Terms and conditions – Gay Games VIII Cologne 2010

By agreeing to the following Terms and Conditions, you also automatically acknowledge that you understand and agree to comply with the specific policies related to your activity, the use of this web site or any other specific conditions you may have declared through the registration process.

The policy documents to which you agree by your registration to participate in any event or role in the Gay Games VIII in Cologne 2010 can be consulted at the links below:

Anti-Doping Policy [1]
Code of Conduct [2]
Gender Identity Policy [3]
Pregnancy and Pre-Existing Medical Conditions Policy [4]

The Gay Games VIII in Cologne 2010 are organized by games cologne gGmbH, a non-profit association registered in Cologne, Germany.

1.    Terms and conditions

1.1    I agree to abide by the rules and regulations of the Gay Games VIII events as determined by games cologne gGmbH and governing bodies for sport and cultural events including all written and verbal instructions which may be given by Gay Games VIII designated officials and event managers.

1.2    I accept that decisions of games cologneand Gay Games VIII judges and tournament officials are final.

1.3    games cologne gGmbH reserves the right to have officially designated officials reclassify sports and cultural participants where the registrant has self-selected a grade, level, category, division or other classification. games cologne gGmbH reserves the right to combine or eliminate grades, levels, rounds, event lengths, categories, divisions, or other classifications if it deems necessary at its complete and sole discretion.

1.4    Events for the Gay Games VIII in Cologne may proceed in all weather conditions provided that games cologne gGmbH and event officials determine, at their sole discretion, that it is safe to do so.

1.5    A refund of registration fees is not possible. games cologne gGmbH reserves the right to cancel events due to unfavourable weather conditions, the arbiter of which shall be games cologne gGmbH. games cologne gGmbH may decide, in its absolute discretion, to provide a refund of Participation Fees.

1.6    games cologne gGmbH may change venues, competition days and schedules of events at its absolute discretion.

1.7    games cologne gGmbH may cancel events. games cologne gGmbH may decide, at its absolute discretion, to provide a refund of Participation Fees.

1.8    I accept that some venues and facilities used by the games cologne gGmbH may impose conditions of entry and other restrictions, and I will accept and abide by any such conditions or restrictions.

1.9    I declare that I am in a physically fit and healthy state required for participation in events of the games cologne gGmbH for which I am registering, and that I am not aware of any serious medical condition that would prevent me participating in these physical activities. (For clarification, it is agreed that having been diagnosed as HIV positive is not considered a "serious medical condition" for the purposes of this clause).

1.10    I agree not to act in a way that would compete with or devalue the games cologne gGmbH andsport clubs sponsors' rights regarding branding potential, logo rights, exclusive presence, etc. at venues where events are being staged. If at any time during the event, officials designated by games cologne gGmbH determine, at their sole discretion, that my actions may result in the devaluation of said sponsor rights or competes with the event sponsors, I will be required to immediately cease such action, including the removal of any uniforms, signs or other items that compete with sponsor or potentially devalues such sponsorship.

1.11    I agree not to make any unauthorised use of the Gay Games VIII logo or trade marks or any variation on these, on personal or team uniforms/clothing, merchandise, or promotional material and to abide by games cologne gGmbH’s policies governing use of logos and trade names.

1.12    If I sustain an injury or illness while participating in any role in the Gay Games VIII in Cologne 2010, I hereby authorise any medical or health personnel to perform and administer first aid medical treatment as deemed necessary and to seek more specialised medical attention at hospitals and health care institutions if deemed necessary by any first aid and medical staff or contractors of games cologne gGmbH.

1.13    I agree that I have hereby been advised to acquire adequate personal accident and health care insurance as a participant in any role, registrant of Gay Games VIII Cologne 2010. I accept that it is my responsibility to organise my own travel insurance and personal accident insurance to cover myself and my property for the whole period of the Gay Games VIII in Cologne 2010.

1.14    games cologne gGmbHwill, at its complete and sole discretion, present ribbons, non-precious metal medals (gold-, silver- and bronze coloured) or other awards to the first, second and third place winners, respectively, as described in the competition rules for each sport and cultural event where medals or awards are awarded. The collapsing of levels, grades and divisions or age groups on a limited number of competitors may, in the complete and sole discretion of games cologne gGmbH, affect or reduce the number of medals or awards awarded.

1.15 I understand that as part of the Registration and Accreditation process of the Gay Games VIII Cologne 2010, personal information is being collected by games cologne gGmbH.
I consent to the collection, use and disclosure of my personal information for the purpose of enabling my participation in the sports and cultural programme of the Gay Games VIII Cologne 2010; and for the purpose of receiving information related to my participation in this event from games cologne gGmbH in the form of electronic newsletters, promotional flyers and other communication media.
In exceptional cases, for example when the safety of a participent is in danger, games cologne is allowed to carry out a registration with an alias.

1.16    I give my consent to games cologne gGmbH to disclose my personal information to third parties involved in the organisation of the Gay Games VIII Cologne 2010 for the purposes of promoting future Gay Games.

1.17    I understand that personal medical information and information regarding my health status will not be disclosed to third parties, except for information I voluntarily provide for the implementation of the Gay GamesVAnti Doping Performance Enhancing Drugs Policy, and then only to parties authorized to receive this confidential information.

1.18    I agree that failure to comply with the official instructions, rules and regulations of games cologne gGmbH or governing bodies for sports and culture events may result in immediate disqualification for events or from the games.

1.19    These Terms and Conditions shall be governed by the laws of Germany, and actions arising hereunder or relating hereto shall be brought in a court of competent jurisdiction in the city of Cologne, Germany.

2. Disclaimer of liability - limitation of liability

2.1 games cologne gGmbH is not liable to compensate participants or to refund the entry fee to participants if it is entitled due to Acts of God or due to official orders to change the scheduled program or to cancel it due to official orders or for safety considerations.

2.2 games cologne gGmbH is not liable for property and financial damages that are caused by negligence or gross negligence. The liability for personal damages that are negligent but not grossly negligent shall be limited in terms of the amount to the standard commercial liability insurance policy taken out by games cologne gGmbH. The amount insured currently amounts to a blanket sum of EUR 5.000.000 (five million EURO) for personal damages and/or property and financial damages.
games cologne gGmbH shall not be liable - except if guilty of intent - for atypical and unpredictable subsequent damages.
The preceding limits of liability also apply to the liability for personal damages for employees, representatives, vicarious agents and third parties who assist games cologne gGmbH in connection with the realization of the event or who are bound by contract to them for this purpose.

2.3 The above disclaimer of liability and limitation of liability applies to any sporting or cultural event or any celebration in accordance with para 1.1 of these Terms and Conditions.

2.4    The contents of these terms of participation are occasionally amended. Changes, which games cologne gGmbH announces on the internet or in writing, shall become a part of the contract without further ado.

3. Authorisation and release

In consideration of the acceptance of my registration to participate in any role in Gay Games VIII Cologne 2010, I hereby grant to games cologne gGmbH and their respective subsidiaries, affiliates, successors, assigns as well as to such other persons as they may designate from time to time (collectively the "Authorised Parties"), the following perpetual, worldwide and irrevocable authorisations and releases in connection with my participation in and presence at the Gay Games VIII Cologne 2010 (including but not limited to any performance that I may give, whether athletic or artistic).

4. General authorisation and release for all participants

4.1    The Authorised Parties shall have the absolute right and permission(but not the obligation) to use in perpetuity, my name, likeness, voice and biographical and photographic material (including still or moving image(s) of me, either alone or accompanied by other persons or material), in any manner and in any media without restriction as to number of uses, throughout the world, for the purpose of promoting, publicising, advertising and exploiting the Gay Games VIII Cologne 2010, future Gay Games or similar events and the respective activities of the Authorised Parties. This shall include any archiving, exhibition, results publication, communication to the public and distribution in any market by any means of telecommunication or distribution whatsoever, now known or later discovered and namely without limitation any exhibition, communication and distribution by means of Internet, motion pictures, photographs, radio, television, video discs, tapes and cassettes, DVDs or any print media.

4.2    I hereby acknowledge that Authorised Parties can proceed at their sole and complete discretion with any use of my name, likeness, voice and biographical and photographic material without giving me prior notice or receiving my approval.

4.3    I expressly release the Authorised Parties and their respective agents, employees, independent contractors and/or other representatives, successors and assigns from and against any and all claims for invasion of privacy, rights of publicity, defamation or any other cause of action arising out of Authorised Parties' use of my name, likeness, voice and biographical and photographic material for the purposes described in the present General Authorisation and Release for All Participants, including without limitation what I might deem to be a misrepresentation of me, my character or my person, whether or not due to any distortion, optical illusion or faulty reproduction which may occur.

5. Authorisation in respect of artistic performance(s)

5.1    Without limiting the generality of the above General Authorisation and Release for All Participants, in respect of any Artistic Performance I may give at, or in connection with the Gay Games VIII Cologne 2010, I also grant Authorised Parties the following perpetual and exclusive worldwide rights and waiver:

to record or otherwise reproduce and archive by any means and in any support whatsoever, now known or later discovered, all or any part of my Artistic Performance;
to exhibit, communicate to the public and distribute in any market my Artistic Performance or any part thereof by any means of telecommunication or distribution whatsoever, now known or later discovered; this includes without limitation any exhibition, communication and distribution by means of Internet, motion pictures, photographs, radio, television, video discs, tapes and cassettes, DVDs or any print media;
to cut, edit, add to, subtract from, arrange, rearrange, shorten and revise my Artistic Performance in any manner as Authorised Parties may determine in their sole and complete discretion;
to use my Artistic Performance in connection with the advertising and promotion of the Gay Games VIII Cologne 2010, future Gay Games or similar events and of the respective activities of the Authorised Parties;
to assign and license others to so do; and
I hereby irrevocably and unconditionally waive in perpetuity in respect of my Artistic Performance the benefits of any provision of law or treaty known as moral rights whether now in force or later arising, and I hereby agree as a separate and independent undertaking not to institute, support, maintain, pursue or permit any action, lawsuit or legal proceedings in any part of the world on the ground that any of the subject matter of the rights granted herein in any way constitutes an infringement of any moral rights I may have or contains unauthorised variations, alterations, adaptations, modifications, changes or derogatory treatment of my Artistic Performance. "Artistic Performance" shall include artistic performances of any kind and nature and shall not be limited to musical, instrumental, speaking, presentation, vocal or singing performances or other sound effects produced by me as well as any dance or theatrical performances.

5.2    Without limiting the generality of all authorisations given above, I hereby specifically consent to the use by the Authorised Parties, of my name, likeness, voice and biographical and photographic material in connection with my Artistic Performance at the Gay Games VIII Cologne 2010 for the purpose of promoting, publicising, advertising and exploiting the Gay Games VIII Cologne 2010, future Gay Games or similar events and the respective activities of the Authorised Parties.

6. Legal Effect and Governing Law

6.1    This Authorisation, Release and Waiver shall be governed and construed in accordance with the laws of Germany. The Parties agree to the exclusive jurisdiction of the courts of the city of Cologne, Germany.

6.2    These Terms and Conditions:

1.    are governed by the legislative requirements of Germany;
2.    represent the entire agreement between games cologne gGmbH and me in respect of its subject matter; and
3.    do not exclude or derogate from terms implied by law which cannot be excluded, however any Conditions which contravene the law of the relevant jurisdiction under which any legal action is legitimately taken are severable and do not invalidate the remaining Conditions.

6.3    These Authorisations, Waivers and Releases are granted free of charge for all uses and exploitations provided herein. I warrant and represent that I, along with my heirs, successors and assigns, will be bound by and adhere to their terms.