WAIVERS

EVENT REGISTRATION, RELEASE AND WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.

READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.

THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

In consideration of being permitted by SECA (Shanghai) Co., Ltd (“Event Producer”) to participate in this event – 2026 HIGHLANDER Beijing, China, including related programs or events (“Event”), I understand and acknowledge that by checking the box below or signing below, that I am legally agreeing to the statements in the following Event Registration, Release and Waiver of Liability, and Assumption of Risk and Indemnity Agreement (“Agreement”) and that these statements are being accepted and relied upon by the Released Parties, as defined below. I hereby freely and voluntarily acknowledge and/or take action for myself, and on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf, as follows:

1.I HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THIS EVENT. I acknowledge hiking, walking, running, navigational activities and other activities of this Event are inherently dangerous and are an extreme test of my physical and mental limits that carries with them the potential for serious bodily injury, permanent disability, paralysis and death, and property damage or loss. I acknowledge and agree that it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the Event, and I attest and certify that I am or will be sufficiently fit and physically trained to participate in the Event, which I elect to enter. I certify that I have not been advised against participation in the Event by any healthcare provider. I have no physical or medical condition or other impediment that would endanger myself or others if I participate in the Event or would interfere with my ability to safely participate in the Event. I accept responsibility for the condition and adequacy of my required equipment and my conduct in connection with the Event. I understand and acknowledge that there may be tough terrain obstacles, wild animals, poisonous herbs, holes, and other unforeseen dangerous events and I assume the risk of hiking, walking, running, navigational activities and other activities of this Event and participating under these circumstances. I acknowledge my participation is significant and may include, without limitation, the following: (i) drowning; (ii) near-drowning; (iii) sprains; (iv) strains; (v) fractures; (vi) heat and cold injuries, including burns, heat-related illness and hypothermia; (vii) overuse syndrome; (viii) falling from heights (ix) animal attack, bites and/or stings; (x) contact with poisonous plants; (xi) heart attack; (xii) diseases from exposure to fecal contaminated water or slurry; (xiii) permanent paralysis; and/or (xiv) death. While I understand that the Event Producer have taken all reasonable steps to promote Participants' safety and that rules, equipment and/or personal discipline may reduce these risks, the risk of serious injury and/or death does exist. While camping and/or bivouacking on the grounds in connection with the Event, I acknowledge that Event Producer provides no guarantees for the security of my tent and/or its contents. I agree that Event Producer is not liable for theft, loss or damage of or to my personal property by any third party, and that any of my possessions left unattended are left entirely at my own risk.

I also assume any and all other risks associated with participating in this Event, including but not limited to the following: falls, dangers of collisions with vehicles (parked or moving, including paddling, climbing, biking, skiing, snow shoeing, or other convenience), unmanned aerial vehicles (“UAVs”, also known as drones), pedestrians, other participants, and fixed objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment; and hazard that may be posed by spectators, producers, volunteers, other participants and animals of other participants; and weather conditions, wild animals, poisonous herbs, wrong ways, waterfalls and such. I further acknowledge that these risks include risks that may be the result of negligent acts, omissions, and/or carelessness of the Released Parties, as defined herein. I understand that I will be participating in the Event at my own risk, that I am responsible for the risk of participation in the Event. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the other participants or others, and assume full responsibility for my participation.

By signing this Agreement, I acknowledge and certify that I am fully familiar with the essential characteristics of the Event, the terrain difficulty level and specificity of the terrain and that I have all information I need to adequately assess the necessary level of physical fitness, navigational skills and the required equipment.

2. I understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs before, during and after the Event and I recognize that consumption of alcohol and/or drugs might impair my judgment and motor skills. I assume responsibility for any injury, loss or damage associated with my consumption of alcohol and/or drugs.

3. I WAIVE, RELEASE, AND FOREVER DISCHARGE Event Producer – SECA (Shanghai) Co., Ltd (NOT THE EVENT) the event sanctioning body, Event sponsors, event organizers, Event promoters, Event producers, event  directors, Event officials, Event staff, advertisers, property owners, volunteers, administrators, contractors, vendors, volunteers, all other persons or entities involved with the Event, and all state, city, town, county, and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations in which the Event or segments of the Event take place, and each of their respective parent, subsidiary and affiliated companies, licensees, officers, directors, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the "Released Parties"), from any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or any nature, which I have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, result from, or relate to my participation in the Event or my traveling to or from the Event, including my death, personal injury, partial or permanent disability, negligence, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the Event site or elsewhere), and any Claims for medical or hospital expenses, even if such Claims are caused by the negligent acts, omissions, or the carelessness of the Released Parties.

4. I FURTHER COVENANT and AGREE NOT TO SUE any of the Released Parties for any of the Claims that I have waived, released, or discharged herein. I AGREE TO INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made by me or other individuals or entities, for liabilities assessed against the Released Parties, including but not limited to court costs, attorneys' fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, my breach or failure to abide by any part of this Agreement, my breach or failure to abide by any of the Event sanctioning body’s rules of participation, Event Producer and Event Rules and/or my actions or inactions which cause injury or damage to any other person. I agree to adhere all rules and regulations of the race as described on the Event website and/or communicated to me by email, online and/or on-site briefings or any other official communication of the Event. I acknowledge the fact that I will be disqualified if not adhering to Event Rules.

5. I agree to read and abide by the rules, Event Producer's Rules, and information in the participant information guide, as they may be amended from time to time, and all local laws in the event country. I agree that prior to participating in the Event I will inspect the Event venue, facilities, equipment, and areas to be used, and if I believe or become aware that any are unsafe, I will immediately advise the Event Producer.

6. I hereby consent to receive medical care and treatment that may be deemed advisable in the event of injury, accident or illness to me while participating in the Event by a medical director or any of its agents, employees, volunteers, affiliates and designees, a physician and/or hospital. If necessary, I authorize Event Producer or any of its agents, employees, volunteers, affiliates and designees, any organizer or sponsor of the Event, or any Event volunteer, to consent to such medical care and treatment. I understand that this authorization is given in advance of any specific diagnosis, treatment, or hospital care being required, and is given to provide authority and power to render care which the above-mentioned may deem advisable in the exercise of their best judgment. I agree to be responsible and assume liability for any and all costs incurred as a result of my participation in the Event, not covered by my insurance, including but not limited to, medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties from all liability for such costs.

7. I authorize and voluntarily consent to the release and disclosure of my protected health information, health services provided to me, and/or any health related information about me by a physician, emergency personnel, medical team member or any Event Producer employee for the purposes of diagnosing or providing treatment to me, for payment purposes, coordination of care, and for health care operations, including necessary administrative and business functions related to my protected health information, including but not limited to, the release of my protected health information to Event Producer, SECA (Shanghai) Co., Ltd, event sanctioning body, insurance carriers, other health care providers, parents/guardians, and/or hospitals. I understand there is no expiration for this health information disclosure authorization; I have the right to revoke this authorization, unless action has been taken in reliance on this authorization, and that treatment will not be conditioned upon this authorization.

8. I hereby grant to Event Producer, protected health information, including but not limited to, the release of my protected health information to Event Producer, SECA (Shanghai) Co., Ltd,  the right, permission, and authority to, with right to sublicense, use my name, image, voice, and/or likeness, without compensation, captured during the Event by Event Producer, its affiliated entities or contractors, and/or the media in any photographs, videotapes, CDs, DVDs, broadcast, telecast, podcast, webcast, recordings, motion pictures, commercial advertisement, promotion materials, and/or any other record of this Event for any purpose whatsoever. I understand that all ownership and copyright rights in the images will be owned by Event Producer, protected health information, including but not limited to, the release of my protected health information to Event Producer, SECA (Shanghai) Co., Ltd, and HIGHLANDER LICENSE GLOBAL HOLDER AVANTURA ŽIVOTA D.O.O. (SELSKA CESTA 90A, 10000 ZAGREB, CROATIA, as applicable, its assignees, or its designees, and I waive any inspection or approval rights.

9. I acknowledge and agree that Event Producer, SECA (Shanghai) Co., Ltd, in its sole discretion, may delay, modify, or cancel the Event if it believes the conditions on the event week are unsafe. ​​If the Event is delayed, modified, or cancelled for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake, heat, forest fire, conflagration, snowfall, thunderstorms, storms and any other weather phenomena, possibly only local) acts of terrorism, fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, pandemic, public disaster, flood, unavoidable casualty, Event course conditions, bans imposed by an authorized body of the country in which the Event is being held, or any other cause beyond the control of Event Producer that might negatively affect the well-being, the health and/or safety of the participants; in particular when epidemics or pandemics are identified by the World Health Organization and/or national or local authorities (e.g. Covid-19), there shall be no refund of Event Producer’s entry fee or any other costs incurred in connection with the Event. However, if any of the reasons mentioned above occur, participants' registration will be deferred to a new date of the same event.

10. A legal guardian who signs this Agreement on behalf of a incapacitated and/or mentally challenged person and/or a Participating Minor (hereinafter "Said Person"), hereby acknowledges that he or she has the legal capacity and authority to act on behalf of Said Person and to legally bind Said Person to the Agreement. The legal guardian who signs this Agreement agrees to indemnify and hold harmless the Released Parties for any expenses incurred, Claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of Said Person in the execution of this Agreement. By signing this Agreement, I confirm that I am aware that the person lacking legal capacity (for example, a minor, a mentally challenged person and/or similar) may participate in the Event only if accompanied by a person of age from whom legal capacity has not been removed, and who must accompany and assist said person as necessary at all times during the Event.

11. I understand, agree and acknowledge that my personal identifiable information can or will be transferred to the COUNTRY WHERE THE EVENT TAKES PLACE, the laws of which may be deemed by the European Union or the United Kingdom to have inadequate data protection rights. If I am located in a European Union country or another country outside the United States, my registration to the Event is a voluntary submission of personal information to , Avantura života d.o.o., or its affiliates, and I hereby consent to the general use of such information and to the transfer of that information to, and/or storage of that information in, COUNTRY WHERE THE EVENT TAKES PLACE.

12. I hereby grant permission gratis to the Event Producer and/or Released Parties to film, videotape and record gratis the performance of my participation (referred to herein as “I”, “me”, “my”) as it relates to the Event and subsequently to telecast and otherwise utilize the same gratis in whatever manner Event Producer and/or Released Parties shall deem appropriate. Such permission shall include the unlimited right to appropriate use of gratis by Event Producer and/or Released Parties of my name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. I acknowledge that Event Producer and/or Released Parties and their representatives shall have the unlimited right throughout the universe to copyright, use, reuse, publish, republish, broadcast and otherwise distribute all or any portion of the Event in which I may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now know or hereinafter devised in perpetuity without compensation. In consideration and in return for being allowed to participate in the Event, I release and agree not to sue the Event Producer and/or Released Parties from all present and future claims regarding my participation in the Events that may be made by me, my family, estate heirs, or assigns.

13. By accepting this legal notice and enrollment in the Event, the user gives his consent to the collection and processing of personal data included in the registration form as well as any other to provide in the course of the relationship with Event Producer. In this regard, we inform you that your data will become part of a file owned by Event Producer in order to manage, directly or through third party partners, your participation in the FULL EVENT NAME AND FULL EVENT DATE, and to send promotional information about products and events related to sport and health, via electronic as well as physical mail. If you do not wish to receive commercial information electronically, please send a written request to the email address highlanderchina@secaworld.com@highlanderadventure.com (remember you can unsubscribe at any time). In any case, remember that you are entitled to exercise the rights of access, rectification, cancellation or opposition, or revoke consent for sending commercial electronic communications, by written communication addressed to Event Producer at highlanderchina@secaworld.com@highlanderadventure.com.

14. By signing this Waiver, I acknowledge the contagious nature of the SARS-CoV-2 virus (the “novel coronavirus” or “COVID-19”) and voluntarily assume the risk that I, on behalf of myself, may be exposed to or infected by the novel coronavirus by attending and/or participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that (i) my attendance and/or participation in the Event involves the inherent risk of exposure to the novel coronavirus, and (ii) the risk of becoming exposed to the novel coronavirus or persons with the COVID-19 disease at the Event may result from the actions, omissions, or negligence of myself and others, including, but not limited to other Participants, Event Producer and/or any Released Parties. I knowingly and voluntarily agree to comply with and adhere to all necessary and required COVID-19-related safety and risk mitigation practices during my attendance and participation in the Event, whether communicated verbally or in writing. Such practices may include, but are not limited to: (i) recognized social distancing practices (i.e. maintaining 8-feet of space between myself and other individuals); (ii) wearing a proper face mask; (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face, and (iv) complying with other applicable governmental regulations. I acknowledge and agree that my compliance with these safety and mitigation practices is not only for my own benefit but also for the benefit of other Participants, Event Producer and/or Released Parties at the Event. I voluntarily and knowingly assume the risk that I, on behalf of myself, may be exposed to the novel coronavirus or persons with the COVID-19 disease as a result from a failure to comply with such practices. Further, notwithstanding the foregoing, I agree that I, on behalf of myself, will neither attend nor participate in an Event if I have, in the past 14 days: (i) been tested for or have a suspected or confirmed case of COVID-19; (ii) experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (iii) been exposed to or in close contact with a person known to have COVID-19 (or any known symptoms thereof).

IF, IN A CONCRETE CASE, ONE OF THE ABOVE-MENTIONED WAIVERS, RELEASES, DISCHARGES AND/OR LIMITATIONS DOES NOT APPLY DUE TO ITS COLLISION WITH PEREMPTORY NORMS OF THE APPLICABLE LAW, AND IF LIABILITY OF ANY OF RELEASED PARTIES SHALL BE ESTABLISHED IN SUCH CASE, THIS LIABILITY SHALL BE LIMITED TO THE AMOUNT OF HRK 1,000.00 (IN WRITING: ONE THOUSAND KUNA).

PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE EVENT PRODUCER SHALL BE ENTITLED TO ASSIGN SUB-LICENSE, TRANSFER, DISPOSE OF, CHARGE OR DEAL IN ANY OTHER MANNER WITH THIS AGREEMENT OR ANY RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, RIGHT TO COLLECT CLAIMS, INSURANCE INSTRUMENTS, COLLATERALS ETC.), OR SUB-CONTRACT ANY OR ALL OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR PURPORT TO DO ANY OF THE SAME AT ITS ENTIRE DISCRETION, AND PARTICIPANT APPROVES UNCONDITIONALLY ANY ACTION RELATED TO THE ABOVE IN ADVANCE BY SIGNING THIS AGREEMENT. THIS PARTICULARLY REFERS TO, BUT IS NOT LIMITED TO, ANY ACTION RELATED TO THE ABOVE BETWEEN THE EVENT PRODUCER AND ITS FUTURE SOLELY OWN SUBSIDIARY TO BE INCORPORATED IN REGISTERED IN THE USA.

This Agreement shall be governed by the laws of the People's Republic of China. All disputes and disputes arising out of this Agreement and the competition shall be settled by both parties through negotiation. If no agreement can be reached through negotiation, the disputes shall be governed by the people's court of the place where SECA (Shanghai) Co., Ltd is located.

I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE (OR WILL BE ON THE DATE OF THE EVENT) OR OLDER, I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT.

PARTICIPANT (or Guardian, if applicable):

IF YOU DO NOT ACCEPT THE GENERAL TERMS AND CONDITIONS OF PARTICIPATION THAT YOU HAVE READ, PLEASE DO NOT TAKE PART IN THE EVENT.

TRANSFER

If you want to transfer your registration to another participant or transfer to another event, please read below and follow the rules.

PARTICIPANT TRANSFER

• Transferring event participation to another person is permitted for individual and team registrations.
• Once the registration is transferred, the new participant forfeits their eligibility for the right to:

1. Participant re-transfer
2. Event transfer
3. A full or partial refund
4. Deferring

• For participant transfer, there is an extra fee of $ 35 USD (+ 7% Active.com Registration platform fee) which will be paid by the new participant, not the participant who originally paid the registration fee
• Participant transfer is permitted up to 15 days before the start of the event. Check deadlines HERE.

EVENT TRANSFER

• Transfers are only permitted to other events in the same event country organization and during the same calendar year.
• Once the event transfer has been redeemed, the participant forfeits their eligibility for the right to:

1. Participant re-transfer
2. Event re-transfer
3. A full or partial refund
4. Deferring

• Transfers to other countries are NOT permitted.
• For an event transfer there is an extra fee of $35 USD (+ 7% Active.com Registration platform fee)
• If a participant is transferring from a higher-priced event to a lower-priced event, the participant will not be refunded the price difference
• If a participant is transferring from a lower-priced event into a higher-priced event, the participant will be required to pay the difference in addition to an extra fee of $35 USD (+ 7% Active.com Registration platform fee)
• A transfer into sold-out events is not permitted
• The transfer option is only available for individual entries, and is NOT valid for promo and group entries
• Participants can transfer out of an event up to 45 days prior to the start of the event (the event the participant initially registered for). Check deadlines HERE.

TRANSFER PROCESS

Please follow the next steps if you want to transfer into another event:

• Fill out the event transfer or the person transfer form located at the end of this page or here
• Once you submit the form you will receive a confirmation email from Active

Please check your junk folder as well. If you haven’t received your confirmation email, please complete the form again or contact china@highlanderadventure.com

• Your request will be processed within 5 business days; you will receive a separate email from Active containing a personalized registration link for the new event
• Once you redeem the invitation, you will receive one last confirmation email from Active

WITHDRAWAL

If you want to withdraw your registration, please read below, and follow the rules listed.

WITHDRAWAL FROM THE EVENT

If you need to withdraw from the event, please note that you must submit the request before the deadline, as follows:

• Up to 45 days before the event for a 50% refund of the entry fee
• Withdrawal within 45 days of the event is nonrefundable (medical issues are not excluded)

Check deadlines HERE.

Fees will be refunded to the Credit Card used for the registration.

Please note that a credit card refund can take up to 3-5 days.

The withdrawal option with the refund is only available for individual entries and is NOT valid for promo and group entries.

WITHDRAWAL PROCESS

To withdrawal from the event, please follow these steps:

• Fill out the withdrawal form located at the end of this page, or here
• Once you submit the form you will receive a confirmation email from Active
• Please check your junk folder as well. If you haven’t received a confirmation email, please complete out the form again or contact china@highlanderadventure.com
• Your request will be processed within 5 business days, and you will receive a separate email from the local event team once the refund has been initiated
• You will receive another email from Active with a cancellation confirmation 

ACTIVE REFUND

ACTIVE Refund is an option that provides participants' registration fees (together with any additional fees confirmed at the time of purchasing ACTIVE Refund) to be eligible for a refund in case of participants' cancellations.

Please note, in case the organizer cancels the event, the participant is not eligible for an ACTIVE Refund.

Participant is able to purchase ACTIVE Refund when making a booking for a certain event. This optional purchase is available at checkout and equals 15% of the registration fee. 

Refund requests must be submitted no later than midnight forty-eight (48) hours prior to the activity start date. 

The full eligibility and criteria associated with making a valid ACTIVE Refund request are set out in detail in these Terms. 

DEFERRAL

To defer your registration, please read the following rules:

DEFERRAL OPTION

• Deferrals are only permitted for events in the same event country organization in the next calendar year
• Option to defer registration to next year is permitted for individual registrations and group registrations (and only if the entire group will defer)
• Once deferral has been requested, the participant forfeits their eligibility for the right to:

1. Participant transfer
2. Event transfer
3. A full or partial refund
4. Re-deferring

• The deferral option is permitted up to 45 days before the start of the event. Check deadlines HERE.

DEFERRAL PROCESS

• Please follow the next steps if you want to defer from the event:
• Fill out the deferral form located at the end of this page or here
• Once you submit the form, you will receive a confirmation email from Active
• Please check your junk folder as well. If you haven’t received a confirmation email, please complete the form again or contact china@highlanderadventure.com
• Your request will be processed within 5 business days, and you will receive a separate email from the local event team once the deferral is initiated. You will receive a new link for registration once registrations for the next year are open
• You will receive another email from Active with a deferral confirmation

PAYMENT OPTION PLAN

If you wish to register with a Payment option plan, please read the following rules:

PAYMENT OPTION PLAN RULES AND REGULATIONS

• Transfer to other events in the same country organization will be permitted once all three payments are received
• Withdrawal option: the withdrawal rules apply only if all three payments are received (50% refund up to 45 days before the start of the event)
• A Payment Option Plan is available only up to 90 days before the event date
• A Payment Option Plan is available only for HIGHLANDER 5DAYS and HIGHLANDER 3DAYS events
• A Payment Option Plan is available only for individual entries
• A Payment Option Plan is NOT available for Gift Card payment

PAYMENT OPTION PLAN PROCESS

• This option will be available for you to choose during the registration process in the payment section
• After registering, log into your Active profile - My Events to view current payment plans, update your credit card, or pay the remaining balance

EVENT CANCELLATION

• If the Event producer defers or cancels the event before the start of the event for reasons beyond the control of Event Producer (acts of God and the elements, including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake, acts of terrorism, fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of the Event Producer) participants' registration is deferred to a new date of the same event and format.
• If the Event producer defers, changes, or cancels the event before the start of the event for reasons within the control of the Event Producer (other causes not mentioned above) participants are eligible to receive a full refund (excluding 7% of Active.com Registration platform fee)

BY REGISTERING PARTICIPANTS UNDERSTAND AND CONFIRM:

• All the Terms of Service written above.
• Event Producer reserves the right, in its sole and complete discretion, to deny entry, revoke the entry application of any applicant at any time, and/or to disqualify any individual from the Event. Applicant expressly waives any claim for damages arising from the denial or revocation of an entry application exceeding the amount of the entry fee. 
• In no event may participant (or anyone else on their behalf) without the prior written consent of Event Producer, Avantura života d.o.o., its assignees, or its designees: (a) use any intellectual property of Event Producer, Avantura života d.o.o. and/or its affiliates, including, but not limited to, the HIGHLANDER marks and names (COLLECTIVELY IPs) and/or any words or marks that refer to, or are suggestive of, or confusingly similar to, the Event, any Event logo, Event name, Event location, Event date, or Event distance (collectively, “Event IP”), or (b) sell, market, distribute, or produce any products, events, merchandise, websites, or services that are Event-branded, or branded or marked using (i) any Event logo, (ii) any Event name, (iii) any Event IP, or (iv) or any IP (including without limitation the word “HIGHLANDER” or any foreign translation thereof as a prefix for, or component of, any event, trade name, trademark, organization name, club name, or brand of any kind, in each case in any way related to training, coaching, or any hiking or backpacking sports).
• This Terms of Service are subject to application of the Croatian law and shall be interpreted in accordance with the provisions of the Croatian law, excluding the application of United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG) and application of the provisions of the conflict of laws in accordance with the private international law. All disputes arising from this Agreement, including disputes pertaining to the issues of lawful creation, breach, or termination of this Agreement, as well as legal consequences arising thereof, shall be instructed to resolve the matter through conciliation in accordance with the Rules of Conciliation of the Croatian Chamber of Economy in force. In case these disputes are not resolved through conciliation within 30 (thirty) days from the day of submitting the motion to initiate conciliation procedure or within a different deadline agreed to by the parties, these disputes shall be resolved through arbitration in accordance with the Rules of Arbitration of the Permanent Arbitration Court of the Croatian Chamber of Economy (Zagreb Rules). For disputes whose value amounts up to (including) EUR 500,000.00 (in writing: five hundred thousand euros), the number of arbitrators shall be one. For disputes whose value is greater than EUR 500,000.00 (in writing: five hundred thousand euros), the number of arbitrators shall be three. The applicable law shall be the law of the Republic of Croatia.
• The language of the arbitration proceeding shall be Croatian. The place of arbitration shall be Zagreb, the Republic of Croatia. The person authorized for appointment shall be the President of the Permanent Arbitration Court of the Croatian Chamber of Economy.
• Participants acknowledge and confirm their liability for compensation for any damage to others’ property and/or material and/or non-material damage caused by injury or death of third persons (including, but not limited to other Event participants, employees/representatives of the Released Parties and similar) that may result from their actions and/or inaction.