SHANGHAI CRITERIUM ITT
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This Disclaimer refers to your obligation regarding to your participation in 2019 Tour de France Events in China and all related activities. Please carefully read this Disclaimer, Acknowledgement and assumption of Risks as well as Cycling Regulations (hereinafter referred to as “Tournament Documents”) in their entirety. After you sign this Disclaimer, you will be deemed to have expressly known and fully understood the rights and obligations under the Tournament Documents, have agreed to abide by all terms and conditions under the Tournament Documents, and have agreed to be bound by the Tournament Documents.
1. I myself voluntarily participate in Tour de France Events in China and all related activities (hereinafter referred to as “Tournament”), which include but are not limit to: warm-up exercises; competitive cycling both in pre-match practices and the official Tournaments; gear fitting and display ; medical treatment, demonstrations, other games and activities, use of any equipment, apparatus, facilities and round-trip travelling by planes, cars, vans, buses and other vehicles (hereinafter referred to as “the Ride”). The Ride may be scheduled or unscheduled, mandatory or optional, structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. I confirm that I have the competent capacity of civil capacity and civil liability to participate in the Tournament, or have obtained the consent of my guardian.
2. I hereby confirm that I have fully understood and agreed to abide by all regulations, rules, prescripts, requirements, procedures and measures formulated by the Organizing Committee, the organizer, the co-Organizers, the implementation agency, the event venues provider, all other sponsoring or participating entities, and each of their subsidiaries and co-organizers of the Tournament (hereinafter collectively referred to as “the Organizers”).
3. I hereby confirm that, in order to confirm the suitability of my physical condition with respect to participation in this Tournament, I have had a physical check-up conducted by a national qualified medical institution as suggested by the Organizers and I have self-evaluated based on the physical check-up report and the suggestion of doctors. I confirm that I am physically and mentally fit for the Tournament, and I do NOT have any of the following disease or symptom:
(a). Congenital Heart Disease or Rheumatic Heart Disease
(b). Hypertension or Cerebrovascular Disease
(c). Myocarditis or other heart disease
(d). Coronary Artery Disease or Severe Arrhythmia
(e). High or low Blood Glucose
(f). Other diseases that are NOT fit for cycling events;
And that I have made fully training and necessary preparation for taking part in the Tournament.
4. I have reached the age of 16 and am under 60 years old. I undertake that I have sufficient experience, ability and training to participate and complete the Tournament. I confirm that I am fully aware of the special requirements, risks and unsafe factors (including but not limited to risks of injury or death resulted from the Tournament) arising from and in connection with participation in the Tournament. I have also recognized that the Tournament may be physically demanding.
5. I have carefully evaluated all kinds of risks (including but not limited to the risks mentioned in Acknowledgment and Assumption of Risks) that may occur during the Tournament, the preparation period and the round-trip to and from the Tournament venue. I pledge to assume all the aforementioned risks and confirm that I am willing to accept the consequences caused by such risks. I confirm that I will be solely liable for, and hereby exempt the Organizers from liabilities of, any and all personal injury, partial or permanent disability, death, medical treatments, hospitalization expenses, property damage, theft or property loss of any form resulted from my participation in the Tournament or occurring in the entire duration of my participation in the Tournament (either before, during or after the Tournament). The Organizers shall assume no liability of the aforementioned compensation in any form.
6. If I suffer personal injury before, during or after the Tournament, I agree to accept the temporary, urgent or other medical assistance of all nature (including but not limited to Cardio-pulmonary Resuscitation, Automated External Defibrillator, rapid transit by renting a vehicle or aircraft, transfer, hospitalization, blood transfusion, surgery, and medication) as may be necessary based on my condition provided by the Organizers and their staffs during the Tournament. I agree to bear all expenses associated with and arising from such services and transportation. I agree to publish or allow the Organizers to publish any medical information or records for treatment, referral, payment and any medical information or records for any other necessary purposes.
7. I accept the personal accident insurance provided by the Organizers, and I confirm that I have understood and accepted the terms and conditions of the insurance contract.
8. I undertake to provide the Organizers with my ID card/passport and certificate to verify my personal identity and eligibility to participate the Tournament. I guarantee that the ID card/passport and certificate submitted are true and valid. I agree to bear all responsibility arising from any untrue or invalid information submitted. In such circumstances, the Organizers may refuse to grant eligibility of participation, and the paid entry fee and other related fees will not be refunded.
9. I am aware of and I understand the provisions of the Organizers that the bibs shall not be transferred to any other person. I pledge to enter and complete the Tournament in my own name. I will not transfer my eligibility of participation and the bib obtained after entry to any other person in any form. I shall be liable for any and all consequences resulted from such transfer. I agree that the Organizers have the right to cancel the eligibility of my participation once found such violations, and I agree that the entry fee and other payment paid in advance would not be refunded. If I do not fulfill the obligation to keep custody of my bib or arbitrarily transfer, lend the bib or have other acts or omissions in violation of the previous preceding article, causing the third party to participate in the Tournament or any other activities with the bib, I shall bear any and all legal consequences and liabilities arising therefrom. If the Organizers are required to bear any responsibility for such third party, I agree that the Organizers have the right to claim all compensation against me so as to restitute the Organizers to the state that no loss is suffered by the Organizers.
10. I agree not to deliberately damage, change or mask my bib number before and during the Tournament. I will abide by the dressing code. I agree that the Organizers reserve the rights to cancel my eligibility of participation immediately if I fail to abide by the foregoing requirements , and the entry fee and other payment paid in advance will not be refunded.
11. I undertake to obey the command and instructions of the judges, security staffs and staffs of the Tournament during the Tournament. If I fail to do so, any responsibility and obligation arising therefrom shall be borne by myself. If the Organizers are required to bear any responsibility to the third party for any matter related to my foregoing failure, I agree that the Organizers have the right to claim all compensation against me so as to restitute the Organizers to the state that no loss is suffered by the Organizers.
12. I undertake to withdraw from the Tournament if I do not finish the Tournament before cut-off time, if I have physical discomfort, or face any unexpected incident on the course. I am solely liable for any and all consequences if I insist not to withdraw in such circumstances, and any responsibility and obligation arising therefrom shall be borne by myself. If the Organizers are required to bear any responsibility for the third party due to my failure to withdraw, I agree that the Organizers have the right to claim all compensation upon me and ensure that the Organizers return to the state of no loss suffered.
13. I hereby irrevocably agree to allow the Organizers or any third party authorized by the Organizers to take photographs, film, record and/or obtain and use the Tournament-related names, pictures, sounds, written statements, photographs and/or visual images of mine and/or my family’s freely, as well as to freely use photos, videos, movies, sounds or any other recordings of this event (hereinafter referred to as "the relevant event materials") for advertising, publicity, commercial or any other commercial purpose, marketing campaign or lawful purposes. I further irrevocably grant the Organizers and its successor/transferor and other third parties authorized by the Organizers to use, edit, copy, transmit and distribute permanently, to release, display and/or perform other actions in whole or in part, without payment of royalties or other compensation, and are not subject to time, territory or media restrictions. Except that the law clearly stipulates the rights belong to me, I am aware that the ownership and property rights of the relevant event materials are attributed to the Organizers. I hereby irrevocably waive all rights to review or approve the use of my relevant event materials, and I hereby irrevocably exempt the Organizers and the third party authorized by the Organizers from now on and in the future from all claims including defects, infringements of privacy or publicity, intrusions, misrepresentations, public disclosure of private facts, physical or emotional harm or distress or claims of similar claims or infringement, whether for contract, tort or other reasons for using my relevant event materials worldwide. I represent and warrant that the right to grant and consent to the use of my relevant event materials under this statement will not violate any laws and regulations, contractual agreement, or be in conflict with the rights of any third party or be in violation of any legally binding document.
14. Other supplementary agreements
14-1 The formulation, execution and interpretation of this Disclaimer, and any registration entry or participation related to this Disclaimer, any dispute or claim arising out of this Disclaimer, shall apply to the Law of People's Republic of China (for the purpose of this Disclaimer, do not include the jurisdiction of the Law of the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan Province (excluding the application of the rules of conflict of laws). Disputes arising from this Disclaimer and related events of the Tournament shall be settled through friendly negotiation; if the dispute cannot be settled after 30 natural days’of negotiation, I agree that such disputes shall be under the jurisdiction of People's Municipal Court of Xuhui District in Shanghai and I waive the right to object to such jurisdiction.
14-2 If I am an underage, my legal guardian or legal representative shall sign the Disclaimer on my behalf. The Disclaimer signed by my legal guardian or legal representative has the same legal effect for me. If the identity of my legal guardian or legal representative is challenged or declared invalid, I will abide by this Disclaimer and compensate the exempted party for this Disclaimer, including the Organizers, to the fullest extent permitted by law and in accordance with the terms of this Disclaimer.
14-3 As far as my relationship with the Organizers is concerned, I acknowledge that the content of this Disclaimer takes precedence over any terms or statements that I may have with other parties (other than the Organizers) that may be signed in connection with the event.
14-4 The Organizers reserves (at its own discretion) the rights to dismiss or cancel any participants to participate in the event, at any time to refuse or revoke the admission application, and/or to cancel the participant’s right to participate in the Tournament. If I am dismissed or asked to leave for any reason, I agree to bear all costs incurred for leaving the Tournament in advance (whether for medical reasons, dismissal, personal emergency or other reasons). If my application for admission is rejected or cancelled, I agree that the Organizers are not liable for any cost or loss exceeding the registration fee for me or my family.
14-5 I acknowledge and agree that the Organizers (according to its own judgment) may postpone, reschedule or cancel the event for any reason, including the case that if it is believed that the conditions on the Tournament day are unsafe or unsuitable for the Tournament. If the Tournament is postponed, rescheduled or cancelled for any reason, including but not limited to natural disasters or related factors (including but not limited to storms, floods, rainfall, hail, hurricanes, tornadoes, earthquakes), terrorist acts, fires, potential or actual strikes , labor difficulties, strikes, riots, wars, public disasters, floods, inevitable casualties, government actions (including failure to obtain government approvals, permits, certificates, etc.) , conditions during the Tournament and that on the Tournament day, or any other reasons beyond the Organizers’ control, the Organizers reserve the right NOT to refund my registration fee or any other fees related to the Tournament.
14-6 The Organizers reserves the right to transfer its rights under this Disclaimer to other entities or individuals (“assignees”) at any time, and any such transfer will grant the assignee all rights contained in this Disclaimer. Such rights and protections are consistent with those obtained by the Organizers, other exempted parties and their related parties in this Disclaimer.
14-7 If I have signed this Disclaimer both online and on site, I agree that the version of the statement I signed on site (which may have been revised on the basis of the online version) is equally binding.
14-8 This Disclaimer is effective from the date of signing by me and my legal guardian or legal representative, and is valid during the registration and participation of the Tournament, and the Disclaimer remains true and fully effective for me after the Tournament.
14-9 This Disclaimer is to be interpreted and enforced to the fullest extent permitted by law. If any part of this statement is deemed to be illegal or unenforceable, it shall not affect the enforceability of the other terms, such other terms remain in full force and effect.
15. I further expressly agree that this Disclaimer is intended to be as broad and inclusive as permitted by applicable law, and that any provision of this Disclaimer is considered unenforceable by any court of competent jurisdiction for any reason, (a) The validity, legality and enforceability of the remaining provisions are not affected or impaired in any way. (b)The unenforceable provisions shall be deemed to be modified and substituted by provisions of intent and economic effect close to the unenforceable provisions. This statement shall be deemed to have been modified and replaced accordingly.
16. I acknowledge and agree that I (or my legal guardian or legal representative) have carefully read, understood and agreed to voluntarily sign this Disclaimer and I understand that this is a legally binding statement between me and the Organizers. I hereby acknowledge and agree that from the date of signing this statement, it will be valid and legally binding for me (if I am the legal guardian of the participant) and my spouse, children, other relatives, heirs, executors, representatives and successors. Adult participants must provide all information and personally sign this statement. The statement for minor participants must be signed by a legal guardian.
This Disclaimer has been prepared in both English and Chinese. In the event of any inconsistency, the Chinese version shall prevail.
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1. Participants shall give first priority to safety and enjoy cycling. Participants shall fully cooperate so as to ensure smooth operation of the Tournament (as defined in the Disclaimer).
2. In order to participate the Tournament, participants shall agree and fully understand and undertake to obey the rules, precautions, important notes formulated by Tour de France Events in China (hereinafter referred to as “Event Rules”) before participating in the Tournament.
3. Participants should pay attention to the announcements and mailed materials from Tour de France Events in China and make efforts to obtain the latest information on all events through the official web site, WeChat, Weibo and other media channels.
4. With respect to participants in violation of this document, the Organizers (as defined in the Disclaimer) have the right to execute various penalties such as denying entry of course, cancel eligibility, asking leaving the course and canceling all racing results. Any liabilities and obligations arising from the participants’ violation of this document shall be borne by the participants themselves. If the Organizers suffer any further loss or are required to bear any liabilities for the third party, the Organizers have the right to claim all compensation against participants so as to restitute the Organizers to the state that no loss is suffered by the aforementioned situation.
5. Participants are required to take responsibility for themselves and participate in the Tournament on the premise of full safety management and health management.
6. “The Organizers” under this document refers to the organizing committee, the organizers, co-organizers, executing agency, event venues provider and all other sponsoring and participating entities and each of their subsidiaries and co-organizers.
(1) To the participants for all courses
1. Participants must judge themselves to be in good health and possessing the ability to complete their selected course within the time limit, shall be consistent with the entry requirements which are defined in the Disclaimer and other regulations.
2. Participants agree to comply with the Event Rules.
(2) Bicycle and Equipment Requirements
a. Allowable Bicycle Classes
1. Bicycles must comply with Chinese laws, regulations, rules and regulatory documents (hereinafter referred to as "Chinese law") and be equipped and fully featured for road-cycling.
2. Bicycles shall be free-wheel with gears, both front and rear brakes in perfect working condition, and shall be capable of withstanding the usual intensity of cycling.
b. Handlebar shape
1. Handlebars without a quick brake operation and/or are unfit for controlling on steep roads are prohibited.
2. Handlebars different from the standard equipment and are considered dangerous for travel are prohibited.
1. Helmet, headlight, taillight or light reflector and bell are mandatory. Gloves are recommended.
2. Accessories which are not necessary for the ride and prevent safe riding are prohibited.
(3) Bicycle Inspection and Supervision, Clothing, Accessories
a. Bicycle inspection
1. Participants are responsible for preparing and maintaining their bicycles on the day of the Tournament in accordance with Chinese law, rules and this document.
2. Participants are encouraged to undergo inspections and maintenance of their bicycles in advance at a bicycle shop.
3. Participants are required to submit a self-conducted bicycle inspection report at the reception on the day before the Tournament. On the day of the Tournament before the race starts, the staffs of the Tournament are entitled to conduct visual inspections of bicycles, participants should cooperate unconditionally. If the bicycle is determined by the staff of the Tournament to be inconsistent with the entry requirements, the Organizers reserve the right to disqualify the vehicles as which being judged to be obstructing safe riding.
4. If the Organizers find bicycles with safety problems which do not conform to this document, such as not being properly equipped, having forbidden decorations attached, or not being well-maintained, the rider will not be allowed to participate as the bicycles being judged to be obstructing safe riding.
b. Bicycle supervision, theft and damage
1. The Organizer do NOT take any responsibility for theft, damage, loss, etc. of bicycles.
2. Participants are responsible to properly place, lock and fix their bicycles and to handle with related issues.
1. Participants should wear clothing that is suitable for exercise and is highly visible.
2. Cosplay and doll clothing are not allowed.
3. Participants must wear helmets that meet the requirements of this document while riding and are encouraged to wear gloves to protect themselves from injury in case of a fall.
1. The number on the bib is the registered number of the participant and the Organizers will confirm the identity of the participants based on such number so the participants are required to properly attach the bib to their clothing for all time.
2. Participants who lose or forget to bring their helmets, numbers (with passage check chip), number plate or helmet sticker are not allowed to participate.
3. Participants are in principal required to all bicycle repair, such as flat tire, by themselves. Please carry the necessary tools for repair, such as an air pump and a spare inner tube.
4. Please be prepared for cold and rainy weather conditions, and participants are advisable to fully prepare cold proof clothing, rain coat etc.).
5. Participants should carry their valid ID card, cell phone and money in case of emergency.
6. Participants are advised to bring food and drinks with Electrolyte.
(4) Regarding the Tournament
a. General riding rules
1. Participants must obey Chinese law as well as directions and guidance given by the staffs of the Tournament, police officers, and security staff (hereinafter referred to as “Working Staff”) in each course.
2. Participants must obey all traffic regulations and ride safely. Participants must mind traffic manners and not pose any harm or danger to traffic.
3. If a participant’s riding is judged to be dangerous, or a participant does not obey the instructions given by event staff, they will be given a warning. If their behavior is not changed after warning is given, such participant may be stopped or disqualified for riding and may be asked to leave the course.
4. Participants should check their racing course in advance, such as the route, forks in the road, aid stations, checkpoints, time limit, precautionary matters and so on.
5. Participants involved in an accident or injured or witnessing an accident or injury should notify working staff immediately. If there is no working staff available, participants should contact the event headquarters directly, the emergency contact number of the Tournament is .
b. General rules of road cycling
1. Participants shall ride in a speed and manner that does not cause any harm or hindrance to others in accordance to road and traffic conditions.
2. Participants on each course shall follow after the guiding staff and vehicles.
3. Participants shall ride in accordance with the specified direction.
4. Participants shall maintain a distance from each other to avoid accidents due to sudden braking.
5. Do not undertake dangerous riding, such as unnecessary turns or sudden stops.
6. When passing other participants is unavoidable, participants shall give physical and verbal signals. Participants shall ride safely and make mutual concessions.
7. If event staff decide a participant unable to finish within the time limit or unable to continue riding, they will be picked up in a vehicle. Participants must accept the decision made by event staff.
8. Participants are prohibited to use earphones with the exception of necessary hearing aid equipment.
9. Participants shall turn on their lights during inclement weather, at sunset, and in tunnels.
10. Dangerous riding, such as erratic line changing, cutting in line or unreasonable and dangerous overtaking are prohibited.
11. When riding on curved and other roads with unclear fields of observation, participants shall ride by the right side of the roads.
12. Participants are not allowed to stray from the course. If this is done intentionally, the Organizers reserve the right to cancel their eligibility.
13. Make gestures at the participants for safety when turning left or right.
14. Participants are responsible for looking out and checking for the adjacence of the back bicycles while riding.
15. Family and friends are not allowed to drive parallel to your bicycle because it is dangerous and an obstruction to traffic.
c. Bicycle Breakdown
1. If your bicycle breaks down, move your bicycle off course to a safe place immediately, like the sidewalk before doing repairs.
2. If you cannot fix the problem by yourself, follow directions of the nearest event staff.
3. It is the premise of the participation that participants are able to deal with tire burst and other circumstances..
4. We offer mechanical service at the starting point and end point. If replacement parts are needed, the participant shall pay the expenses accordingly.
1. Checkpoints are set up on the course and end point. Each checkpoint has a closing time, and all participants except for those who exits must pass through before then. The Organizers reserve the right to change the closing time.
2. Participants shall understand the closing times of each checkpoint to manage their riding time and pace.
3. If participants exceed the closing time of next checkpoint on the course, they will be pick up in a vehicle, and shall follow the directions of the event staff in that case.
This document has been prepared in both Chinese and English. In the event of any inconsistency, the Chinese version shall prevail.
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Acknowledgement and Assumption Of Risks
I hereby confirm that I have thoroughly and carefully read and understood the description of the following risk issues. I am fully aware of and completely understand that there may be multiple risks from participating the Tournament as below.
1. Risks in any competitive or athletic activities. Training for, practicing or competing in cycling or other events associated with cycling involves frequent and repetitive use of arms and legs, extreme exhausting of strength and endurance, and pushing the limits of the participant’s speed and strength, bringing huge physical and psychological challenge to the participant.
2. Personal health and participation risks. The risk that a participant’s mental, physical or emotional condition (including any use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, combined with participation in these activities could result in injury, damage, death or other loss. Although Tour de France Events in China has recommended that participants should have medical examination and evaluation and submit true, accurate and complete medical information during the registration process, Tour de France Events in China cannot anticipate or eliminate risks or complications caused by a participant’s mental, physical (including fitness level) or emotional condition.
3. Cycling risks. Cycling risks include the risk of losing control, falling from the bicycle, colliding with objects or people (including co-participants or spectators), tripping, falling down or encountering other road/trail hazards.
4. Risks connected with location. The location of the Tournament (as defined in the Disclaimer) may cause or contribute to delays or difficulties in communication, transportation, evacuation or medical care.
5. Risks present in an outdoor environment. Participants may be subject to: high altitude or mountainous terrain; severe storms or bad weather such as lightning, strong winds, rain, hail, snow and ice; extremely hot or cold weather; extremely bad air quality; stinging, venomous and/or disease carrying animals (including marine life) or insects, pollution and other natural or man-made hazards. Hazards may not be marked, foreseeable, controllable and/or avoidable, and weather is always unpredictable.
6. Risks involved in decision making and conduct. These risks include the risk that staff member, representative, volunteer, contractor or partner of the Organizer (as defined in the Disclaimer) may misjudge a participant’s capabilities, health or physical condition, misjudge some aspects of instruction, medical treatment, weather, terrain, water level, or route location, or that the aforementioned people may not make proper warning to participants (and/or participants’ legal guardian) on the risks arising out of acts or omission of those.
7. Equipment risks. The risk that the equipment used in the Tournament (including helmets and other safety gear, the same below) may be misused, improperly operated, may be damaged, may fall, may not fit for the participant, or may have malfunction which may cause risks with high probability. Participant (and/or the participant’s legal guardian) shall be responsible for choosing appropriate equipment and be held liable for the suitability and condition of the equipment. The Tournament requires use of helmets for biking activities. Helmets or other safety gear may prevent or lessen injuries in some instances. However, use of safety gear is not a guarantee of safety. Injury, loss and death can occur even with the use of such gear.
8. Risks regarding Events management and supervision. I understand that neither the Organizers nor their staff, representatives, volunteers, contractors or anyone associated with them will be supervising participants during the Tournament or at any time. Adult participant agrees that, he/she is solely responsible for his/her own well-being at all times (before, during and after, including any free time and any other time of the Events and other activities); or, if applicable, underage participant’s legal guardian agrees to take sole responsibility for the underage participant’s supervision and health condition before, during and after the Tournament and other activities, including during free time and at all other times.
9. Risks regarding conduct. The potential risks to a participant may arise due to negligence or intentional act by other participants and/or any third party (including spectators).
10. Risks regarding criminal/terrorist activities. The potential risks to a participant may arise due to unethical acts, criminal acts or terrorism activities by any third party.
I hereby confirm that I have thoroughly and carefully read and fully understood the description of above-mentioned risk issues. I am fully aware of and completely understand that there may be multiple risks arising from participating the Tournament and realize these risks mentioned above may result in consequences including personal injury, death, property loss and bearing legal liability. I hereby confirm that I am willing to accept all consequences of risks sustained during participating in the Tournament and before, during or after the Tournament and other related activities. These consequences include but are not limited to falling partway or falling to the ground; being struck; colliding with objects or people; experiencing bicycle or vehicle collision or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems, heat or cold related illnesses or conditions (including hypothermia, cold water immersion, frostbite, hyperthermia, or heat exhaustion/stroke); dehydration; hyponatremia; high altitude sickness; heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sunburn, other burns or other injury, damage, death, property loss or bearing legal responsibilities —— before, during or even after the participant participates in the Events or other activities. I hereby irrevocably waive any and all liabilities and obligations of the Organizers of the Tournament regarding the above risks and their consequences.
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