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REGISTRANT
Terms & Conditions

PLAIN SPEAKING AND PLAIN DEALING

By agreeing to the following Terms and Conditions, you also automatically acknowledge that you understand and agree to comply with the specific policies related to your activity, the use of this website or any other specific conditions you may have declared through the registration process.

1. General Terms and Conditions

1.1. You agree to the policies of GGHK Limited (the “Host“) and its organising committee by your registration via fuseSPORT (as defined below) to participate in any sport, event, programme or activity in relation to Gay Games 11 as an athlete, volunteer, official, spectator, supporter or any other participant (hereinafter “Registrant“). These policy documents can be consulted at the links below:

  • Gender Identity Policy
  • Health, Well-being and Performance-Enhancing Drug Policy
  • 行為守則
  • Privacy Policy of the Federation of Gay Games

The Host engages Fusesport, Inc. (“fuseSPORT”) to register Registrants to participate in Gay Games 11. fuseSPORT is an independent controller who will collect and control all Registrant’s information. 

You also agree not to do or say anything that would conflict with or contradict the Federation Principles, or bring the Host, the Federation of Gay Games (the “Federation“) or Gay Games 11 into disrepute. As Gay Games 11 is a non-political event, it is not a forum to publicise your political views, and Host may cancel your participation if you breach this restriction.

The Host shall have the sole discretion to determine if a Registrant has violated any of the above, as well as what, if any, penalty or punishment shall be meted out due to the violation, including but not limited to restrictions on participating in or being barred from Gay Games 11 (and whether any refund should be provided).

1.2. You agree to abide by the rules and regulations of Gay Games 11 events as determined by the Host and specific governing bodies for sport and cultural events, including all written and verbal instructions which may be given by the Host, designated officials and event managers. You agree that failure to comply with the instructions, rules and regulations of Gay Games 11 and/or governing bodies for sports and culture events may result in your immediate or ultimate disqualification and/or suspension from being a Registrant in or for events or from Gay Games 11 completely.

1.3. You accept that decisions of the Host and Gay Games 11 judges and tournament officials are final as to any matter, action or non-action.

1.4. The Host reserves the right to have officially designated officials reclassify sports and cultural participants notwithstanding the Registrant’s self-selected grade, level, category, division or other classification. The Host reserves the right to combine or eliminate grades, levels, rounds, event lengths, categories, divisions, or other classifications if it deems necessary, at its sole discretion, including but not limited to ensuring a reasonable number of participants for each event. The Host may, in its sole discretion, present ribbons, non-precious metal medals (gold, silver and bronze colored) or other awards to the first, second and third place winners, respectively, as described in the competition rules for each sport and cultural event actually held and where medals or awards are awarded. The collapsing of levels, grades and divisions or age groups on a limited number of competitors may, in the complete and sole discretion of the Host, modify, reduce or eliminate the number of medals or awards ultimately awarded.

1.5. Events for Gay Games 11 in and around Hong Kong may proceed in all weather and other environmental conditions provided that the Host and event officials determine, in their sole discretion, that it is safe to do so. The Host reserves the right to reschedule or cancel events for any reason, including but not limited to any extraordinary circumstance beyond its reasonable control, such as serious fire, storm, and/or flood, earthquake, explosion, act of a public enemy, war, insurrection, terrorist act or threat of terrorist act, sabotage, epidemic, pandemic, embargoes, strikes and/or labour disputes of a person other than such party, acts of God, acts of any government whether national municipal or otherwise, or any agency thereof which affects the performance of any provision of this agreement by that party but for the avoidance of doubt does not include either party being unable to fulfil its obligations under this Agreement as a result of lack of funds or being or becoming insolvent, as well as a lack of sufficient participation numbers. In all cases, the final arbiter shall be the Host. The Host may decide, in its sole discretion, to provide a refund of sport registration fee(s) (excluding any currency conversion charge already incurred by the Host) for such cancelled events.

1.6. The Host may change or adjust venues, arrangements, planning, competition days and schedules of events, at its sole discretion.

1.7. You accept that some venues and facilities used by the Host may impose conditions of entry and other restrictions on visitors or users of them, and you will accept and abide by any such conditions or restrictions.

1.8. You declare that you are in a physically and mentally fit and healthy state required for participation in Gay Games 11 events for which you are registering as a Registrant, and have sufficient skill and abilities to participate in the events without harming yourself or someone else, and that you are not aware of any serious medical condition that would prevent you from participating in these physical activities. (For clarification, it is agreed that having been diagnosed as HIV positive is not alone considered a “serious medical condition” for the purposes of this clause.)

1.9. If you sustain an injury or illness while participating in any role in Gay Games 11, you hereby authorize any medical or health personnel to perform and administer first aid medical treatment as deemed necessary and to seek more specialized medical attention at hospitals and health care institutions if deemed necessary by any first aid and medical staff or contractors of the Host.

1.10. You agree that you have hereby been advised to acquire adequate personal and health care insurance as a Registrant in Gay Games 11. You accept that it is your responsibility to organize your own travel insurance, health care insurance, property insurance, liability insurance and personal accident insurance to cover you and your property for the whole period of Gay Games 11, including travel to, from and during Gay Games 11.

1.11. You agree that you will be at least eighteen years old at the beginning of Gay Games 11.

1.12. You also agree to abide by and comply with all applicable laws and regulations, in particular, those of Hong Kong. You should also respect all local cultures and traditions where possible.

1.13. You may withdraw from participating in Gay Games 11 and/or sporting event(s) by notice to the Host or by simply not attending, but your participation and/or sport registration fee will not be refunded.

2. Disclaimer of Liability – Limitation of Liability — Assumption of Risk

2.1. You acknowledge that beyond a refund of your sport registration fee(s) (excluding any currency conversion charge already incurred by the Host), the Host is not liable to compensate you or to refund to you any other costs or expenses you may have incurred if events or activities are cancelled pursuant to Section 1.5 above.

2.2. In no event shall the Host be liable for property loss or damage and/or personal injuries suffered by you other than those which are caused by gross negligence or intentional misconduct of the Host, or the authorized actions of its management, officers, trustees, directors, employees, agents or authorized representatives (the “Released Persons“) that are intentional or grossly negligent. In any event, to the extent permitted by law, damages shall be limited to the actual current value of the property that is lost or damaged, and for actual personal injuries, and in no case will the Host be liable for incidental or consequential damages, loss of profits, inconvenience or increased travel costs. This limit of liability shall apply to the Host as well as to the Released Persons and the Federation.

2.3. In no case will the Host be responsible for the acts, inactions, expression or statement of any of its officers, trustees, sponsors, employees, representatives, agents, volunteers, venue providers, the Federation and/or third parties which are not authorized by the Host. The Host will not be responsible for any acts, inactions, expression or statement of Registrants or attendees of Gay Games 11 or related activities against other Registrants or attendees.

2.4. All Registrants acknowledge that they have considered the risks involved in such participation, as well as the losses that might arise should the participation result in said loss, including but not limited to injury or loss of life to/of Registrants and others, as well as property damage to the possessions and other property of Registrants during Gay Games 11 and its related activities. Each Registrant fully acknowledges and agrees to assume the risk of such loss to the extent permitted by applicable law. You agree that, to the extent Control of Exemptions Clauses Ordinance of the laws of Hong Kong (“CECO“) applies to these Terms and Conditions, the application of CECO to the waivers provided hereunder shall be limited to the maximum extent permitted by law.

2.5. The limitations of liability in this Section 2 apply to any event or any other activity that is part of or related to Gay Games 11.

3. Authorization re: Intellectual Property and Other Rights

In consideration of the acceptance of your registration to participate in any sport, event or role in Gay Games 11, you hereby grant on behalf of yourself, your heirs, assigns, agents and insurers, to the Host, the Federation and their respective directors, trustees, officers, employees, agents, insurers, subsidiaries, affiliates, successors, representatives, assigns and designees as well as to such other persons as they may designate from time to time (collectively the “Authorized Parties“), the following perpetual, worldwide and irrevocable authorizations, as set forth in Sections 4 and 5 below, in connection with your participation in and presence at Gay Games 11 (including but not limited to any performance that you may give, whether athletic or artistic).

4. General authorization for all Registrants

4.1. In consideration of the Host granting you permission to participate in Gay Games 11 and events and activities related thereto, you hereby agree, subject to the privacy policies of the Federation, that the Authorized Parties shall have the irrevocable, absolute right and permission (but not the obligation) to use in perpetuity, your name, likeness, voice and biographical and photographic material (including still or moving images of you, either alone or accompanied by other persons or material), in any manner and in any media and in any venue without restriction as to number of uses, throughout the world, for the purpose of promoting, publicizing, advertising and exploiting Gay Games 11, future Gay Games, and/or the Federation. This shall include any archiving, exhibition, results publication, communication to the public and distribution in any market by any means of telecommunication or distribution whatsoever, now known or later discovered, worldwide, in perpetuity and namely without limitation any exhibition, communication and distribution by means of electronic, Internet, motion pictures, photographs, radio, television, video discs, tapes and cassettes, DVDs, any print media in, or in connection with Gay Games 11, future Gay Games, and/or the Federation. You hereby acknowledge that Authorized Parties can proceed with any use of your name, likeness, voice and biographical and photographic material under Section 4.1 without giving you prior notice or receiving your approval.

4.2. You agree not to act in a way that would compete with or devalue the rights of the Federation, the Host and/or Gay Games 11, or those of specific sport clubs sponsors’ rights regarding intellectual property, branding potential, logo rights, exclusive presence, etc. at venues where events are being staged. If at any time during the event, officials designated by the Host determine, at their sole discretion, that your actions may result in the devaluation of said sponsor rights or interfere with the intellectual property rights of event sponsors, you will be required to immediately cease such action, including the removal of any uniforms, signs or other items that compete with sponsor or potentially devalue such sponsorship.

4.3. You agree that your participation in Gay Games 11, or attendance at any event or other activity related thereto does not entitle you to any intellectual property rights, and to the extent that any law may create such rights, you agree to waive and transfer said rights, as the case may be, to the Host or the Federation. You specifically waive, to the extent possible, any “moral rights,” rights of privacy or other rights arising from your attendance or participation in Gay Games 11 and its related events or activities.

4.4. You agree not to make any unauthorized use of Gay Games 11 logo or trademarks or any other intellectual property of the Federation or the Host, or in any way infringe those rights, including but not limited to unauthorized use of said intellectual property on personal or team uniforms/clothing, merchandise, paraphernalia or promotional material, or other property in your possession or owned by you, and to abide by Gay Games 11 rules and policies governing use of logos and trade names.

5. Authorization in respect of artistic performance(s)

5.1. Without limiting the generality of the above General Authorization for all Registrants, in respect of any Artistic Performance (as defined below) you may give at, or in connection with Gay Games 11, you also grant Authorized Parties the following perpetual and exclusive worldwide rights and waiver:

  1. to record or otherwise reproduce and archive by any means and in any support whatsoever, now known or later discovered, all or any part of your Artistic Performance;
  2. to exhibit, communicate to the public and distribute in any market your Artistic Performance or any part thereof by any means of telecommunication or distribution whatsoever, now known or later discovered; this includes without limitation any exhibition, communication and distribution by means of Internet, motion pictures, photographs, radio, television, video discs, tapes and cassettes, DVDs or any print media;
  3. to cut, edit, add to, subtract from, arrange, rearrange, shorten and revise your Artistic Performance in any manner as Authorized Parties may determine including without limitation the right to make derivative works; in their sole reasonable discretion;
  4. to use your Artistic Performance in connection with the advertising and promotion of Gay Games 11, future Gay Games, the Gay Games organization and similar events and of the respective activities of the Authorized Parties;
  5. to allow the Host or the Federation to assign and license to others any or all their rights under this waiver;
  6. to the extent any Artistic Performance results in intellectual property that could be deemed a “work for hire”, you hereby assign to the Host all rights in and ownership of said intellectual property; and
  7. you specifically waive, to the extent possible, any “moral rights,” rights of privacy or other rights arising from your Artistic Performance.

 

Artistic Performance” shall include artistic performances of any kind and nature and any and all intellectual property rights arising from or related thereto and shall not be limited to musical, instrumental, speaking, presentation, vocal or singing performances or other sound effects produced by you as well as any dance or theatrical performances, and shall include all visual, aural and other media capable of being sensed by a human being that arises from or is part of an Artistic Performance.

5.2. Without limiting the generality of all authorizations given above, you hereby specifically consent to the use by the Authorized Parties, of your name, likeness, voice and biographical and photographic material in connection with your Artistic Performance at Gay Games 11 for the purpose of promoting, publicizing, advertising and exploiting Gay Games 11, future Gay Games, the Gay Games organization and similar events and the respective activities of the Authorized Parties.

5.3 You acknowledge that unless you perform a piece composed or written by yourself, most music, lyrics and songs in the public domain is owned by third parties, and you agree to obtain a licence if you perform any music, lyrics and songs owned by third parties. As the Host cannot be held responsible for such potential intellectual property right infringement, you agree to indemnify (and keep indemnified), defend and hold harmless the Host from all demands, liabilities, claims, costs (professional or otherwise), expenses, damages, losses, and obligations, of any kind or nature (whether in law or in equity), which may arise or result (either directly or indirectly) from your performance of third party music, lyrics or songs.

6. Legal Effect and Governing Law

6.1 These Terms and Conditions shall be governed and construed in accordance with the laws of Hong Kong.

6.2 All disputes or complaints arising out of or in connection with these Terms and Conditions shall be submitted, in the first instance, to a committee comprising of members appointed by GGHK (“Disputes 委員會”) for determination.

6.3 If, and to the extent that, any dispute or complaint cannot be resolved by the Disputes Committee as provided for in clause 6.2 above, it may by either party, be referred to and finally determined by the courts. The courts of Hong Kong will have exclusive jurisdiction over all disputes arising from or related to these Terms and Conditions and you agree that, other than the Disputes Committee, such courts are the proper forum for the determination of any dispute arising out of or relating to this agreement, and shall be the only courts to adjudicate any such disputes. You agree that service of process arising out of any such adjudication shall be, unless otherwise required by law, upon said party by certified mail-return receipt requested, or the nearest reasonable and practical equivalent thereto in the country where process is to be served. The address to be used for any such service of process shall be:

  1. If upon a Registrant, the address provided in the Registrant’s registration form (whether online or in writing); or
  2. If upon the Host, its principal place of business as of the first day of Gay Games 11;

 

and will constitute good and effective service for all purposes. If this agreement is translated, the English language version will govern. The application of the United Nations Convention on International Sale of Goods is explicitly excluded. No trade usage will be used to explain or supplement this agreement.