Terms & Conditions
THE OBJECT OF THESE TERMS AND CONDITIONS:
The Alps Divide Ultra is a self-supported, single-stage, ultra-cycling event, taking place in France, Italy and Switzerland between the dates 7th of September 2024 and the 15th of September 2024. Herein referred to as “the Event” whether or not set off in quotations.
THESE TERMS AND CONDITIONS ARE AN AGREEMENT MADE BETWEEN:
SISU Adventures S.A.R.L (referred to as “the Company” whether or not set off in quotations), is a limited company incorporated in France (Registration number 979640562, whose registered office is Chalets du Ponthier, 221 Route de Pralognan, Bozel, 73350, France, and who is organising the Alps Divide Ultra event.
The individual whose name and contact details are specified in the individual’s application for this event will be referred to as “the Rider” whether or not set off in quotations.
ENTRY AND PARTICIPATION:
The Rider hereby agrees to enter and participate in the Event upon and subject to the Terms and Conditions, Rider Agreement and the Event Rules.
For the avoidance of doubt, the Rider shall observe and abide in every respect by the Terms and Conditions, Rider Agreement and the Event Rules and any decision of the Company or the Event Directors (including any decision to prevent the Rider’s further participation in the Event.)
The Event shall be named “Alps Divide Ultra 2024”, “Alps Divide 2024”, “AD2024” or “Alps Divide” or such other name as the company shall notify the Rider. The Rider shall refer to the Event with the titles above at all times.
In consideration of the acceptance of the Rider’s entry to participate in the Event by the Company, the Rider agrees to pay to the Company the Entry Fee. Such Entry Fee shall be paid to the Company within one week after receiving their link to the Njuko registration process (unless otherwise agreed by the Company) via the Njuko Payment Method. Failure to pay the Entry Fee in full within this time frame shall entitle the Company to give your place to another Rider on the waiting list. The Rider should ensure that payment is received in full after any third-party (eg. bank) charges have been subtracted. The Company will not be liable for any such third-party charges.
OBLIGATIONS OF THE RIDER & CONDITIONS OF PARTICIPATION IN THE EVENT:
The Rider will be 18 years of age or older at the start of the Event on the 7th of September 2024.
All statements made in the Rider’s application form or otherwise to the Company are true and accurate, including statements relating to the prior cycling experience of the Rider.
The Rider is in excellent physical condition and knows of no reason, physical or mental, why they could be unable to participate in the Event and engage in the activities comprised to cover long distances, both day and night, for many days. The Rider must be fully aware of the extreme length and difficulty of the Event.
The Rider must be aware that the mountain environment presents dangers on top of those inherent to partaking in cycling events, that may cause serious injury or death.
The Rider must be fully aware that the role of the Company is never to assist the Rider in case of physical, technical or mental problems. The Rider accepts unreservedly and irrevocably all risks of the Event.
The Rider recognises and acknowledges that participating in the Event is a potentially dangerous activity, involving serious risk of harm, including, but not limited to, risks of accident, and serious bodily injury, including death, broken bones, head injuries, trauma, pain, fatigue, dehydration and suffering and property damage.
The Rider is solely responsible for ensuring that their bicycle and equipment are fit for purpose and that they carry the mandatory equipment at all times during the Event. Depending on the expected weather, the Company might make some extra recommendations before the Event starts.
The Rider agrees to follow the Event Director’s mandatory instructions on specific sections of the route contained in the Event Manual. In addition, before the start of the Event, additional instructions may be shared by the Event Directors with Riders, which likewise need to be followed. All Riders must read the final version of the Event Manual issued by the 24th of August 2024.
The Rider acknowledges they are aware of the dangers of cycling on open roads in the presence of traffic and wild animals.
The Rider agrees to ride self-supported and that assistance between Riders is not allowed. Riders registered as a pair are considered as a solo entity, they can share all the resources between them, but external assistance is still not allowed.
It is the responsibility of each Rider to assist any other Rider injured or in danger and to inform the emergency services if necessary.
Riders are requested to wear a cycling helmet. Any Rider not wearing a helmet does so at their own risk.
The Rider agrees to have acquired, before the start of the Event, a capacity for personal autonomy, particularly in mountain environments. Resulting in the Rider being able to manage, without external help, the following: To be able to face extreme climatic conditions. To be able to manage, even when alone, physical and mental problems resulting from fatigue, digestive problems, muscle or joint pain, injuries, etc. To be able to repair any technical equipment problems such as bike mechanicals. To be able to install, alone, a bivvy or tent on any type of ground, or use a survival blanket and know how to take in food and water according to their needs.
The Rider must have suitable insurance, at their own expense, to participate in the Event, especially to cover the needs of rescue or support from any location connected with the Event. The Rider must ensure that the purchased insurance covers at a sufficient level all the possible risks of their participation in the Event in particular in terms of illness, accident and death, and is required to provide a certificate to the Company before the start of the Event.
The Rider should also be aware that, should specialist care be required in the Event of an accident during the Event, the medical facilities in the immediate area may not be sufficient, and a medevac to a medical centre elsewhere may be required. The Riders insurance will need to cover this. In all cases, the Company and Event Directors must be informed immediately.
The Rider shall observe and comply with, in addition to the Terms of Conditions, Rider Agreement and the Event Rules, all relevant laws and any other directions, codes of practice or guidelines imposed by national law or any competent authority applicable to the Event.
The Rider shall provide the Company, before the 7th of August 2024, all the important documents (Rider Agreement, Medical Certificate, Copy of Insurance, Tracker Waiver and tracker deposit if not using their own tracker.
The Rider shall promptly observe and comply with all reasonable instructions, directions or regulations issued by or on behalf of the Company including those relating to the Company, safety and image of the Event.
The Rider acknowledges that all disputes, issues or complaints regarding the Rider’s participation in the Event shall be referred to the Event Director for a decision as soon as possible. For the avoidance of doubt, all determination and decisions of the Event Director shall be final.
The Rider shall ensure that they do not make any defamatory or derogatory statements or take part in any activities which are or might be derogatory or detrimental to the reputation, image or goodwill of the Company, the Event or any Commercial Partner or Sponsor.
The Rider is solely liable for the payment of all costs, fines, penalties or similar charges incurred by any Rider in connection with the participation of the Rider in the Event.
The Rider accepts that safety is the paramount consideration during the Event. The Event is an adventure and not a race.
ACKNOWLEDGMENT OF RISK:
The Rider agrees, with full knowledge of the facts and the possible consequences, to relieve the Company of the tortious or contractual liability for any damage he may suffer as a result of the Event and its organisation. Therefore, the participant waives all recourses against the Company.
In the event of any negligent or wilful act or omission on the part of the person or entity concerned, none of the Company, any Official, Event Directors or any of their respective staff or volunteers, shall be liable to any Rider for death or personal injury, damage to property or other loss or damage of any nature whatsoever suffered by the Rider whether arising from participation in the Event or otherwise. Under no circumstances shall the Company be liable for any actual or alleged indirect loss or consequential loss arising suffered by the Rider including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or any other sort of economic loss.
The Company and Event Directors reserve the right to monitor the participant’s state of fatigue and to impose a compulsory stop, for a length of time at the Event Directors’ discretion if deemed necessary. The Company and Event Directors also reserve the right to disqualify a Rider who shows signs of seriously advanced fatigue or serious injuries. The participant fully accepts the possibility of being taken out of the Event. However, this provision does not mean that the Company or the Event Directors have a role of supervision of the participant, as to their health or their physical and mental capacities.
If using a GPS tracker provided by the Company, the Rider must acknowledge that the GPS tracking device is their responsibility once it is handed over by the Company at the start of the Event. The tracker must be returned to the Company once the Rider has arrived at the finish line. If the Rider has had to scratch from the Event, the Rider must return the tracker to the Company by the 22nd of September 2024, to the following address: Follow My Challenge, 7, Chemin des Araignées 24290 Montignac-Lascaux, France. Please be aware that the tracker is the Rider’s responsibility until it arrives back with the Company, we therefore recommend the Rider uses an insured service and keeps proof of postage.
The Rider will have to sign a Tracker Waiver before the start of the Event to use one of the GPS trackers provided by the Company. The Rider will also need to pay a fully refundable deposit to the Company, which will be returned once the Tracker is returned on time and in full working condition.
Should the Rider fail to return the tracker by the 22nd of September 2024, the Company will charge the Rider, on behalf of Follow My Challenge, a replacement fee of €150. In case of loss or total damage of the tracking device, the Company will charge the Rider, on behalf of Follow My Challenge, a replacement fee of €150.
The Rider acknowledges that the trackers supplied by the Event are for friends and family to follow the Event via an online tracking map, as well as provide proof of the route the Rider followed. They are not for Riders’ safety. If Riders would like to use their own trackers which may have a “satellite SOS button” safety feature, then they can of course do so.
Only Riders who cross the finish line of the Event by 8:00 pm on Sunday the 15th of September 2024 will be given the categorisation of “Official Finisher”.
In the Event of one of the Riders of a pair scratching, the Rider arriving at the finish line completing the route will be classified as an “Assisted Finisher”.
If two solo Riders decide to pair up during the Event, they will both be classed as “Assisted Finishers”.
If Riders do not make the finish line before the official cut-off time, but complete the full route, they will be categorised as “Tour Finisher”.
The Event follows a mandatory route provided by the Company, which passes through one or more checkpoints from the start to the finish line that every Rider must follow.
The Route may also include additional photo checks where every Rider will be required to prove their passage by taking photos with a smartphone so that it is timed stamped.
Locations of checkpoints will be communicated at the latest 1 month before the Event.
In case of dispute that the route was not followed or dysfunction of the tracker, the Rider should keep proof of their travel (receipts etc), take photos and videos etc but most importantly record their ride on their own personal device, so they can provide evidence of their ride to the Company. From this, the Event Director will decide whether to validate the ride or not.
Each checkpoint has a limited time it is open for. Riders failing to reach the checkpoint in the time frame allowed will no longer be able to receive an Official Finisher categorisation. Riders can continue and self-validate using a recognisable photograph at the checkpoint locations and will be categorised as a “Tour Finisher”.
SCRATCHING (WITHDRAWAL FROM THE EVENT):
If the Rider scratches from the Event, they must notify the Event Director or Company by any means.
The Rider will leave the Event on their own and by their own means and at their own cost, in order to return home or any other place.
The Rider, who has accepted the extreme risks of the Event, expressly and irrevocably relieves the Company of any liability and assistance relating to his evacuation and/or repatriation to any place.
In case of injury during the Event, outside assistance in the form of a doctor, mountain rescue, fireman, ambulance, hospital (etc.) is recommended.
CANCELLATION AND REFUND:
All requests for a cancellation or refund must be sent by e-mail to firstname.lastname@example.org.
Refunds, as listed below, will be paid within a maximum period of one (1) month following the request.
The Rider may not, in any case, sell or transfer free of charge to a third party their cap number.
Cancellation before 1st of March 2024: cancellation is possible without a particular reason. The Rider receives a 75% refund.
Cancellation before the 1st of May 2024: cancellation is possible without a particular reason. The Rider receives a 50% refund.
Cancellation before the 1st of July 2024: cancellation is possible without a particular reason. The Rider receives a 25% refund.
Cancellation after the 1st July 2024 midnight: cancellation after this date will not result in a refund.
CANCELLATION OR MODIFICATION OF THE EVENT:
Any cancellation, whatever the reason and even in case of force majeure, will not be refunded by the Company, given the difficulty of organising the Event.
The Company can cancel the Event or change the date of the start and must do it at least 2 weeks before the start date.
The Rider unreservedly and irrevocably accepts this right for the Company to cancel or change the date of the Event so that their registration has been made with full knowledge of the facts.
The participant waives on any pursuit based on the liability of the organiser in the eventuality of the cancellation of the Event or modification of its date, therefore no compensation amount can be distributed.
In case of force majeure the Company has the right to stop the current Event or to modify the Event route. In case of a date modification, including for weather reasons, the entry fee will not be refunded if the Rider decides not to participate in the Event. The Company shall not be held liable or deemed to be in default under these Terms and Conditions for any failure to perform its obligations if such failure results directly or indirectly from circumstances beyond the Company’s reasonable control. A force majeure includes but is not limited to strikes, lockouts, civil warfare, flood or fire damage, environmental calamity, inclement weather, legal enactment, governmental order, regulatory enactments and/or orders, imposition of sanctions by a country against the territory where any part of the Event is to hold that adversely affects the staging of the Event, any action taken by a governmental or public authority of any kind (including not granting a consent, exemption, approval or clearance), epidemic and disease, civil strife, terrorism (threatened or actual), and war.
The Company reserves the right to modify at any time the Event route and the location of the checkpoints.
IMAGE AND MEDIA RIGHTS:
By entering the Event, each Rider grants an exclusive, absolute, and irrevocable worldwide assignment in perpetuity if they appear in any photographs/film/video/electronic representations and/or sound recordings of the participant obtained at the Event and grants to the Company the right to use and publish such content in any media. The Rider hereby releases the Company from any liability from such use and promotion. The Rider hereby authorises the reproduction, sale, copyright, exhibit, broadcast, electronic storage, and/or distribution of said photographs/film/video tapes/electronic representations and/or sound recordings without limitation at the discretion of the Company. The Rider specifically waives any right to any compensation they may have for appearing in any of the photographs/film/video/electronic representations and/or sound recordings of the Rider at the Event.
The Rider acknowledges the importance of cooperating with the media to obtain maximum coverage and exposure for the benefit of the Event and agrees to cooperate with all reasonable requests of such nature by the Company.
RIGHTS OF EXPLOITATION OF THE EVENT:
The Rider acknowledges that the Company will be seeking to maximise the income from the exploitation of the Commercial Rights for the Event by entering into several agreements and arrangements with Commercial Partners.
The Company is the owner of the exploitation rights of the Event. Any photography or videography of the Event is therefore the exclusive property of the Company. Any communication about the Event or the use of the Event in any form and under any medium whatsoever must be done in accordance with the name of the Event and with the agreement of the Event Directors. Any commercial use of the name and/or images of the Event can only be carried out according to a written contract with the Company.
In consideration of the acceptance of the Rider’s entry to participate in the Event by the Company, the Rider hereby acknowledges and agrees that all Intellectual Property Rights arising from and about the Event including its name, logotype, format and films and photographs of the Event shall be exclusively vested in the Company.
The Rider further acknowledges and agrees that they shall not obtain any right in the Intellectual Property Rights arising from or about the Event by virtue of its entry or otherwise, and they will do nothing to damage the Company’s rights.
CHANGES TO THE TERMS AND CONDITIONS:
The Rider recognises that given the nature of the Event, issues may arise concerning the Event that were not foreseen and therefore are not specifically addressed in the Terms and Conditions, Rider Agreement and the Event Rules or that would have an unintended result if made subject to the Terms and Conditions, Rider Agreement and the Event Rules without modification. The Rider further recognises that it is in the best interests of the Event, and of all the Riders in the Event, that such issues be addressed as quickly and effectively as possible.
The Rider agrees that the Company shall have the right, before and/or during the Event Period, to supplement or amend the Terms and Conditions, Rider Agreement and the Event Rules and to resolve any queries that arise in relation to the proper interpretation and application of the Terms and Conditions, Rider Agreement and the Event Rules.
The Rider agrees that any amended and supplemental Terms and Conditions, Rider Agreement and the Event Rules shall become binding upon the Rider immediately upon communication to them. The Rider agrees that these amendments shall be deemed to be included in the Terms and Conditions, Rider Agreement and the Event Rules (as applicable) for the purposes of this Agreement.
Decisions made according to this clause to amend or supplement the Terms of Entry or Event Rules or to issue directions shall be final. Any such decisions or directions shall be posted on the Event website and communicated to the Rider via email. If the Company decides whilst the Event is in progress, it shall use all reasonable endeavours to communicate this to the Rider as soon as practicable following the issue of the decision/direction. No challenge shall be made by the Rider to any such decision.
For the avoidance of doubt: any defined words contained in this Terms and Conditions shall have the same meaning and interpretation in the Rider Agreement, Event Manual and Event Rules.
The Event Manual (including the Event Rules) may be amended and updated from time to time and it is the right of the Company to do this. All amendments and updates will be displayed on the website www.alpsdivide.com and it shall be the responsibility of Riders to regularly check the website to inform themselves of any relevant amendments and updates.
This Agreement shall be governed by and construed in accordance with French law and the parties hereby submit to the non-exclusive jurisdiction of the Courts of France concerning any claims relating to or in connection with this Agreement.
Any dispute arising connected to the Event will be submitted exclusively to the Court of Arbitration for Sport (CAS) located in Lausanne, Switzerland and finally decided by the Sport Arbitration Code.