General Participation Terms of Silbermayr Consulting AG
1. Type of Event
The purpose of this event is solely to improve driving safety and to become acquainted with the vehicle – not to reach maximum speed. Racing with other participants or similar competitive behaviour is strictly forbidden.
2. Liability Waiver
Participation in events organised by the Silbermayr Consulting AG (hereinafter referred to as the SC) is always at the participant’s own risk. The liability for material damage or personal injury suffered by a participant caused by the SC or SC employees, by other participants or by third parties shall be limited to cases of intent or gross negligence. Every participant shall also only be liable for material damage or personal injury caused by the participant in cases of intent or gross negligence. Every participant declares the express acceptance of this liability waiver upon submission of his/her registration and upon signing a personal declaration on the limitation of liability. This declaration will be submitted to the participant for signature together with the registration form or, at the latest, before the start of the event.
3. General Provisions
The participants must comply with the instructions of the SC employees and of the track operator at all times. Participation in the drivers’ briefings is mandatory for all participants. Participants who do not attend the drivers’ briefing may be barred from participating in the event, without the SC incurring the obligation to refund or reduce the participation fee. The SC assumes no liability for the condition of the racetrack and the associated facilities. The consumption of alcohol, drugs or strong medications will result in the participant being forbidden to drive for the entire day. Every participant must have medical insurance that is also valid at the event venue.
4. Protective Clothing
Protective clothing suitable for racetrack use is recommended at all events! Wearing a helmet, however, is mandatory! If a participant’s clothing does not fulfil these requirements, the SC reserves the right to exclude the participant from the event until such time as the participant can prove s/he has adequate protective clothing. This shall not entitle the participant to claim a refund or reduction of the participation fee!
5. Technical Provisions
The X-Bow must be suitable for race track operation and be in a technically sound and safe condition! If the vehicle is not in a technically sound and safe condition, then the SC reserves the right to exclude the participant from the event. This shall not entitle the participant to claim a refund or reduction of the participation fee!
6. Behaviour Guidelines
As a general rule: every participant must behave in a manner which does not endanger other participants. Walking speed is mandatory in the paddock and pit lane. The SC will make every effort to divide the training sessions into separate driving skill groups (beginner, advanced, expert). This division into groups, however, is based purely on the participants’ own assessment of their driving skills. In the event of an obviously incorrect self-assessment by a participant, the SC reserves the right to transfer a participant to a more appropriate group during the event for safety reasons. Drivers travelling at different speeds may encounter each other during, training; therefore particular caution is necessary. Flag signals must be observed at all times. Stopping on the track for any reason whatsoever is strictly forbidden. If a participant draws negative attention to himself/herself through his/her behaviour, the SC reserves the right to exclude the participant from the event even without a prior warning. This shall not entitle the participant to claim a refund or reduction of the participation fee!
7. Registration and Payment
A participant’s registration shall be considered to be binding when it has been completed online or in writing and has been confirmed by the SC online or in writing. Verbal agreements and commitments are invalid. With this binding registration, the participant agrees to promptly pay the fees associated with participation and any additional services s/he has booked. Payment of the participation fee and the costs for any additional services booked is due four weeks before the start of the event. In certain cases, the SC reserves the right to change the payment deadline to eight weeks before the starting date; where applicable, this will be announced in good time (on the internet, possibly by email or in the form of a circular). If a participant registers after the payment deadline, the participation fee shall be due immediately, and in all cases before the start of the event.
7.1 Payment Methods
Bank transfer: The participant shall promptly transfer the payable participation fee and the costs for any additional services s/he has requested to one of the SC accounts with no further invoice or reminder. If payment is not received in good time, the SC reserves the right to cancel the registration with no further request for payment.
7.2 Cancelation Provisions
Cancellations must always be made in writing (by letter, fax or email) and shall be confirmed by the event organiser in writing. The event organiser is entitled to offset the cancellation fee against any previously paid participation fees. The registrant is entitled to withdraw from the contract at any time. If the registrant withdraws, then the following cancellation fees shall be charged instead of the participation fee: - Prior to 2 weeks before the start of the event: 50% of the participation fee. - In the case of a cancellation within 2 weeks of the start of the event or of a no-show: 100% of the participation fee.
8. Cancelation of the Event
The organiser reserves the right to postpone or to cancel the event completely for good reason at any time. Furthermore, the organiser may cancel the event up to 1 week before the starting date if the requisite number of participants has not been reached. The participant shall receive written notification of the cancellation without delay; the participant shall then have the right to demand a refund of the participation fee or to participate in another, equivalent event, provided that the organiser is able to offer this alternative.
9. Applicable Law
Swiss law shall apply unless mandatory statutory provisions demand the application of other laws. Legal venue: Schaffhausen, Switzerland.
