TERMS AND CONDITIONS OF ENROLLMENT AND PARTICIPATION IN A SQUABALL® EVENT
Article 1 – Definitions
The comprehension and simplification of certain terms used in the present document will be predetermined by the following:
- «Terms and Conditions» refers to these General Terms of enrollment and participation in a SQUABALL® event
- «Event»: refers to the event (tournament, championship, training, individual or group classes, team building etc…) in connection to SQUABALL® in which the participant has been enrolled
- «Brand»: refers to the semi-figurative brand SQUABALL®
- «Organizer»: refers to SQUABALL® SPORT Association, a non-profit association governed by its statutes and by articles 60 and following of the Swiss Civil Code, and whose headquarters are located in the canton of Geneva, Switzerland.
- «Participant»: refers to the natural person who registered for the Event organized by the Organizer
- «Rules»: refers to the official rules of SQUABALL®
- «Site»: refers to the website squaball.ch
- «SQUABALL® «: refers to the wooden racket sport whose official rules are available at squaball.ch/rules.
Article 2 – Subject
The purpose of these General Terms is to define the rights and obligations of each of the parties in connection with the enrollment and participation in the Event.
They are accessible at any time from the site and shall prevail, if necessary, on any other version or other document.
It is specified that these general terms may be amended at any time, in particular to adapt them to legislative and regulatory changes, and/or changes made on the site.
Article 3 – Conditions of Enrollment
The Participant stated that she met the following preconditions:
- Be over the age of 18, or have parental permission for participants who are minors
- Be in good health, having no medical contraindication to the practice of Squaball® as a recreational or competitive sport
Article 4 – Participant’s Obligations
The Participant commits:
- To be able to provide, at the request of the Organizer, a medical certificate to establish the absence of contraindication to sports practice, and if necessary, to sports practice in competition;
- To provide complete, accurate, sincere, honest information and to inform the Organizer of any changes;
- To scrupulously respect the rules of Squaball®;
- To only use the official Squaball® rackets and use them in accordance with the rules;
- To dress suitably for sports practice;
- To take care and not damage the material, equipment, and infrastructure made available to him by the Organizer who, in case of damage, can ask the participant to handle the cost of repairing or replacing the damaged material, equipment or infrastructure;
- To respect the specific regulations of the event and in particular the days and times of the event;
- To respect the recommendations, guidelines and/or instructions of the Organizer and teams, including safety instructions;
- To prohibit any behavior that could directly or indirectly damage the reputation and image of the Organizer or Squaball®;
- To prohibit any representation and/or reproduction and/or partial or total exploitation of the name and brand Squaball®;
- To adopt environmentally friendly behavior;
- To prohibit any behavior, words or statements:
-of a defamatory, abusive, slanderous, threatening, harassing nature,
-which are obscene, sexual or pornographic,
-which are violent, inciting hatred or violence, denigrating or discriminating for any reason, including race, ethnicity, religion, disability, gender, age or gender identity,
-which may offend the public’s sensibilities or are contrary to good morals,
-encouraging illegal conduct, including what would be considered a criminal offence,
-encouraging the use, possession and supply of all types of drugs and narcotics, as well as any products that may lead to addiction or dependence, particularly alcohol and tobacco,
-dangerous to the health and safety of other participants,
-and more generally any illegal behavior, comment, or statement.
In the event of the Participant’s failure to comply with any of these obligations, the Organizer may exclude him from the Event without the latter being entitled to reimbursement of registration fees and any compensation.
Article 5 – Anti-Doping
The Participant forbids:
- Possessing or attempting to possess, without proper medical justification, any prohibited substances or methods on the list of substances and methods referred to in the World Anti-Doping Code, or any subsequent international agreement that would have the same purpose and substitute for them.
- Using or attempting to use one or more prohibited substances or methods
Tests may be carried out during the duration of the Event under these conditions and in accordance with the World Anti-Doping Code.
In the event of a positive test, the Participant will be immediately excluded from the Event without the latter being entitled to reimbursement of the registration fee and any compensation.
Article 6 – Insurance
The Participant declares that he or she has an individual accident insurance policy, covering the damage he may suffer or cause during the Event, including as part of Squaball® practice.
Article 7 – Registration fees
In return for his participation in the Event, the Participant agrees to pay the Organizer the registration fee, the amount of which is indicated on the web page dedicated to the Event.
The price is payable in full on the day of registration by the following means of payment:
- By credit card (VISA, MasterCard)
- By bank transfer
- By mail payment slip (for Switzerland)
- In cash (at the ticket office on the day of the event)
Prices may differ depending on the method of payment
Payments made by the Participant will only be considered final after the actual receipt of monies owed.
Article 8 – Duration
Since the Parties do not intend to condition their commitment on a cooling-off period, this Agreement comes into effect from the start of the subscription period.
It is concluded for the duration of the Event as mentioned on the page of the Site dedicated to the Event
Article 9 – Rights of withdrawal
In accordance with current legislation, the Participant does not have the right of withdrawal.
The Contract is therefore concluded definitively as soon as the Participant is registered in accordance with the terms specified in these General Conditions.
Article 10 – Cancellations – Changes
10.1. Cancellations/changes made by the Organizer
The Organizer reserves the right, for whatever reason, to cancel the Event or to change the conditions and the course of it, especially assuming the number of participants in the Event is insufficient.
In the event of cancellations or changes resulting from a case of force majeure (such as bad weather, health reasons related to an epidemic or pandemic, etc.) or an external event beyond the will of the Organizer (such as a request from the competent administrative authority etc.), the Participant will not be entitled to any refund or compensation of any kind.
In other cases, the registration fee will be refunded to the Participant who will not be entitled to any other compensation.
10.2. Cancellation by Participant
All registration is firm and final and cannot be refunded for any reason.
Thus, in the event of cancellation due to the Participant, the latter will not be able to claim any refund, his registration fee will remain permanently acquired from the Organizer.
For certain events, the Participant will have the opportunity to subscribe, in conjunction with her registration to cancellation insurance.
In the event of abandonment of the Participant during the Event, the latter must inform the Organizer and will not be entitled to any refund, his registration fee will remain definitively acquired to the Organizer.
If the Event is cancelled by the Organizer, the Organizer will refund the registration fee to the Participant.
Article 11 – Responsibility
The Participant acknowledges and accepts that his participation in the Event takes place under his sole and total responsibility.
Therefore, the Organizer may not, under any circumstances, be held responsible in case of damage caused or suffered during the Event, including:
- injury caused or sustained during the practice of SQUABALL®.
- theft or loss of personal belongings belonging to the Participant;
In addition, the Organizer cannot, under any circumstances, be incurred, as the Participant renounces, as such, any claim, and/or injunction as well as any action of any kind with regard to the Organizer, in the following cases:
- Cancellation or delay of the Event for any cause;
- Force majeure as defined by applicable legislation;
- The Participant’s non-compliance with the obligations resulting from these Terms and Conditions;
- The Participant’s non-compliance with applicable legislation and regulations;
- And more broadly, any external event, beyond the will of the Organizer
In any case, the Organizer cannot be held responsible for any indirect damage suffered by the Participant that may occur as a result of or during his participation in the Event.
Indirect damages include, without this list being limited, loss of earnings or profits, loss of opportunity, commercial damage, the consequences of complaints or claims by third parties against the Participant.
Article 12 – Image Rights Authorization
The Participant cedes and authorizes the Organizer the right to use and exploit his image and other elements of his personality, by reproduction and/or representation of them, for the following purposes:
- Viewing and setting the Participant’s ranking during the Event and any other event-related rankings;
- Promotion of the Event or any other Event related to SQUABALL®;
- Promotion of SQUABALL®
This operation can be carried out by all modes of exploitation known or unknown to date and on all media, including all material media (posters, flyers, packaging, clothing, derived products etc…) or immaterial media (including website, social networks, email, promotional film etc.), without this list being limited.
This authorization has been issued to the Organizer for the whole world to see and for a period of TEN (10) years. It shall be renewable by tacit renewal for an additional period of ONE (1), unless there is written disclosure of the Participant addressed to the Organizer.
The Organizer may grant this authorisation to any third party of his choice in accordance with the stipulations and purposes previously outlined.
This authorization is granted free of charge and without consideration, the Participant therefore renounces to claim from the Organizer and any third party authorized by him, any remuneration or compensation for the exploitation of his image.
Article 12 – Intellectual Property
The name, the semi-figurative brand and the SQUABALL® logo, as well as the official rules of SQUABALL® are protected by European and international intellectual property laws.
Any full or partial reproduction of these elements and/or distinctive signs is strictly prohibited and is likely to constitute a crime of infringement.
In particular, the Participant prohibits any representation and/or reproduction, partial or total exploitation of the name, brand and SQUABALL® logo as well as the official rules of SQUABALL®.
Article 14 – Protecting Personal Data
The Organizer implements personal data processing that has a legal basis,
That is the organizer’s legitimate interest when pursuing the following goals:
- The organization and management of the Event;
- Managing the relationship with the participants;
- The ranking of participants in the events it organizes;
- The implementation of this Contract;
That is, compliance with legal and regulatory obligations when implementing treatment with the aim of:
- Preventing money laundering and financing terrorism and combating corruption,
The Organizer only keeps the data for the duration necessary for the operations for which it was collected and in accordance with existing regulations.
Persons affected by the treatments implemented also have the right to object at any time, for reasons relating to their particular situation, to the treatment of personal data with the legal basis of legitimate interest, as well as a right of opposition to commercial prospecting.
They also have the right to lodge a claim with the national authority responsible for the protection of personal data.
Article 15 – Other stipulations
15.1. Non-transmission of the Contract
This Agreement is concluded intuitu personae, and therefore cannot be terminated or transferred by the Participant to any individual, in any way or form, without the explicit, prior and written consent of the Organization.
15.2. Force majeure
Parties cannot be held liable if the non-fulfillment or delay in the performance of any of their obligations, as laid out, is the result of a case of force majeure, within the meaning of applicable legislation.
15.3 Invalidity and independence of clauses
The possible cancellation of one or more clauses of these General Terms by a court decision or by mutual agreement between the Parties cannot undermine its other stipulations, which will continue to have their full effect provided that the general economy of the Convention can be safeguarded.
15.4. Related documents
From an express convention, all documents attached to this Agreement are an integral part of it and together with it form an indivisible set in the minds of the Parties.
15.5. Language and applicable law
This is an express agreement between the Parties, and this present contract is governed and subject to Swiss law.
It was originally written in French. In the event that it is translated into one or more languages, only the French text would constitute proof in the event of a dispute.
In the event that a dispute arises as to the validity, interpretation or execution of these Terms and Conditions, the Parties undertake to cooperate diligently and in good faith in finding an amicable solution to their dispute.
This amicable settlement procedure is a mandatory prerequisite for the introduction of legal action between the Parties. Any legal action brought in violation of this clause would be declared inadmissible.
In case of failure to reach an amicable solution, disputes will be referred to the competent courts under the conditions of common law.
Article 16 – Pre-contract information
The Participant acknowledges that prior to his registration to the Event he has been communicated to in a clear and understandable manner, about these Terms and Conditions, and of all other useful information, including the following:
- The essential features of the Event;
- The amount of the registration fee;
- The date or period of the Event;
- Information about the identity of the Organizer;
- Information relating to the right of withdrawal and other important contractual conditions;
- The means of payment accepted