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LIABILITY WAIVER DECLARATION


The undersigned requests to participate in the recreational-sporting event proposed and organized on a personal basis by certain employees of Manifattura Valcismon S.p.A., of which the company has been informed insofar as this initiative is included alongside a series of company events and may involve, among the potential participants, not only certain employees but also representatives of certain commercial counterparties.

Employees may participate in the event only if it takes place outside their working hours.

The event is recreational in nature and therefore absolutely non-competitive, and consists of: group outings / sporting activities / outdoor experiences on any type of route, terrain or environment (natural or urban); no route or area where the activity takes place will be closed for the event, but all areas crossed will always remain open to traffic and/or free public use. Therefore, all participants will be required to strictly comply with the Highway Code / rules of the road, any local regulations or rules specific to the practiced discipline, and general rules of prudence and safety in outdoor environments.

The participant declares to be aware that the routes may also be unmarked but can be followed through the use of GPS tracks, maps, or by following the instructions provided, with the route of the activity being communicated in any case before departure; that he/she participates at his/her own risk and is considered to be on an independent personal excursion, without any rights greater than those of other users of the trails, slopes, roads, and any other public environment, area, or space crossed. He/She is aware, and accepts any and all consequences thereof, that no medical, food, or mechanical/technical assistance service is provided, that no recovery service is provided, that no lighting is present on the routes during night events, and that the organizers have no obligation to search for participants along the routes.

The participant is aware that participation in the excursions / activities always takes place by free choice and for recreational purposes.

The organizer undertakes to make the GPX file or the details of the route available well in advance – approximately 10 days before the event – so that it may be viewed by the prospective participant.

It therefore follows that whoever promotes and organizes the activities is exempt, and in any case released, from any and all liability, civil, criminal or of any other nature, connected or related to the excursions and to remaining within the places hosting the meeting points / starts / finishes.

Whoever promotes, organizes and hosts the activities is likewise exempt from any liability, civil, criminal or of any other nature, for facts and/or accidents that may occur involving participants, including, by way of example and not limitation: accidents, getting lost from the route, physical problems, incidents, theft, breakdowns, damage to sporting equipment, etc.

The activities in question are to be understood as a mere gathering with spontaneous and independent participation by practitioners and amateurs on free and personal excursions.

The participant waives the right to bring legal action on any grounds and for any reason whatsoever against the organizers, also acknowledging that this is a non-professional organization acting exclusively for recreational purposes and lacking the relevant requirements (pursuant to Article 1174 of the Italian Civil Code).

The participant undertakes to respect and keep clean both the places designated for the logistics of meeting / departure / arrival and the places crossed along the route: roads, meadows, woods, trails and agricultural property; the participant undertakes not to discard any waste produced during the event along the route and to dispose of it in the appropriate collection containers.

For his/her own personal safety, the use of clothing and technical equipment suitable for the practiced discipline is mandatory, as well as, where required by law or conditions, the use of mandatory safety devices (e.g., approved protective helmet, lights, suitable footwear, etc.).

The participant declares that he/she releases and indemnifies Manifattura Valcismon S.p.A. from any liability, civil, criminal or of any other nature, relating to any damage that he/she may suffer or cause to third parties or property, and accordingly the company may not be held liable for any damage to the participants themselves in the event, to property or to third parties.

All this being stated: By requesting to participate, each participant expressly declares and hereby signs as follows:

  • that he/she has read and approved this waiver and accepts each and every part thereof;
  • that he/she undertakes, under penalty of exclusion from the event, to behave in accordance with the principles of loyalty and fair sporting conduct and, in no case, to engage in conduct contrary to the law and the rules of the event that may endanger his/her own safety or that of others;
  • that he/she acknowledges that the activities are recreational events and not competitive events;
  • that he/she will tackle demanding sections with the utmost caution without causing danger or harm to himself/herself or to other participants;
  • that he/she is aware that the routes are not mapped out, not signposted, not monitored and that there are no safety stations and/or rescue personnel along them, assuming full responsibility for any damage caused to persons or property, thus releasing the Organization;
  • that he/she has examined the route, its characteristics, and also declares that it is consistent with his/her abilities;
  • that he/she is aware of and has experience in the practice of the specific sporting discipline on roads, trails, and in outdoor environments;
  • that he/she is aware of the possibility of adverse weather conditions and that the organizers are not required to provide equipment and/or shelter solutions;
  • that his/her equipment is in excellent condition, approved and suitable for the use required for this event;
  • that he/she acts as guarantor of his/her own conduct during and after the events;
  • that he/she is currently in excellent physical condition and has no apparent contraindications such as would prevent these activities from being carried out in complete safety with regard to his/her physical condition. He/She further declares that he/she has not received medical advice preventing, discouraging or placing limits on any motor or sporting activity in general. He/She therefore declares that he/she releases the Organization from any civil and criminal liability related to and consequent upon the verification of such fitness;
  • that he/she grants the promoters the broadest consent to the use, in the ways permitted by law, including for profit-making purposes, of any video, photographic, etc. image of him/her taken during the days of the events, granting the organization from the time of registration the right to transfer such images to third parties; he/she expressly authorizes the promoters, free of charge, to use still and/or moving images portraying his/her person, taken during the events, for the entire duration thereof. This authorization for the use of his/her image shall be understood to be granted for an indefinite period and without territorial limits worldwide, for use in various publications and films, including, by way of example and not limitation, promotional and/or advertising materials produced on all media. The promoters may also assign to third parties and to their institutional and commercial partners the rights of use provided for in this agreement;
  • that he/she releases the Organization from any direct and indirect liability for any material and non-material damage and/or expenses (including legal expenses) that may arise as a result of participation in the sporting event, including as a consequence of his/her own conduct;
  • that he/she assumes all responsibility that may derive from engaging in the sporting activity in question and releases the Organization from any civil and criminal liability, including strict liability, as a consequence of injuries caused to himself/herself or to third parties and of illnesses occurring during the entire duration of the event, or consequent upon the use of the infrastructure, as well as releasing the Organization from any liability connected with theft and/or damage to any personal property that may occur before, during and after the events or as a result thereof.

This authorization is granted in full freedom and autonomy, without conditions or reservations and entirely free of charge.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Participant declares that he/she has carefully examined all the clauses contained in the Organization’s liability waiver declaration and specifically approves all the points listed therein.

Authorization for the processing of personal data: Having acknowledged the information notice pursuant to Article 13 of GDPR 2016/679, by signing this waiver the Participant authorizes the processing and communication to the Organization of his/her personal data for purposes connected with the organization of the sporting event. The Participant gives consent to the processing specified in the information notice, authorizing the sending of informational material relating to future events or various initiatives proposed by the organizers, and also authorizes any photographic and cinematographic recordings for the creation of videos, noticeboards, publication in print and on the web (including download).