survival.
I confirm that I, the Participant, his family, or any third party will not hold the Organizer, his representatives or the persons engaged by the Organizer responsible for:
a) loss, damage or theft of equipment or personal effects;
b) loss or damage, whether direct or indirect:
- which would occur in the normal course of the Course/Tour;
- are reasonably foreseeable or conceivable
- have been caused, in whole or in part, by:
- non-compliance with usual precautions,
- non-compliance with safety instructions or instructions given by the Organizer or its representatives,
- reckless or inappropriate behavior,
c) injuries (bodily or mental) or death,
to the extent that this cannot be excluded or limited by law. I assume all risks of injury and any other damage likely to occur to the Participant during his participation in the Course/Tour or resulting from his participation in the Course/Tour, whether foreseeable or not.
I confirm that the Participant does not present any contraindication to intense exercise, including in the weather conditions announced, other than those announced during registration and that I have provided all the information in my possession for specific measures concerning the health of the Participant. In the event that the participant’s state of health requires it, I have provided the necessary equipment and instructions to the representatives of the Organizers (e.g. drugs, equipment to fight the sting of a bee to an allergic person, known allergies like penicillin, morphine, etc.).
I understand that I am responsible for supplying my own equipment in proper working condition, regardless of where I obtained it or from whom.
By completing my online registration, I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK BY READING IT.
