To ensure clarity and mutual understanding, the following terms and their respective definitions shall govern the interpretation and application of this participant agreement (“GRU Code”):
1.1 „Early Birds“ refers to the organization Early Birds Vienna Sportgemeinschaft, registered under ZVR: 1670254699;
1.2 „Training“ refers to the training and workout sessions organized and conducted by Early Birds or if applicable, in collaboration with third parties;
1.3 „Event“ refers to the events and workshops organized and conducted by Early Birds or if applicable, in collaboration with third parties;
1.4 „Coach“ refers to the voluntary organizers and leaders of the Early Birds Trainings.
1.5 „GRU Member“ refers to an individual who participates or intends to participate in the Early Birds Trainings and Events.
1.6 „GRU Code“ refers to the acceptance of the terms and conditions between Early Birds and the GRU Member, in accordance with these General Terms and Conditions.
1.7 „Core Team“ refers to the group of volunteers responsible for strategic planning, training plans, events, communications, and marketing.
1.8 „Heylo“ refers to the Heylo website and Heylo application, owned by Piccup Inc., where the acceptance of these terms and conditions takes place.
2 Training & Event Participation
2.1 Registration and Agreement:
- To participate in any Training or Event, GRU Members must register on Heylo and join the Early Birds group on Heylo.
- By registering, you acknowledge and consent to comply with the terms of this agreement.
2.2 Attendance and Punctuality:
- Arrive on time for training sessions and events to ensure smooth organization and preparation.
- If you are unable to attend a scheduled training or event, inform the relevant organizers or coaches via deregistering to the training or event on Heylo in advance to help with planning and team coordination.
2.3 Advance Registration:
- To secure participation in a Training or Event, advance registration is necessary.
- Certain sessions may have limited capacity, so early registration is encouraged.
2.4 Schedule and Location Changes:
- Trainings and Events are subject to change.
- Early Birds will make reasonable efforts to inform GRU Members in case of rescheduling or cancellation and/or relocating.
2.5 Age Requirement:
- GRU Members must be over the age of 18 to participate in Early Birds Trainings and Events.
2.6 Early Birds‘ Rights:
- Early Birds retains the right to design, modify, cancel Trainings and Events, as well as limit the number of GRU Members.
- Early Birds reserves the option to charge fees for Trainings and Events.
2.7 Use of Collected Funds:
- As a non-profit organization, Early Birds will reinvest funds collected or use them to cover incurred expenses.
2.8 Compliance with Participation Rules:
- All GRU Members must follow the rules governing participation in Trainings and Events.
- Failure to comply may result in exclusion from the Event and/or the community.
3 Code of Conduct
3.1 Inclusivity and Diversity:
- Early Birds is an inclusive sports community that welcomes individuals of all genders, nationalities, religious affiliations, cultural backgrounds, and sexual orientations.
- Treat all members with respect, embracing diversity and fostering an environment free from discrimination.
3.2 Responsible Posting and Communication:
- Exercise responsible posting in the Early Birds Heylo Group and other community platforms.
- Do not share or attempt to share any content that contains or relates to violence, sex, profanity, racism, sexism, religion, gambling, pornography, abortion, hate speech, extreme political views, fake news, or any highly explosive subject matter.
- Sexual content may be permissible if presented in an educational and/or informational context.
3.3 Respectful Behavior:
- Treat all community members with respect, regardless of their background or beliefs.
- Refrain from engaging in any form of disrespectful behavior, including but not limited to harassment, discrimination, or bullying.
3.4 Non-violence and Safety:
- Maintain a non-violent and safe environment during all Early Birds activities.
- Avoid engaging in any physically harmful actions or encouraging violence.
3.5 Sportsmanship and Fair Play:
- Embrace the values of sportsmanship and fair play.
- Uphold the rules and regulations of the specific sports being played.
- Respect opponents, teammates, coaches, and officials.
3.6 Compliance with Coach Requests:
- All GRU members agree to comply with all reasonable requests made by Early Birds Coaches concerning health and safety, as well as ensuring the smooth operation of Trainings and Events.
- Recognize that Coaches are the only members with insurance coverage to conduct sessions.
- Understand that Coaches act as volunteers and are not employees of Early Birds.
- Note that there is no entitlement to service delivery from Early Birds.
3.7 Confidentiality and Privacy:
- Respect the confidentiality and privacy of all community members.
- Do not share personal information without explicit consent.
3.8 Reporting Violations:
- Complaints or reports regarding inappropriate or unacceptable behavior should be submitted through the feedback section on Heylo.
- Alternatively, feedback can be submitted via the website: https://earlybirds.community/feedback/.
- Contact email@example.com if you prefer to report directly via email.
- Provide accurate and detailed information regarding incidents to aid in appropriate resolution.
3.9 Consequences of Violations:
- Violations of the code of conduct may result in disciplinary actions, such as warnings, temporary suspensions, or permanent bans from participating in Early Birds activities as well as the Early Birds Heylo group.
- The severity of the violation and its impact on the community will be considered when determining consequences.
By participating in any Trainings or Events of the Early Birds, you agree to adhere to this code of conduct. Let’s create a supportive and inclusive environment where all members can enjoy sports without fear of discrimination or offensive content.
4 Health, Safety & Risk
By participating in any activities, trainings, and events organized by Early Birds, all GRU Members acknowledge and agree to the following Health, Safety & Risk clause:
4.1 Medical Advice:
All GRU Members are strongly recommended to seek medical advice and obtain a thorough physical examination before participating in any trainings or events organized by the Early Birds. It is the responsibility of each GRU Member to ensure that they are physically and medically fit to engage in such activities.
4.2 Assumption of Responsibility:
All GRU Members voluntarily assume full responsibility for any injuries, health problems, or consequences that may arise during or as a result of their participation in any trainings or events organized by the Early Birds. This includes but is not limited to, any physical injuries, illnesses, accidents, or exacerbation of pre-existing conditions.
4.3 Limitation of Liability:
The Early Birds, its coaches, staff, volunteers, and affiliates shall not be held liable for any injuries, health problems, losses, damages, or claims arising from or related to the participation in trainings or events, unless caused by gross negligence or intentional misconduct on the part of the Early Birds.
4.4 Acknowledgment of Risk:
GRU Members understand and acknowledge that engaging in any physical activity involves inherent risks, including the risk of serious bodily injury, illness, or even death. Such risks may result from the nature of the activity itself, the actions or omissions of other GRU Members, equipment failure, or other unforeseen circumstances.
4.5 Safety Guidelines:
GRU Members are required to follow all safety guidelines, rules, and instructions provided by the Early Birds, coaches, and staff. Failure to comply with these guidelines may result in the GRU Member’s removal from the activity or event.
4.6 Emergency Medical Treatment:
In the event of an emergency, GRU Members authorize the Early Birds and its representatives to secure and consent to emergency medical treatment or hospitalization, if deemed necessary. GRU Members understand that they will be responsible for any costs associated with such medical treatment or hospitalization.
GRU Members are responsible for maintaining their own medical, health, and accident insurance coverage. The Early Birds does not provide any form of insurance coverage for GRU Members.
If any provision of this clause is deemed to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By participating in any trainings or events organized by the Early Birds, GRU Members acknowledge that they have read and understood this Health, Safety & Risk clause, and voluntarily agree to its terms and conditions.
5 No Show Policy
In the event that any GRU Member fails to cancel their attendance at least 12 hours prior, or in individual cases also at a different point in time as defined in the respective event description, the scheduled event, the following conditions shall apply:
– Refunds: No refunds will be given for any fees or charges associated with the event.
– No Show Fee: In lieu of refunds, a predetermined no show fee might be levied on Particiapnts who do not provide a cancellation notice within the specified timeframe.
– Fee Amount: The exact amount of the no show fee shall be defined and communicated to Particiapnts prior to their registration for the event.
– Payment Obligation: Particiapnts shall be obligated to pay the specified no show fee within a reasonable timeframe, as determined by the Early Birds.
– Payment Method: The payment for the no show fee shall be made using a method acceptable to Early Birds, such as credit card, electronic funds transfer, or any other agreed-upon payment mechanism.
– Waiver: Early Birds reserves the right to waive the no show fee in exceptional circumstances, at their sole discretion.
– Agreement Acceptance: By participating in the event and registering as a Particiapnt, individuals acknowledge and accept the terms of this no show clause, including the potential imposition of the no show fee.
6 Lost or Stolen Property
GRU Members acknowledge and understand that Early Birds and its affiliates are not responsible for any lost, stolen, or damaged personal property during the course of the activities. By participating in these activities, GRU Members agree to release Early Birds, its organizers, employees, volunteers, and affiliates from any liability or responsibility for lost, stolen, or damaged personal property.
GRU Members are solely responsible for the safekeeping of their personal belongings, including but not limited to clothing, equipment, valuables, and electronic devices. It is strongly recommended that GRU Members do not bring any items of significant value to the activities. Early Birds does not provide any secure storage facilities, and GRU Members should make their own arrangements to safeguard their personal belongings.
GRU Members are advised to keep their personal belongings under constant supervision and take appropriate precautions to minimize the risk of loss, theft, or damage. This may include using lockers, securing belongings in designated areas, or entrusting personal items to a trusted individual. Early Birds and its affiliates shall not be held liable for any failure to safeguard personal belongings.
In the event that a GRU Member’s personal property is lost, stolen, or damaged during the activities, Early Birds and its affiliates are not obligated to provide any compensation or replacement for the lost or damaged items. GRU Members understand that they assume all risks associated with bringing personal belongings to the activities and agree to hold Early Birds harmless for any loss, theft, or damage to their personal property.
GRU Members are encouraged to maintain proper insurance coverage to protect their personal property from loss, theft, or damage during the activities. It is the GRU Member’s responsibility to arrange for insurance coverage as they deem necessary.
By participating in the activities organized by Early Birds, GRU Members acknowledge their understanding and acceptance of this „Lost or Stolen Property“ clause and agree to release Early Birds, its organizers, employees, volunteers, and affiliates from any liability or responsibility for any lost, stolen, or damaged personal property.
During the participation in training sessions and events organized by Early Birds, it is understood that Early Birds or its affiliated parties may capture photos and videos for marketing and promotional purposes. By participating in these activities, all members of the sports community, collectively referred to as GRU Members, grant explicit consent to the use of such visual materials by Early Birds, its affiliates, sponsors, and third-party vendors.
The granted permission includes the processing of personal data contained in the captured visual materials, such as images and voices, for the purposes of promoting and advertising Early Birds and its associated activities. Early Birds commits to comply with the General Data Protection Regulation (GDPR) and any applicable data protection laws in the processing of personal data obtained through the captured visual materials.
GRU Members understand that their personal data, including their likeness, image, or voice, may be shared and processed by Early Birds, its affiliates, sponsors, and third-party vendors. They acknowledge that their personal data may be transferred to countries outside the European Economic Area (EEA) and agree to such transfers, provided they are in compliance with the necessary safeguards required by GDPR.
GRU Members have the right to withdraw their consent at any time by contacting Early Birds in writing. Upon receipt of a withdrawal request, Early Birds will promptly cease using and processing the personal data contained in the captured visual materials, to the extent legally permissible. However, GRU Members acknowledge that it may not always be possible to remove or cease the use of the visual materials that have already been published or distributed.
Early Birds will take appropriate technical and organizational measures to protect the personal data obtained from the captured visual materials against unauthorized access, loss, destruction, or alteration. Early Birds will retain the personal data only for as long as necessary to fulfill the purposes for which it was collected or as required by law.
By participating in the training sessions and events organized by Early Birds, GRU Members affirm their understanding and acceptance of this „Permission to Use Content“ clause, granting Early Birds, its affiliates, sponsors, and third-party vendors the right to use captured photos and videos for marketing and promotional purposes in compliance with GDPR.
8 Limitation of Liability
By participating in any Trainings or Events of the Early Birds, you acknowledge and agree that the Early Birds and its administrators, organizers, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your participation in any activities, events, or interactions within the Early Birds.
8.1 Assumption of Risk:
You understand and acknowledge that participating in sports activities involves inherent risks, including but not limited to physical injury, property damage, or loss. By joining, you voluntarily assume all such risks and agree to hold the Early Birds and its representatives harmless from any liability or claim arising out of your participation.
8.2 Release of Liability:
To the fullest extent permitted by law, you hereby release, discharge, and hold harmless the Early Birds, its administrators, organizers, employees, and affiliates from any and all claims, demands, suits, or causes of action arising out of or related to your participation. This release includes, but is not limited to, any claims for negligence, breach of contract, or personal injury.
You agree to indemnify and defend the Early Birds, its administrators, organizers, employees, and affiliates against any claims, liabilities, damages, expenses, or losses arising out of or in connection with your actions, omissions, or participation. This includes any claims brought by third parties as a result of your violation of these terms and conditions or any applicable laws or regulations.
8.4 No Warranty:
The Early Birds makes no warranties, representations, or guarantees, either express or implied, regarding the accuracy, reliability, completeness, or suitability of any information, content, or advice provided. You acknowledge that any reliance on such information is at your own risk, and the Early Birds shall not be held liable for any damages resulting from such reliance.
8.5 Third-Party Activities and Services:
The Early Birds may provide information or links to third-party activities, services, or products. Any participation in or reliance on these third-party offerings is solely at your own discretion and risk. The Early Birds shall not be responsible or liable for any damages, losses, or disputes arising out of or in connection with such third-party activities or services.
8.6 Limitation of Liability:
In no event shall the Early Birds or its administrators, organizers, employees, or affiliates be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your participation, whether based on contract, tort, negligence, strict liability, or any other legal theory.
By joining the Community, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions, including the Limitation of Liability clause. If you do not agree to these terms, you should not participate in the Community.
9 Consent to the Processing of Personal Data
By joining, you expressly consent to the collection, storage, use, disclosure, and processing of your personal data as described in these terms and conditions. This consent applies to Early Birds, its affiliates, sponsors, and third-party vendors („Data Processors“) who may be involved in the operation and management of the Community.
9.1 Personal Data Collection:
You understand and acknowledge that certain personal data may be collected during your participation in the Community. This may include, but is not limited to, your name, contact information, age, gender, photographs, videos, and any other information you provide voluntarily.
9.2 Purpose of Processing:
The personal data collected may be used for the following purposes:
9.2.1 Facilitating your participation in the community, including training and event registration and communication.
9.2.2 Managing and operating the community, including organizing activities, maintaining member databases, and providing support services.
9.2.3 Analyzing and improving the Community’s performance, features, and user experience.
9.2.4 Communicating with you about the community, updates, promotions, and other relevant information.
9.2.5 Complying with legal obligations and enforcing these terms and conditions.
9.3 Data Sharing and Disclosure:
You acknowledge and agree that your personal data may be shared with the Data Processors for the purposes outlined above. This includes sharing data with affiliates, sponsors, and third-party vendors who provide services such as, but not limited to, event management, marketing, analytics, and customer support. Data sharing is based on the necessity of fulfilling the contractual obligations of the community. Any data shared with third parties will be subject to their respective privacy policies and data protection practices.
9.4 Data Security:
The Data Processors will implement appropriate technical and organizational measures, including encryption and access controls, to protect your personal data against unauthorized access, loss, or alteration. However, you acknowledge that no security measures are foolproof, and the Data Processors cannot guarantee absolute data security.
9.5 Data Retention:
The personal data collected will be retained for as long as necessary to fulfill the purposes outlined in these terms and conditions or as required by applicable laws and regulations. Data retention periods will be determined based on the legitimate interests pursued by the Early Birds or by applicable legal requirements. After this period, your personal data will be securely deleted or anonymized.
9.6 Rights and Choices:
You have certain rights regarding your personal data, including the right to access, rectify, delete, restrict processing, and the right to data portability. You may also withdraw your consent at any time, subject to any legal obligations. To exercise these rights or make any data-related inquiries, please contact the Data Processors using firstname.lastname@example.org.
9.7 International Data Transfers:
The Data Processors may transfer and process your personal data in countries outside of your residence, including jurisdictions that may not have the same level of data protection laws. By joining and providing your personal data, you consent to such transfers.
10 Modification of the Agreement
Early Birds reserves the right to modify the terms and conditions of this GRU Code at any time. Any modifications to the agreement will be effective immediately upon publication on the Heylo platform, which serves as the official communication channel for Early Birds.
GRU Members are responsible for regularly reviewing the Heylo platform to stay informed about any updates or modifications to the waiver agreement. By continuing to participate in the activities organized by Early Birds after the modifications have been published, GRU Members indicate their acceptance of the modified terms and conditions.
Early Birds will make reasonable efforts to notify GRU Members of any significant changes to the agreement via Heylo. However, it is the GRU Member’s responsibility to regularly check the Heylo platform for the most up-to-date version of the waiver agreement.
In the event of any conflict between previous versions of the waiver agreement and the most recent modifications, the most recent modifications will prevail. GRU Members are encouraged to seek legal advice or clarification if they have any questions or concerns regarding the modified terms and conditions of the agreement.
By participating in the activities organized by Early Birds, GRU Members acknowledge their understanding and acceptance of the „Modification of the Agreement“ clause and agree to be bound by any modifications made by Early Birds as published on the Heylo platform.
11 Applicable Law and Jurisdiction
This waiver agreement shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law principles.
Any dispute arising out of or in connection with this agreement, including disputes regarding its existence, validity, interpretation, performance, or termination, shall be exclusively subject to the jurisdiction of the courts in Vienna, Austria.
GRU Members agree that any legal action, suit, or proceeding arising out of or relating to this agreement shall be brought solely in the courts of Vienna, Austria, and irrevocably consent to the jurisdiction and venue of such courts. GRU Members further waive any objection to the laying of venue in any such court, or any claim that such court is an inconvenient forum.
The choice of Vienna, Austria, as the sole jurisdiction for any legal disputes or claims under this agreement is mutually agreed upon by the parties involved, and it is understood that this provision does not deprive any party of the right to seek injunctive or other equitable relief in any court of competent jurisdiction.
This clause shall survive the termination or expiration of this waiver agreement.
12 Severability Clause
In the event that any provision or part of this agreement is deemed to be invalid, unenforceable, or contrary to applicable laws or regulations by a court of competent jurisdiction, such invalidity, unenforceability, or contrariness shall not affect the validity or enforceability of the remaining provisions or parts of this agreement. The parties hereby agree that any such invalid, unenforceable, or contrary provision or part shall be severed and replaced with a valid and enforceable provision that closely reflects the intent of the original provision to the maximum extent permitted by law. The remaining provisions or parts of this agreement shall continue in full force and effect.
13 Responsible Party for the Content
Organization: Early Birds Vienna Sportgemeinschaft
Organization Address: Gentzgasse 25/27, 1180 Vienna
By joining, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions, including the Limitation of Liability clause. If you do not agree to these terms, you should not participate.