TERMS AND CONDITIONS AND DISCLAIMER AND PRIVACY

Terms and Conditions –  16th September  2024

 

Parties:

Active Sport Sdn. Bhd.

12-2-2, Jalan Setia Prima Q U13/Q,

Setia Alam, Sek U13, 40170 Shah Alam,

Selangor, MALAYSIA.​

 

And
You, Your, I
The person or party participating, or entering, or obtaining a ticket, or making an application.

 

Definitions:

Application: a nomination for an activity, either paid or unpaid.

Credit: A voucher for prizes, awards, entry, Ticket

Event: A competition, activity, promotion

Fee: The total amount paid in Malaysian Ringgit

Force Majeure: Any act or cause beyond the reasonable control of AS

AS: Active Sport Sdn. Bhd. (The Event Organiser)

Participant (You, I, Your) : The individual or entity participating, or entering, obtaining a ticket, or making an application as an individual, athlete, community person, volunteer, crew member.

Under 18 Years Age: An entry or registration for a person under the age of 18 years completed by a legal guardian or parent who is over the age of 18

Sanction: Endorsement by Malaysian Commissioner of Sports in accordance with their rules and regulations

Rules and Regulations: participation governed by the event rules & regulations.

Terms and Conditions: The conditions that guide and effect the relationship between the participant and AS

Ticket: A ticket for an event, either paid or unpaid

Understanding: The arrangement between You and AS, where AS provides a service, event, sport which the participant agrees to by authorizing the paid fee to proportionately establish, market, build, operate an event.

 

THE PARTICIPANT AGREEMENT

PARTICIPATION

  1. I acknowledge that my participation may result in serious injury or death due to factors such as dehydration, physical stress, personal health issues, equipment failure, accidents with other participants or spectators, road hazards, drowning, injury from racecourses, weather conditions and other unexpected causes.
  2. I understand that I should not participate unless I am adequately prepared ,and my physical and mental condition has been verified by a medical practitioner as being sufficient to endure the expected stresses.
  3. I acknowledge that over 90%of non-traumatic sudden death in competition is related to pre-existing cardiac abnormality, and I will seek medical advice regarding this before participation.
  4. I consent to Active Sport Sdn. Bhd. (AS) in using my name, image and likeness for promotional purposes before, during, or after the event in any media.
  5. I am fully responsible for the security of my personal possessions and valuable sat the Event and agree that AS is not liable for replacement of any lost or stolen items at any time or in any location.

WAIVER

  1. I acknowledge that participating in events may expose me to risks to my well-being, and I accept AS cannot eliminate all  such risks.
  2. I understand that my participation could result in loss of my life or my permanent injury, and I releaseall individuals or entities associated directly or indirectly with the conduct of the Event from all claims demands and proceedings.
  3. I accept that in occurrence of Force Majeure (meaning any act, or cause which is beyond the reasonable control of AS, including any act of God, strike, lock-out, act of public enemy, civil commotion, war, blockade, riot, state of emergency, fire, earthquake, storm, flood, wash-out, explosion, government restraint or any form of government intervention or epidemic or pandemic) AS may cancel the Event or change how the Event is scheduled or delivered and/or change certain elements of the Event, and accept I have no claim against AS for any loss or damage related to such cancellation or changes to the Event including but not limited to any travel, accommodation, training, medical, equipment and apparel costs.
  4. I agree that if a Force Majeure occurs, AS will attempt to deliver the Event but shall be under no obligation to do so.

 

RELEASE & INDEMNIFY

I hereby unconditionally release and discharge Active Sport Sdn. Bhd., and their respective directors, partners, managers, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the Event, the owners, licensees and occupiers of land upon which the Event or any part of it is conducted, any statutory body or local authority having control over any land upon which the Event or any part of the Event is conducted or which is involved directly or indirectly with the Event in any manner whatsoever and promoters, sponsors and Event organizers (each and all of them hereinafter referred to as Released Party), against any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or connected with my participation in this Event.

I hereby understand and agrees to defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death, lost property, stolen property, disposed property, or other loss in any way connected with my enrolment or participation in the activities, including without limitation use of any equipment, facilities or premises, howsoever caused; negligence, whether passive or active, of the Released Parties; and/or losses resulting from the inherent or other risks of the activities. This release and indemnity continues forever and binds my heirs, executors, personal representatives and assigns.

 SAFETY & MEDICAL

  1. I consent to receive all forms of medical treatment and or be transported and or be placed in a medical facility as AS think necessary before, during or after the Event.
  2. I understand that medical treatment provided to me on Event courses and venues maybe limited given the isolated location, limited resources, access and timing. Medical services are not included in the entry fee (except medical service as the first aid and medical service on recovery area) and the participant shall be directly charged therefor in accordance with the usual medical tariffs.
  3. I understand that insurance cover affected for an Event Participant may not cover me for any or all injury, medical costs, loss or damage, or loss of income sustained by me. Medical services are not included in the entry fee (except medical service as the first aid and medical service on recovery area) and the participant shall be directly charged therefor in accordance with the usual medical tariffs. The organizer shall will not provide any insurance coverage for medical treatment and is not obliged to do so. It is within the responsibility of each participant to ensure sufficient insurance coverage for medical treatment. Any liability on the part of the organizer in relation to any insurance coverage for medical treatment shall be excluded.
  4. I accept it is my responsibility in participating the Event to provide or make written communication to AS my medical or physical conditions from which I suffer that might affect my participation or be relevant if I require medical treatment.
  5. I accept the risk of participating despite my medical or physical conditions, and that AS will use its best endeavors to provide medical assistance, but if I am unconscious, AS will rely on my provided information.
  6. I accept the safety precautions undertaken by AS (such as race course design, race course supervision, race safety briefings) are a service to me but are not and should not be construed as a guarantee of safety.
  7. I accept it is my responsibility to anticipate, expect and mitigate risks in the Event by not placing myself in harm’s way.

 

ENTRIES, TICKETS, APPLICATIONS, WITHDRAWALS

 

  1. I agree my Entry or Ticket or Application is not Transferable to any other person or party.
  2. I understand that I will be charged a replacement Fee for failing to return in good condition my timing chip, or any loaned equipment to the Event.
  3. I accept that AS may use my Fee for Event expenses that cannot be stopped despite my Withdrawal.
  4. I agree AS may retain my Fee to cover expenses regardless if the Event is delivered.
  5. I understand that AS may postpone or modify the Event due to any reason and there will not be a Refund of my Fee.
  6. I agree that AS may postpone the Event to a new date and I will automatically Transfer to the new Event date and then these terms and conditions will reapply.
  7. I acknowledge that any Credit I receive cannot at a later point be converted to cash.
  8. I understand that any voucher or prize will expire within 12 months from the date of issuance and cannot be Transferred, nor converted to cash, and must be used for a single transaction.
  9. I accept that if I do not complete the full Event, I am not eligible for a Refund or Transfer or Credit.
  10. Cancellation Or Withdrawal Option –

Applicable only with additional add-on payment

Middle Distance cancellation option fees : MYR 130

Sprint Distance cancellation option fee : MYR 40

  1. Aquathlon and Kids Triathlon registrations are non-refundable

– Withdrawal until 30 April, 2025 : 100% refund of the entry fee
– Withdrawal until 30 May, 2025 : 75% refund of the entry fee
– Withdrawal until 30 June, 2025 : 50% refund of the entry fee
– Withdrawal until 30 July, 2025 : 25% refund of the entry fee
From July 31, 2025 ALL entry fees will no longer be reimbursedrefundable

For Refund  entry fee – Kindly refer to Active.com or  Email us at info@challenge-malaysia.com.my

  1. No refund policy
  2. I accept NO refund or withdrawal policy if I did not purchase the cancellation/withdrawal option

 

PROGRAMMING

  1. I agree to abide by all rules and directions issued by the Peak bodies in the State in which the Event occurs, and or the National Sporting Organisation, and or the National Event organization.
  2. I understand that AS may change the Event format, program, course, duration or other race conditions at their discretion, and this agreement applies to the changed conditions.
  3. I acknowledge that all Events, courses, venues remain subject to final approval conditions of the stakeholders, Police, and Council.
  4. I accept if a minimum number of ten (10) participants do not enter a category, AS may alter the prizes at any time at their own discretion.
  5. I accept that for a Triathlon, if the swim is cancelled, a duathlon will be
  6. I understand that there may be a minimum speed requirement to complete this Event, and that if I do not meet a time requirement, I will not be able to complete my ride/race.

 

CONDUCT

  1. I agree AS reserves the right to accept or not accept the involvement of participants, sponsors, volunteers or other persons or entities in event.
  2. I agree that AS can penalize, withdraw, ban, take legal action against participants and parties that defame, discredit, inflame, agitate, discriminate, threaten, bully, abuse undermine, troll made in whatsoever manner and fashion, directly and/or indirectly towards AS and/or the Event.

 

PERSONAL DATA PROCESSING POLICY

  1. AS agrees to control its use of Participant’s personal information and acknowledges that providing personal information is an act of trust.
  2. AS will only collect personal information for its functions or activities.
  3. AS will only collect personal information by lawful and fair means through its Entries and Applications and use of its web information systems.
  4. AS will normally collect personal information including name, address, age, date of birth, gender, phone, email, emergency contact and medical information.
  5. AS will only share personal information to effectively operate the Event and for insurance purposes and data reporting.
  6. Participant data is stored in the registration platform provided byAS, this data is not used by any third-parties or used for commercial activities. The data is controlled by AS and Challenge Family Holdings BV, who will use the participant data for newsletters, race information and invitation to The Championship (when qualified) and analysis for marketing optimization.
  7. AS will share limited personal information to contracted suppliers when necessary to deliver an Event such as timing of results, production of photography, personalized printing, mailing, insurance.
  8. I consent to photographs and electronic images being taken of me before, during or after the Event by an official representative and agree these are owned by AS.
  9. I agree that the Event organizer is not responsible for photographs and electronic images taken by unauthorised person(s).
  10. I have selected to receive the AS newsletter, marketing and Event updates electronically and I can unsubscribe at any time.
  11. AS may use my personal information in its direct marketing campaigns, communications via various mediums including email, direct mail, phone calls, social media, new media and SMS.
  12. AS will provide systems for Participant’s to ‘opt out’ of marketing campaigns but retains the personal information for communicating Event necessary information.
  13. AS may publish publicly accessible information (start list, finish results, timed results, championship ladders) including a Participant’s names, age.
  14. AS will not provide personal information to sponsors or partners.
  15. AS may compile data for research purpose and include some personal information.
  16. AS shall not sell, rent or trade personal information to or with third parties.
  17. You have the right to ask AS to correct information about you which is inaccurate, incomplete or out of date.
  18. AS will use its best endeavour to protect your personal information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure.

 

NON-PARTICIPANT INFORMATION

AS may collect personal information in some activities for those who are not members, or who are not participants, or who are not our direct customers.

 

CONTACTING Active Sport Sdn. Bhd. (AS)

If  you have any questions or comments about these terms and conditions, disclaimer, or privacy policy, or if  you wish to complain about how we have handled personal information about you, please contact us at e-mail: info@challenge-malaysia.com.my

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