General terms and conditions of participation in connection with the Special Olympics World Games Berlin 2023
Special Olympics Deutschland e.V. (hereafter “SOD”) and Special Olympics World Games Berlin 2023 Organizing Committee gGmbH (hereafter “LOC”) have the honour to organize and host the Special Olympics World Games Berlin 2023, which shall be an unforgettable experience for all participants.
The following general terms and conditions for participation (hereafter “Conditions”) intend to inform you and set the legal framework for the contractual relationship between us, Special Olympics International ("SOI"), SOD, LOC and you, participating as a part of a delegation (particularly as a trainer / coach), athlete, or in a different role that requires your registration with us (hereafter “you” or “Participant”) for your participation in the Special Olympics World Games Berlin 2023 (hereafter “Games”).
With your application at the Games, you express your agreement with the content of the Conditions
1. Your Registration and Assignment
1.1
You have been assigned a delegation quota to participate in the Games. By registering via the official online registration portal, you accept these Conditions as legally binding, both for your registration and participation in the Games.
1.2
By registering, you confirm that all information provided by you is true, accurate, current, and complete and that all permits, consents, authorizations, and licenses specified in your registration form are available to you (e.g., as the case may be, valid residence title in Germany, driver's license, referee license, trainer license, etc.). You, in particular agree to seek the authorisation of individuals, where needed under applicable law and provide any proof of authorisation to Special Olympics upon request, particularly any release form.
1.3
Should you compile a registration on behalf of (an)other person(s), you must ensure and confirm that you have all necessary rights and that you have been entitled with all necessary permits to advocate and fulfil such registration on behalf of this (these) other person(s). If you make a registration for (an)other person(s) without such necessary rights, you will indemnify and hold harmless SOI and LOC/SOD for all damages and claims occurred vis-à-vis SOI and/or LOC/SOD as a result of this registration.
1.4
You are aware that SOI and/or LOC/SOD will, as part of your application and participation, collect and process your personalized data and may have to carry out background checks on persons registering for participation in the Games in order to comply with legal requirement and/or orders by authorities. SOIand LOC/SOD reserve the right to request further proof of reliability (e.g., certificate of good conduct). Further information on how your personal data is processed can be obtained in our Privacy Notice, available at the website of the Games. You will ensure that if you make a registration for (an) another person (s), that these persons(s) are made aware of the Privacy Policy prior to the processing of their personal data. This should be SOI and/or LOC. SOI owns the data, but the LOC is collecting this data also concurrent to SOI.
1.5
An athlete and Unified partner must be at least 15 years old at the time of competition to be eligible to participate in World Games sports competition. The exceptions for the age requirement are gymnastics (12 years of age) and judo (16 years of age). Please note that the cut-off date for the above age groups is the date of the Opening Ceremony: 17 June 2023.
1.6
If your Delegation or a member of your delegation needs to cancel or withdraw your registration, you will need to notify SOI and LOC in text form (e.g., by email) as soon as possible. Please bear in mind that it is crucial for us and the whole success of the Games to be able to rely on the number of participants in your Delegation to be able to provide you with the best possible support and services. Therefore, we urge you to only cancel your registration in case of an important reason.This section does not make sense. It is not each paricipant that do anything about withdrawing, This is orgnized by the SO Program.
1.7
Registration Process for the Games will be possible from October 2022via the official registration portal. From the moment of the invoicing 100% for the additional staff will be due and no more refunds will be made in case of cancellation of registration.
2. General Participation Rules in the Games
2.1
During your participation in the Games, you must follow the rules and regulations communicated to you by SOI and/or LOC/SOD. In particular, it is important to inform SOI and/or LOC/SOD as soon as possible if you are unable to fulfil an assigned task in terms of time, content or physical condition.
2.2
Unless agreed in advance and in writing with SOI and/or LOC/SOD, you bear your own costs and expenses in regard to activities outside of the official Special Olympics World Games Berlin 2023 programs.
2.3
It is strictly prohibited to you during Games time and while representing the Games, to consume, carry or be under the influence of drugs (including alcohol). At no time (before, during and/or after the Games) will discriminations or other aggressions, be it in word (including social media) or through direct or indirect behavior (including carrying weapons or other dangerous objects) be tolerated. Non-compliance with these provisions will result in instant dismissal from the Games with no refund. Furthermore, SOI and/or LOC/SOD will not be responsible for any legal or financial consequences resulting here from.
2.4
SOI and LOC/SOD will put in place extensive regulations in regard to hygiene and health procedures. These regulations will be aligned with local authorities and must be followed by Participants at any time and under any circumstances by all volunteers, and all members of the delegations.
2.5
You are strictly prohibited to offer, accept or demand bribes (e.g., benefits, gifts, hospitality, etc.) of any kind, insofar these are intended to influence your actions as a Participant in the Games and/or exceeding the scope of reasonable and appropriate expenditure. Expenditures shall be deemed unreasonable or inappropriate if they exceed a value of EUR 35 per year. Should you become aware of such activities, you are obligated to immediately report them to SOI and/or LOC/SOD.
3. No employment relationship
3.1
You are aware that these Conditions as well as your contribution to SOI and LOC/SOD before, during and after the Games are not intended to establish an employment relationship now or at a later stage. You are, therefore, at no time an employee of SOI and/or LOC/SOD and will not be considered as such.
3.2
You are not entitled to any remuneration, compensation or salary before, during or after your participation in the Games.
4. Confidentiality, Media and Communications
4.1
You agree to maintain secrecy and confidentiality in regard to all confidential information you have access to within the scope of your participation in the Games. Confidential information include non-public information that is designated “confidential” or that a reasonable person should understand to be confidential. Confidential information does not include information that (a) becomes publicly available without a breach of these Conditions, (b) is received lawfully from another source without an obligation of confidentiality, or (c) is independently developed. You will treat all such confidential information with utmost discretion and, in particular, will not post this information on social networks, on remote cloud storage and/or similar web services, or share this information with any third-parties unless permitted by SOI and/or LOC/SOD. This obligation for confidentiality also applies in regard to pictures taken from individuals from which you do not have obtained consent to publish. This obligation to secrecy and confidentiality continues to apply after the end of your participation in the Games.
4.2
You are not authorized in your role as a Participant in the Games to speak in a non-sport-related context to media e.g., broadcasters, press, or social media. If you communicate with the media in a non-sport-related context without authorization or make inappropriate comments about SOI and/or LOC/SOD or the Games, SOI and/or LOC/SOD may immediately exclude you from your registration and/or terminate your participation in the Games by unilateral declaration.
4.3
You will not use or damage the reputation of any (word) trademarks or logos associated with the Games or SOI and/or LOC/SOD or those that may give rise to a likelihood of confusion with these trademarks.
4.4
SOI and/or LOC/SOD as well as licensees and/or relevant rights holders (e.g. broadcasters, TV stations, etc.) may take video or photo recordings on which you are identifiable, during and also after the Games, particularly for the purpose of the Special Olympics inclusion movement. You agree that you will not assert any claim for use, sale or exploitation of your respective rights for any reason. Further information on how personal data is treated in this respect can be obtained in our Privacy Policy as well as in our Film and Photo Rights Declaration.
5. Liability and Insurance
5.1
It is recommended to every participant to take out an accident insurance. This is a voluntary additional insurance.
5.2
SOI and/or LOC/SOD are liable only for material damages that have been caused by gross negligence or intention by SOI and/or LOC/SOD (including its legal representatives and adjutants) or for damages, that are caused by culpable breach of material obligations. Material obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you regularly rely. Should a material obligation be breached by simple or slight negligence, then SOI’s and/or LOC/SOD’s liability shall, however, be capped to typical contractual foreseeable damages. Liabilities in case of culpable damage to life, body or healthy are exempt from these regulations and will be handled according to the legal regulations.
5.3
SOI and/or LOC/SOD are only liable for the loss and/or theft of object in case the loss or theft in question has been caused by intentional or grossly negligent violation of obligations by SOI and/or LOC/SOD (including its legal representatives and adjutants).
5.4
SOI and LOC/SOD shall be entitled to seek full recovery of any damages arising directly or indirectly from your conduct, acts or omissions in the course of your duties and activities as a Participant in the Games. In particular, you indemnify SOI and LOC/SOD from all claims, costs, demands, damages, losses, penalties and liabilities (including reasonable legal fees) that may arise from (a) claims by third parties for compensation for damage to property or persons caused by your actions in connection with your participation in the Games, unless the damages in question are covered by SOD’s and LOC/SOD’s liability insurance; and (b) any violations by you of any provisions of these Conditions.
5.5
SOI and LOC/SOD will provide adequate insurance coverage to cover damages caused by an accident during your participation in the Games. However, you are not entitled to any specific insurance or coverage claim from SOI and/or LOC/SOD in relation to your participation. Insurance coverage does usually not apply if, among other things, you cause damage intentionally or through gross negligence. Especially in such a case, you can be held personally liable.
5.6
You will notify SOI and/or LOC/SOD immediately of any damage caused by you in connection with your participation in the Games.
6. Term and Termination
6.1
These Conditions apply to your registration, your assignmentand your participation regarding the Games in which you participate, including preparation and training sessions. Their validity ends with the termination of your participation, unless these Conditions stipulate that a provision continues to be valid after the Games.
6.2
SOI, LOC/SOD, and you may terminate your participation in the Games in text form (e.g. by e-mail) at any time with immediate effect. As a result of the termination, you will return to SOI and/or LOC/SOD all documents and/or equipment and/or items received in connection (i.e. before during and after) with your participation in the Games.
7. Miscellaneous
7.1
If any of the provisions of these Conditions shall be determined to be invalid, unlawful or unenforceable to any extent, such provision shall, to that extent, be severed from the remaining provision which shall continue to be valid to the fullest extent permitted by law. The invalid provision shall be replaced by any valid provision(s) which best reflects the initial purpose of the invalid provision.
7.2
SOI and/or LOC/SOD may change these Conditions at any time; but will notify you of any changes by email at your designated address.
7.3
These Conditions shall be governed by and interpreted in accordance with the laws of Germany. Any disputes between the Parties arising under or relating to these Conditions shall be settled exclusively by the competent courts in Berlin, Germany.