TERMS AND CONDITIONS
This document sets out the terms and conditions of your participation in the MELAKA MARATHON 2021 (#MELAKATHON2021) (the “Run”) organized by Dynacorp Alliance (M) Sdn Bhd (“Activenation.Asia”) with the support of State Government of Melaka (“Melaka”) or its agents during the Run and your liability in connection with the Run. References in this document to “you” or “your” are references to the person as details are registered.
This document shall be governed by the laws of Malaysia and you and Melaka and Activenation.Asia submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising under or in connection with the Run.
Declaration
Upon signing up, you declare:
- That you have fully read, understood, acknowledge, and will fully comply with and agree with the attached Terms and Conditions of the Run marked as Annex A and the Disclaimer of Liability below; and
- That you will fully comply with any and all instructions of Melaka and Activenation.Asia, its agents or representatives issued from time to time.
- In providing any information, personal or otherwise, to participate in the Run it is deemed that you have given express permission to Melaka and Activenation.Asia and its agents to use such personal information for marketing, statistical and planning purposes.
Disclaimer of Liability
To the fullest extent permitted by law, you hereby:
- Waive any rights to commence any proceedings whatsoever against Melaka and Activenation.Asia, its officials, staff, employees, directors, representatives and the associations and/or companies which control, which are controlled by and which are associated with Melaka and Activenation.Asia and/or any representatives or agents of Melaka and Activenation.Asia (the “Exempted Parties"), releasing them from any liability whatsoever towards you, your heirs and beneficiaries, for any loss or damage, claim or demand whatsoever caused by personal injury or damage to property or with the subsequent death of you following or in connection with the Run, whether resulting from the fault of the Exempted Parties or another cause;
- Agree that in no circumstances will the Exempted Parties be liable for any economic loss, consequential loss or loss of profits;
- Agree to indemnify, hold harmless and release all the Exempted Parties and each of them from any claim, loss, liability, damage or costs whatsoever sustained because of or in connection with the Run, whether caused by your own fault, negligence, wilful act or omission or any other cause and whether in relation to any claim brought by third parties against the Exempted Parties;
- Assume full liability for any risks of physical injury, death or damage to property caused by or relating to the Run, whether caused by the fault of the Exempted Parties or another cause.
GENERAL
MELAKA MARATHON 2021 (#MELAKATHON2021) (the “Run”) is organised by Dynacorp Alliance (M) Sdn Bhd (“Activenation.Asia”) with the support of State Government of Melaka (“Melaka”). As part of the Run, participants are required to run a route of distance 3KM Leisure Run, 5KM Fun Run, 10KM Competitive Run, 21.098KM Half Marathon and 42.195KM Full Marathon.
ELIGIBILITY AND APPLICATION
The run is open to individuals who have registered to participate via Checkpointspot and/or other online or manual registration platform. Melaka and Activenation.Asia reserves the right at its sole discretion to disqualify any group and/or individual for the Run.
RESPONSIBILITIES OF THE PARTICIPANT
You shall be responsible for:
- Not being under the influence of drugs, medication or alcohol whether before or while participating in the Run;
- Not suffering from any illness that may impair your ability to drive or interfere with or endanger your participation and must be in good health at the time of the Run;
- Being aware that Melaka and Activenation.Asia does not and will not offer or provide any insurance coverage in addition to such insurances;
- Abiding by all applicable laws and regulations;
- Not using a mobile phone at any time during the Run
- Should any Participant feel unwell during the Run, the Participant must stop and inform any Run officials or Melaka and Activenation.Asia representative immediately and may be required to withdraw from the Run.
To the extent permitted by law, Melaka and Activenation.Asia will not be held responsible for any consequence or matter relating to the physical and/or medical condition of any participant or for any injury or death.
COMPULSORY ITEMS
Participants must bring and wear the following on the Run Day:
- The Run Event T-shirt and/or any suitable running attire
- Close-toe foot wear
- Bib
Participants shall be responsible for their personal belongings. Melaka and Activenation.Asia will not be held responsible for the loss or damage of any personal belongings or property in any manner whatsoever.
LIABILITIES
All Participants enter the Run entirely at his/her own risk and agree to the terms of the Disclaimer of Liability set out in the Declaration required for participation in the Run.
AUDIO AND VIDEO RIGHTS
Audio and video recordings (including photographs) may be made of the Run by Melaka and Activenation.Asia, its representatives, agents or third parties. All Participants consent to Melaka and Activenation.Asia and such parties using without payment of any fee or compensation whatsoever, the Participant’s name and any such recordings in any promotional, reporting or advertising material and all Participants permanently relinquish all rights in respect of such recordings to Melaka and Activenation.Asia and its affiliates.
DISQUALIFICATION
Notwithstanding any other provision contained herein, Melaka and Activenation.Asia reserves the right at its sole discretion to disqualify any Participant in the event for any non-compliance or breach of these Terms and Conditions or any instructions given by Melaka and Activenation.Asia, its employees, agents or representatives (including the Marshall) and in such event, you may also be liable for damages, liability and legal claims by Melaka and Activenation.Asia or any other party.
REVISIONS AND CANCELLATION OF RUN
Notwithstanding any other provision contained herein, Melaka and Activenation.Asia reserves the right to amend the terms and conditions of the Run or to Postpone or Cancel the Run at any time without notice or liability whatsoever and/or to change the Run Venue or Date and/or to change any merchandise branding or design or concept without any prior notice.
CANCELLATION DUE TO A FORCE MAJEURE EVENT
Force Majeure Event is an extraordinary event or circumstance beyond the control of the parties include war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, epidemic and acts of state or governmental action prohibiting or impeding any party from performing its respective obligations under the Agreement. If Melaka and Activenation.Asia is entirely prevented from performing its obligations hereunder for a period of one-hundred eighty (180) consecutive days as a result of the occurrence of a Force Majeure Event suffered by Melaka and Activenation.Asia, then Melaka and Activenation.Asia may cancel, without additional liability, any then remaining unperformed portion of this Agreement, upon not less than Twenty Four (24) Hour’s prior written notice to the Participants; provided, however, that nothing in this shall relieve or excuse Participants from its obligations under this Agreement in respect of the occurrence of a Force Majeure Event or relieve either Party from any payment obligation that has accrued as of the date of cancellation or prior thereto; provided further, however, that any payment obligations of Participants shall not be refunded by the amount of the Run registration fee received by Melaka and Activenation.Asia, if any, in connection with the occurrence of a Force Majeure Event.