PUBLIC OFFER
to Join the Mass Sports Running Event

Registration and Participation Terms and Conditions

 1.                  GENERAL PROVISIONS

1.1.            This document is the Public Offer by “Courage to be the First” Corporate Fund, BIN: 140840008587, duly represented by Executive Director Saltanat Nurtassovna Kazybayeva, acting on the basis of the Charter, hereinafter referred to as “the Organiыer”, made to the natural persons willing to accede to the uniform terms and conditions of registration and participation in a mass sports running event conducted for an unlimited number of persons in accordance with pre-established rules. The Organiser, in accordance with its Charter, carries out activities aimed at the development of physical culture and mass sports, the promotion of a healthy lifestyle, and the organisation of mass sports events.

1.2.            This Offer has been prepared in accordance with the provisions of the Civil Code of the Republic of Kazakhstan governing freedom of contract, contracts of adhesion, offers, public offers, acceptance, and the procedure for entering into contracts.

1.3.            This Offer sets forth the terms and conditions of the contract entered into by the Participant’s accession to this Offer and the applicable Regulations governing the Event. The specific terms and conditions of each Event, including the date, venue, race distances, participant limit, Registration Fee amount, registration period, procedure for issuing race materials, procedures for postponement, registration transfer, change of race distance, and admission to participation, shall be determined by the applicable Regulations and the Information Sources of the Organiser.

1.4.            This Offer constitutes the Organiser’s intention to be bound by its terms and conditions upon the Participant’s full and unconditional acceptance thereof.

1.5.            Acceptance of this Offer shall be effected by the Participant indicating that they have read and agree to this Offer and the Regulations governing the Event, and by payment of the Registration Fee.

1.6.            An individual who meets the age and other eligibility requirements established by the Organiser for the respective race distance of the Event and who has accepted this Offer in accordance with the procedure set forth herein and in the applicable Regulations shall become a Participant, and the Organiser and the Participant shall jointly become the Parties to the contract of adhesion entered into on the terms and conditions of this Offer and the applicable Regulations governing the Event.

1.7.            A Participant under this Offer may be an individual who meets the age and other eligibility requirements established by the Organiser for the respective race distance of the Event. A Participant of full age shall accept this Offer independently. Participation by a minor shall be permitted subject to compliance with the requirements set forth in this Offer and the Regulations governing the Event. Acceptance of this Offer, as well as the provision of all necessary consents and confirmations in respect of a minor, shall be carried out by the minor and/or their legal representative in accordance with the procedure established by the legislation of the Republic of Kazakhstan. The legal representative confirms the accuracy of the information provided and independently assesses the minor’s ability to participate in the Event, taking into account the minor’s age, physical fitness, and health condition.

1.8.            If the Participant does not agree with any provision of this Offer or the Regulations, the amount of the Registration Fee, the terms and conditions for postponement, transfer of registration, change of race distance, admission to participation, or any other rules of the Organiser, the Organiser recommends that the Participant refrain from registration and not pay the Registration Fee.

1.9.            By acceding to this Offer, the Participant confirms that they have read, understood, and agreed to all rules set forth in this Offer and the applicable Regulations governing the Event, and accept such rules unconditionally and in their entirety.

1.10.        This Offer sets forth the procedure for the Participant’s accession to the terms and conditions of registration and participation in the Event, which is organised by the Organiser as a unified set of activities and is carried out not pursuant to an individual request from any particular Participant, but for an indefinite group of persons in accordance with uniform, pre-established rules governing the conduct of the Event.

1.11.        The Organiser does not accept any individual assignment from the Participant, does not produce an individualised result for the Participant, does not guarantee that the Participant will achieve any particular sporting result, does not modify the procedure for conducting the Event to accommodate the individual circumstances of a particular Participant, and does not undertake to ensure the Participant’s actual participation in the race.

1.12.        By accepting this Offer, the Participant does not acquire the right to require the Organiser to perform any individually specified actions, amend the rules governing the Event, or achieve any particular result.

1.13.        The Organiser shall be responsible for the compliance of the information stated in this document with the applicable legislation of the Republic of Kazakhstan, as well as the actual circumstances.

 

2.                  TERMS AND DEFINITIONS

2.1.            The “Offer” refers to this document, published on the Organiser’s Website and addressed to an indefinite group of persons.

2.2.            The “Organiser” refers to “Courage to Be the First” Corporate Fund responsible for the preparation and conduct of mass sports running events.

2.3.            The “Participant” refers to an individual who has acceded to this Offer by completing the registration process and paying the Registration Fee, or on whose behalf registration has been completed by a legal representative.

2.4.            The “Event” refers to a mass sports running event organised and conducted by the Organiser for an indefinite group of persons in accordance with pre-approved Regulations, comprising one or more running distances and/or sporting disciplines. In the cases provided for in the Regulations, a particular race distance or part of the Event may be conducted in the format of a sporting competition, with sporting results and winners determined. Pursuant to subparagraphs 42) and 40-1) of Article 1 of the Law of the Republic of Kazakhstan “On Physical Culture and Sports,” the Event constitutes both a sporting competition and a mass sports event.

2.5.            The “Regulations” refers to a document issued by the Organiser that sets forth the specific terms and conditions for the conduct of a particular Event, including the date, venue, race distances, participant limit, admission procedure, procedure for issuing race materials, safety rules, deadlines, and other conditions of participation.

2.6.            The “Organiser’s Website” refers to the Organiser’s internet resource at https://www.almaty-marathon.kz/ and/or any other official internet resource used by the Organiser for registration, providing information to Participants, and publishing documents.

2.7.            The “Personal Account” refers to an electronic section of the Organiser’s Website used by the Participant to register, select an Event and race distance, pay the Registration Fee, receive information, and perform other actions provided for by the Organiser.

2.8.            The “Registration Fee” refers to a designated registration fee payable by the Participant for the purpose of acceding to the terms and conditions of participation in the Event, reserving a Slot, including the Participant in the registration lists, preparing race materials, planning the organisation of the Event, and admitting the Participant to the Event subject to compliance with the terms and conditions of this Offer and the Regulations. The Registration Fee does not constitute payment for an individual assignment of the Participant, an individual result, or a guaranteed sporting result, nor does it constitute remuneration for the provision of any individually specified service to the Participant, payment for goods, or payment for completed work.

2.9.            The “Slot” refers to a limited place allocated to a Participant within the participant limit established by the Organiser for the relevant Event and reserved for the Participant upon completion of registration and payment of the Registration Fee.

2.10.        The “Race Materials” refers to a BIB number, timing chip, participant pack, wristband, stickers, informational materials, and other items and identifiers prepared by the Organiser for the Participant’s admission to and/or participation in the Event.

2.11.        The “Organiser’s Information Sources” refers to the Organiser’s Website, Personal Account, official social media pages of the Organiser, email, SMS, push notifications, and other information channels used by the Organiser.

2.12.        The “Acceptance” refers to the Participant’s full and unconditional acceptance of this Offer by taking the actions provided for herein.

2.13.        The “Contract of Adhesion” refers to a contract between the Organiser and the Participant entered into by the Participant’s full and unconditional Acceptance of this Offer and which does not constitute a contract for the sale of goods, provision of services, or performance of works.

 

3.                  SUBJECT OF THE OFFER

3.1.            The subject of this Offer is the Participant’s accession to the uniform terms and conditions of registration and participation in the Event conducted for an indefinite group of persons in accordance with pre-established rules, in the manner and on the terms and conditions set forth in this Offer and the applicable Regulations governing the Event.

3.2.            Accession to the terms and conditions of participation includes the Participant’s registration, reservation of a Slot within the established participant limit, inclusion of the Participant in the registration and race lists, preparation of race materials, organisational planning of the Event, and admission of the Participant to participation subject to compliance with the terms and conditions of this Offer and the Regulations.

3.3.            The Event shall be conducted by the Organiser in the format, at the venue, on the date and at the time, along the route, and over the race distances and in accordance with the rules specified in the Regulations governing the relevant Event and the Organiser’s Information Sources.

3.4.            The description and characteristics of the Event, its date and venue, race distances, age categories, participant limits, Registration Fee, admission procedure, procedure for issuing the Race Materials, participation rules, and other specific terms and conditions shall be set forth in the applicable Regulations governing the Event published on the Organiser’s Website.

3.5.            The Participant shall review the applicable Regulations governing the Event prior to completing registration and paying the Registration Fee.

3.6.            The Participant shall independently select the Event, race distance, participation category, and other registration parameters from among those available on the Organiser’s Website.

3.7.            The Participant shall independently assess their physical capabilities, health condition, level of fitness, any contraindications, ability to arrive at the Event venue, and other circumstances affecting their actual participation.

3.8.            The Organiser shall not be liable for the Participant’s erroneous selection of the Event, race distance, date, city, or participation category, incorrect provision of personal data, inability of the Participant to arrive at the Event venue, changes to the Participant’s plans, or any other circumstances arising on the Participant’s side.

3.9.            During registration for the Event, the Participant may, through the Personal Account, purchase ancillary goods and additional options, provided that such goods and options are available for the relevant Event.

3.10.        The purchase of ancillary goods and additional options shall not alter the legal nature of the Registration Fee or affect the terms and conditions governing registration, postponement, transfer of registration, or change of race distance established by this Offer and the Regulations, and shall not otherwise alter the legal nature of the Registration Fee or the terms and conditions of participation in the Event.

3.11.        The Organiser shall conduct the Event as a unified set of organisational, technical, sporting, and administrative activities for an indefinite group of persons in accordance with pre-established rules.

3.12.        The Organiser does not accept any individual assignment from the Participant, does not produce an individualised result for the Participant, does not guarantee that the Participant will achieve any particular sporting result, does not modify the procedure for conducting the Event to accommodate the individual circumstances of a particular Participant, and does not undertake to ensure the Participant’s actual participation in the race or the achievement of any particular results.

 

4.                  PROCEDURE FOR ACCEPTANCE OF THE OFFER AND REGISTRATION

4.1.            Acceptance of this Offer shall be effected by the Participant sequentially taking the following actions:

4.1.1.      completing the registration form on the Organiser’s Website and/or in the Personal Account;

4.1.2.      selecting the Event, race distance, and other participation parameters;

4.1.3.      confirming that they have read and agree to this Offer and the applicable Regulations governing the Event by checking the appropriate box;

4.1.4.      confirming that they have read the terms and conditions governing postponement, transfer of registration, and change of race distance, where such confirmation is provided for in the registration form;

4.1.5.      providing consent to the collection and processing of personal data to the extent and for the purposes provided for in this Offer;

4.1.6.      paying the Registration Fee.

4.2.            The option to proceed with payment of the Registration Fee shall not be technically available unless the Participant has confirmed that they have read and agree to this Offer and the applicable Regulations governing the Event.

4.3.            Acceptance of this Offer shall be deemed completed upon successful payment of the Registration Fee. Prior to payment, the individual may discontinue the registration process and refrain from acceding to the terms and conditions of this Offer.

4.4.            Upon payment of the Registration Fee, the Acceptance shall be full and unconditional, and the Contract of Adhesion between the Organiser and the Participant shall be deemed entered into on the terms and conditions of this Offer and the applicable Regulations governing the Event.

4.5.            The Participant’s registration shall be deemed completed upon confirmation of successful payment of the Registration Fee by the payment system and/or acquiring bank and/or upon the corresponding status being reflected in the Organiser’s accounting system.

4.6.            Upon completion of registration, a Slot shall be reserved for the Participant within the established participant limit for the relevant Event.

4.7.            The Participant shall be responsible for the accuracy and completeness of the information provided during registration, including their surname, first name, date of birth, sex, citizenship, telephone number, email address, selected Event, race distance, and other information.

4.8.            If the Participant provides incorrect information, registers another person, or selects an incorrect Event or race distance, they shall immediately contact the Organiser. Changes to the registration information shall be permitted only where technically feasible and within the time limits established by the Organiser.

4.9.            The Organiser shall be entitled to refuse registration, cancel a registration, or deny admission to participation if the Participant has provided inaccurate information, violated the terms and conditions of this Offer or the Regulations, fails to meet the eligibility requirements, or has taken actions that pose a threat to the safety of the Event.

 

5.                  REGISTRATION FEE AND PAYMENTS

5.1.            The Organiser is a non-profit organisation and carries out its activities in accordance with its Charter and the legislation of the Republic of Kazakhstan. Registration Fees shall be used by the Organiser for the preparation and conduct of the Event, organisation of registration and admission to participation, reservation of Slots, preparation of Race Materials, ensuring safety, medical coordination, logistics, timing, provision of information support, and other organisational activities, as well as for the achievement of the Organiser’s statutory objectives in the areas of mass sports development, promotion of a healthy lifestyle and sports culture, and other statutory objectives.

5.2.            The Organiser shall be entitled to allocate a portion of the Registration Fees received toward the achievement of its statutory objectives, including social and charitable projects, provided that such allocation is consistent with the Organiser’s Charter and the legislation of the Republic of Kazakhstan.

5.3.            The Organiser shall provide organisational support for the Event, including establishing and allocating the participant limit, reserving Slots, compiling registration and race lists, preparing Race Materials, planning the start and finish area and route, timing, medical coordination, safety, logistics, information support, and other activities necessary for the preparation and conduct of the Event. Organisational and preparatory activities shall be carried out by the Organiser in respect of the Event as a whole and shall not be contingent upon the performance of any individual assignment by a particular Participant, payment of the Registration Fee by a particular Participant, or the actual participation of a particular Participant in the Event.

5.4.            The Registration Fee is a designated registration fee paid by the Participant for the purpose of registering and including the Participant in the Event participant system, reserving a Slot within the established participant limit, including the Participant in the registration and race lists, preparing Race Materials, and organizing the Participant’s admission to the Event, subject to compliance with the terms and conditions of this Offer and the applicable Regulations.

5.5.            Upon completion of registration, the Slot shall be removed from the available registration limit, and therefore the Organiser shall be entitled to plan the conduct of the Event on the basis of the registered Participant’s intended participation.

5.6.            The Registration Fee shall be paid by the Participant through the payment system and/or bank acquiring service integrated into the Organiser’s Website.

5.7.            The payment shall be deemed made upon receipt of confirmation of a successful transaction from the payment system and/or upon crediting of the funds to the Organiser, depending on the applicable acquiring technology.

5.8.            If, upon payment by bank card, the funds have been debited but the successful registration status has not been reflected in the Personal Account and/or on the Website, the Participant shall, within a reasonable period, contact the Organiser at the email address info@almaty-marathon.kz and attach supporting documents, including: receipt, payment slip, transaction statement, date and time of payment, payment amount, last four digits of the card.

5.9.            The Organiser shall verify the payment using the payment system data and inform the Participant of the outcome. Until the verification is completed, the Participant is advised to refrain from making another payment in order to avoid duplicate charges.

5.10.        In the event of a duplicate charge, duplicate payment, payment processing error, or erroneous crediting of funds without completed registration, provided that such fact is confirmed by the payment system and/or the Organiser, the Organiser shall refund the excess amount paid using the same payment method by which the payment was made, within 10 (ten) business days from the date on which the relevant fact is confirmed.

5.11.        The actual period for crediting the refunded funds to the card shall depend on the rules of the Participant’s card-issuing bank and/or payment service provider.

5.12.        The Organiser shall not be liable for failures in the operation of payment systems, banks, communication networks, or payment processing systems, or for actions of the Participant’s card-issuing bank, including refusal to process a transaction, blocking, applicable limits, currency conversion, or deduction of fees, provided that such circumstances did not arise through the fault of the Organiser.

5.13.        The Participant confirms that, when paying the Registration Fee, they use payment instruments lawfully belonging to them and/or act with the consent of the cardholder.

5.14.        The Participant shall be responsible for any consequences arising from the provision of incorrect payment details and/or the execution of a transaction without proper authorization.

5.15.        The purchase of ancillary goods and additional options, where such goods and options are available during registration, shall not alter the legal nature of the Registration Fee or affect the terms and conditions governing registration, postponement, or transfer of registration established by this Offer and the Regulations.

5.16.        If the registration form provides for a separate voluntary donation for the statutory and charitable purposes of the Organiser, such donation shall constitute an independent voluntary payment by the Participant and shall not be a condition for registration, reservation of a Slot, or admission to participation in the Event, nor shall it be included in the amount of the Registration Fee.

 

6.                  POSTPONEMENT, TRANSFER OF REGISTRATION, AND WITHDRAWAL FROM PARTICIPATION

6.1.            The Participant’s failure to attend the Event shall be deemed a voluntary decision not to exercise the right to participate granted to them. The Slot allocated to the Participant shall cease to be valid upon completion of the Event and shall not be subject to subsequent use, postponement, exchange, or compensation, unless otherwise expressly provided by the Organiser.

6.2.            If the Participant is unable or unwilling to participate in the Event, the Registration Fee shall not be automatically cancelled. The Organiser may provide the Participant with the option to transfer their participation to another Event organised by the Organiser, change their race distance, or transfer the Slot to another person in accordance with the procedure, within the time limits, and subject to the terms and conditions established by this Offer and the applicable Regulations governing the Event.

6.3.            Transfer of a Slot, change of race distance, and postponement of participation shall be permitted only where technically feasible, subject to availability of Slots, compliance with the deadlines established by the Regulations, and prior to the finalization of the race lists and/or preparation of personalised Race Materials.

6.4.            Transfer of a Slot, change of race distance, and postponement of participation shall be permitted no more than once, unless otherwise expressly established by the Organiser for a particular Event.

6.5.            Transfer of a Slot, change of race distance, and postponement of participation shall be subject to the Organiser’s costs associated with processing the request, modifying registration data, cancelling the previously assigned Slot and/or BIB number, and entering a new Participant or new registration into the Organiser’s registration systems.

6.6.            The Participant shall be responsible for providing complete and accurate information.

6.7.            Withdrawal from participation in the Event shall be the Participant’s right; however, the Participant’s withdrawal from participation for reasons attributable to the Participant, including a change of plans, erroneous selection of the Event, erroneous selection of the race distance, deterioration of health, illness or medical contraindications without an official medical certificate, family, personal, educational, transportation, or other circumstances arising on the Participant’s side, shall not constitute a breach by the Organiser and shall not give rise to an unconditional right to a refund of the Registration Fee.

6.8.            The Participant shall be entitled to submit a request for a refund of the Registration Fee in accordance with the procedure established by this Offer and the applicable Regulations governing the Event. Except for the cases provided for in Clause 6.13 of this Offer, each request for a refund of the Registration Fee shall be considered by the Organiser on an individual basis, taking into account the date of the request, the reason for withdrawal from participation, the stage of preparation for and conduct of the Event, and other circumstances of the particular case.

6.9.            Following consideration of the request, in cases not provided for in Clause 6.13 of this Offer, the Organiser shall decide whether to issue a full or partial refund of the Registration Fee or deny the refund, taking into account the terms and conditions of this Offer, the applicable Regulations, and the requirements of the legislation of the Republic of Kazakhstan.

6.10.        Where a decision is made to issue a partial refund, the Organiser shall be entitled to withhold up to 50% of the amount of the Registration Fee paid to cover costs associated with the organisation and preparation of the Event.

6.11.        By accepting this Offer, the Participant confirms that, prior to payment of the Registration Fee, they have reviewed the terms and conditions governing refunds, understand and accept the possibility of a full, partial, or no refund depending on the circumstances of the particular case.

6.12.        A request for a refund of the Registration Fee shall contain information sufficient to identify the Participant and their registration, payment details, the reason for the request, and, where necessary, documents confirming the circumstances specified in the request. The list of additional documents shall be determined by the Organiser based on the circumstances of the particular request.

6.13.        A 100% refund of the Registration Fee paid shall be made where the Participant’s inability to participate in the Event is caused by circumstances that objectively prevent their participation, including:

6.13.1.  the death of a close relative of the Participant or the Participant’s spouse, confirmed by a death certificate and documents confirming the relationship or family connection;

6.13.2.  an official medical certificate issued by the Participant’s attending physician prior to the date of the Event, stating a diagnosis and/or medical contraindication that expressly precludes the Participant from participating in a running event, running, or other physical activity;

6.13.3.  a business trip of the Participant, confirmed by a letter from their employer, a business trip order, or another official document issued by the employer demonstrating that the Participant is unable to participate in the Event on the date of its conduct.

6.13.4.  The provisions of Clauses 6.8–6.10 of this Offer shall not apply to the cases provided for in this Clause 6.13.

6.13.5.  Bank charges, payment system fees, currency conversion fees, charges withheld by the issuing bank, and other payment-related expenses not refunded to the Organiser by the bank or payment system shall not be reimbursed to the Participant and may be taken into account as part of the Organiser’s actual costs incurred.

6.14.        Requests for a refund of the Registration Fee received one (1) calendar day or less before the date of the Event, or thereafter, shall not be considered, except for the cases specified above (Clauses 6.13.1 - 6.13.3).

 

7.                  PARTICIPATION TERMS, HEALTH AND PARTICIPANT SAFETY

7.1.            By accepting the terms and conditions of this Offer, the Participant confirms that, during the Event, they shall not intentionally, under any circumstances, create situations that may cause harm to other participants of the Event, the Organiser, its employees, partners, sponsors, contractors, volunteers, or other persons, or damage to their property.

7.2.            The Participant shall comply with this Offer, the Regulations governing the Event, safety rules, and instructions issued by the Organiser, judges, medical personnel, volunteers, police officers, and other authorised persons.

7.3.            The Participant shall independently assess their health condition, physical fitness, and ability to participate in the Event. If there is any doubt as to their ability to participate, or in the event of chronic diseases, other medical conditions, or risk factors, the Participant is advised to consult a medical professional prior to participating in the Event. The Organiser does not conduct medical examinations of Participants and does not determine whether Participants have any medical contraindications to participation in the Event.

7.4.            By accepting this Offer, the Participant confirms that they have independently assessed their health condition and physical fitness and have made the decision to participate in the Event independently and at their own risk, taking into account the nature and anticipated physical exertion involved.

7.5.            By accepting the terms and conditions of this Offer, the Participant:

7.5.1.      undertakes, in the event of any deterioration of their health prior to and/or on the date of the Event, not to participate in the Event;

7.5.2.      acknowledges that participation in the Event involves physical exertion and health risks, and that the Participant is responsible for their own health condition, physical fitness, and compliance with safety requirements;

7.5.3.      confirms that the Organiser shall not be liable for harm to the Participant’s life or health, injuries, illnesses, deterioration of health, or loss of or damage to the Participant’s property if such consequences result from the Participant’s health condition, physiological characteristics, undiagnosed or latent medical conditions, inadequate physical fitness, the Participant’s independent decision to participate in the Event despite being aware of circumstances preventing their participation, failure to comply with safety requirements or instructions issued by the Organiser, judges, medical personnel, police officers, or volunteers, or from acts or omissions of the Participant or third parties;

7.5.4.      confirms that they have no objection to receiving first aid, if necessary;

7.5.5.      understands that the limitations of liability set forth herein shall not apply where the harm was caused by culpable acts or omissions of the Organiser established in accordance with the procedure prescribed by law;

7.5.6.      acknowledges and understands the complexity of the Event and confirms that they possess sufficient technical knowledge and experience to complete the declared race distance and are physically and psychologically prepared to participate in the Event;

7.6.            The Participant confirms that they shall be solely responsible for any health-related consequences arising directly or indirectly from the use, prior to and/or during the Event, of any stimulants, energy drinks, medicinal products, biologically active supplements, or other substances affecting the cardiovascular system, nervous system, and/or the general condition of the body.

7.7.            The Participant shall use the BIB number, timing chip, and other identifiers solely in person and only in accordance with the procedure established by the Regulations.

7.8.            Transfer of a Slot, BIB number, timing chip, or other identifiers to a third party without the Organiser’s prior approval is prohibited.

7.9.            If the Participant transfers a Slot, BIB number, timing chip, or other identifiers to a third party without the Organiser’s prior approval, the Organiser shall be entitled to cancel the registration, deny admission to participation, disqualify the persons concerned, and apply other consequences provided for by the Regulations. In such case, the Registration Fee shall not be refunded, as the relevant violation is attributable to the Participant.

 

8.                  RACE MATERIALS

8.1.            The composition of the Race Materials shall be determined by the Organiser independently for each Event and may vary depending on the format of the Event, race distance, participation category, and other terms and conditions.

8.2.            Race Materials shall be issued to the Participant in the manner, at the location, and within the time limits established by the Regulations governing the Event and/or the Organiser’s Information Sources.

8.3.            To receive the Race Materials, the Participant shall present the documents and/or information required by the Regulations governing the relevant Event.

8.4.            The Participant’s receipt of the Race Materials shall constitute confirmation of the Participant’s actual use of a substantial portion of the organisational arrangements provided for their participation.

8.5.            The Participant shall be responsible for the safekeeping of the Race Materials received. Loss of or damage to Race Materials, transfer of Race Materials to third parties without the Organiser’s approval, or use of Race Materials by another person shall not be permitted.

 

9.                  RECORDING MATERIALS, PARTICIPANT IMAGE AND PERSONAL DATA

9.1.            Use of the Participant’s Image.

9.1.1.      During the preparation, conduct, and coverage of the Event, the Organiser and/or persons engaged by the Organiser may take photographs, make video recordings, and otherwise record the Event, including recordings featuring the Participant.

9.1.2.      The Parties have agreed and confirm that the provisions of this subsection constitute a separate agreement between the Participant and the Organiser concerning the use of the Participant’s image, entered into within the framework of this Offer and constituting an integral part thereof. By accepting this Offer, the Participant simultaneously enters into the aforementioned agreement and grants the Organiser consent to use their image on the terms and conditions of this subsection.

9.1.3.      Where the Participant is a minor, the aforementioned agreement shall be entered into and the relevant consent shall be granted by their parent or other legal representative acting in the interests of the minor and confirming that they have the necessary authority.

9.1.4.      The Participant grants the Organiser a gratuitous consent to use their image captured during the preparation, conduct, and coverage of the Event, including its use in photographic, video, informational, presentation, and advertising materials related to the Event and the Organiser’s activities within the scope of its statutory objectives.

9.1.5.      The Organiser shall be entitled to publish, reproduce, distribute, publicly display, and make available materials containing the Participant’s image, including on the Internet, through official information resources, social media, mass media, presentation, informational, and advertising materials, as well as to use such materials for archival purposes.

9.1.6.      The Organiser shall be entitled to technically process, edit, crop, and otherwise edit materials containing the Participant’s image, provided that such actions do not distort the Participant’s image and are not carried out in a context that is defamatory or otherwise prejudicial to their honour, dignity, or business reputation.

9.1.7.      The Organiser shall be entitled to provide third parties with access to materials containing the Participant’s image and to engage such third parties to process, produce, publish, and distribute such materials for the purposes set forth in this Offer, including where photographers, videographers, or other contractors are engaged.

9.1.8.      Consent to the use of the Participant’s image shall be granted free of charge, without territorial or time limitations. The Participant shall not be entitled to any remuneration or compensation in connection with the use of their image, unless otherwise expressly provided for in a separate written agreement with the Organiser.

9.1.9.      The Participant shall be entitled to withdraw their consent to the use of their image in accordance with the procedure established by the legislation of the Republic of Kazakhstan. Withdrawal of consent shall not affect the lawfulness of the use of the Participant’s image carried out prior to the Organiser’s receipt of such withdrawal and shall not oblige the Organiser to delete materials whose further storage is permitted by the legislation of the Republic of Kazakhstan or is necessary to protect the Organiser’s rights and legitimate interests or to preserve archival materials.

9.2.            Personal Data.

9.2.1.      In accordance with the legislation of the Republic of Kazakhstan on personal data and their protection, the Participant consents to the Organiser’s collection and processing of their personal data to the extent and for the purposes provided for in this Offer, the Regulations governing the Event, and the legislation of the Republic of Kazakhstan.

9.2.2.      Where the Participant is a minor, consent to the collection and processing of their personal data shall be granted by their parent or other legal representative acting in the interests of the minor and confirming that they have the necessary authority.

9.2.3.      Personal data shall be collected and processed for the purposes of registering and identifying the Participant, organizing and conducting the Event, compiling registration and race lists, ensuring admission to participation, timing and recording results, ensuring safety, providing medical coordination, informing the Participant, handling requests, performing the Organiser’s obligations, and carrying out other activities directly related to the Event.

9.2.4.      For the above purposes, the following personal data may be processed: surname, first name, patronymic (if applicable), date of birth, telephone number, email address, registration and/or BIB number, information concerning the selected race distance and participation category, information concerning admission to the Event, sporting result, race completion time, place in the final results, and other information provided by the Participant that is necessary to achieve the above purposes where there are grounds for processing such data provided by law.

9.2.5.      Personal data shall be processed to the extent necessary to achieve the specific and lawful purposes set forth in this Offer, the Regulations governing the Event, and the legislation of the Republic of Kazakhstan.

9.2.6.      The Organiser shall be entitled to transfer the Participant’s personal data to third parties to the extent necessary for the organisation and conduct of the Event, provided that there are grounds for such transfer under the legislation of the Republic of Kazakhstan, including contractors, information system operators, payment service providers, and persons responsible for registration, timing, technical support, safety, medical support, and other organisational support for the Event.

9.2.7.      The Participant consents to the publication in publicly accessible sources of information concerning their results in the Event, where such publication is provided for by the format of the Event, including their surname, first name, BIB number, race distance, completion time, and place.

9.2.8.      The Participant shall be entitled to obtain information concerning the processing of their personal data, request that such data be clarified or amended, withdraw their consent, and exercise other rights provided for by the legislation of the Republic of Kazakhstan. Withdrawal of consent shall not affect the lawfulness of processing carried out prior to the Organiser’s receipt of such withdrawal and shall not result in termination of processing where its continuation is permitted or required by the legislation of the Republic of Kazakhstan or is carried out on another legal basis provided by law.

9.2.9.      The period for processing and storage of personal data shall be determined by the period necessary to achieve the purposes for which such data were collected and processed, as well as by the retention periods for the relevant information and documents established by the legislation of the Republic of Kazakhstan.

9.2.10.  Where the legislation of the Republic of Kazakhstan requires separate consent for a particular type of processing, transfer, or dissemination of personal data, such consent shall be obtained separately in the form prescribed by law.

9.3.            Cross-Border Transfer of Personal Data.

9.3.1.      Where the Organiser uses information systems, software, cloud services, platforms, or contractors involving the processing of personal data outside the Republic of Kazakhstan, such cross-border transfer shall be carried out in the cases, manner, and scope permitted by the legislation of the Republic of Kazakhstan, with separate consent of the Participant obtained where such consent is required by the legislation of the Republic of Kazakhstan.

9.4.            Information Communications.

9.4.1.      The Participant consents to receiving from the Organiser and/or persons authorised by the Organiser SMS messages, emails, push notifications, and other informational communications necessary for registration, participation in, and admission to the Event, issuance of Race Materials, notification of changes to the procedure for conducting the Event, participation results, and other information directly related to the Event.

9.4.2.      The communications referred to in Clause 9.4.1 of this Offer constitute informational communications related to the performance of this Offer and shall not constitute consent to receive advertising or marketing communications unless otherwise expressly provided for by a separate consent of the Participant.

 

10.  LIABILITIES OF THE PARTIES. CIRCUMSTANCES BEYOND THE ORGANISER’S CONTROL

10.1. For a failure to perform or improper performance of this Offer and the Contract of Adhesion entered into by its Acceptance, the Parties shall be liable in accordance with the terms and conditions of this Offer and the applicable legislation of the Republic of Kazakhstan.

10.2. The Organiser, its employees, and/or third parties engaged by the Organiser shall not be liable for harm to the life or health of the Participant, or for any losses, damage, or harm caused to the Participant in connection with the Event, if such consequences arise as a result of the Participant’s failure to comply with the Regulations governing the Event, safety requirements, or instructions issued by the Organiser, judges, medical personnel, volunteers, police officers, or other authorised persons, as a result of any act or omission of the Participant or third parties, or as a result of the Participant’s health condition, physiological characteristics, latent medical conditions, or inadequate physical fitness. The Organiser does not conduct medical examinations of Participants and does not request information concerning their health condition, except where expressly provided for by the legislation of the Republic of Kazakhstan or the eligibility requirements for a particular Event.

10.3. The Participant assumes full responsibility for the risks of adverse consequences arising from their health condition, physiological characteristics, latent medical conditions, and/or inadequate physical fitness, and understands that the provision of first aid or emergency medical assistance does not guarantee the prevention of such consequences.

10.4. The Participant further confirms that they shall be solely responsible for any health-related consequences arising directly or indirectly from the use, prior to and/or during the Event, of any stimulants, energy drinks, medicinal products, biologically active supplements, or other substances affecting the cardiovascular system, nervous system, and/or the general condition of the body.

10.5. The limitations of the Organiser’s liability set forth in this Offer shall not apply where the harm was caused by culpable acts or omissions of the Organiser established in accordance with the procedure prescribed by law.

10.6. The Organiser, its employees, and/or third parties engaged by the Organiser shall not be liable for the loss, damage to, or theft of the Participant’s personal property if such property has not been accepted by the Organiser for safekeeping under a separate written document.

10.7. The Participant shall be liable for any harm caused to the Organiser, other Participants, Event partners, third parties, or their property as a result of the Participant’s violation of this Offer, the Regulations, safety requirements, or instructions issued by authorised persons.

10.8. The Organiser shall be released from liability for partial or complete failure to perform its obligations under this Offer and the Contract of Adhesion entered into by its Acceptance, including postponement, change in the format, or cancellation of the Event, if such failure to perform results from circumstances beyond the Organiser’s control.

10.9. Circumstances beyond the Organiser’s control shall include, without limitation: natural disasters, earthquakes, floods, hurricanes, fires, wind gusts exceeding 15 meters per second, adverse weather conditions confirmed by official storm warnings, reports issued by Kazhydromet and/or other competent authorities, mass outbreaks of disease, epidemics, pandemics, quarantine and sanitary restrictions, military actions, conflicts, civil unrest, terrorist acts, acts of sabotage, transportation restrictions, prohibitive measures imposed by states, acts, actions, omissions, prohibitions, restrictions, citations, or requirements of state authorities, local executive bodies, police authorities, civil protection authorities, sanitary and epidemiological control authorities, restrictions on or inability to close streets, route changes, inability to ensure public order and safety, as well as other circumstances that the Organiser could not reasonably have foreseen or prevented.

10.10. If the circumstances specified in Clause 10.9 of this Offer occur or are reasonably expected to occur and, as a result, the Event is to be postponed, its format changed, or the Event cancelled, information thereon shall be published through the Organiser’s Information Sources and/or sent to the Participant by SMS, email, push notification, or other means using the contact details provided by the Participant during registration, no later than 1 (one) calendar day before the scheduled date of the Event.

10.11. Upon the occurrence of the circumstances specified in Clause 10.9 of this Offer, the period for performance of the Parties’ obligations shall be extended for the duration of such circumstances and their consequences, and the Participant’s registration and Registration Fee shall be transferred by the Organiser to the new date of the Event or to a similar Event organised by the Organiser.

10.12. The exact new date of the Event shall be announced separately by the Organiser by publishing the relevant information through the Organiser’s Information Sources.

10.13. A Participant who is unable to participate in the Event on the new date or in the changed format shall be entitled to apply for postponement of participation or transfer of their Slot in accordance with the procedure and within the time limits announced by the Organiser.

10.14. Where the Event is postponed or its format is changed due to circumstances beyond the Organiser’s control, the issue of refunding the Registration Fee shall be considered by the Organiser on an individual basis, taking into account the circumstances of the particular case and the actual costs incurred in connection with the preparation and conduct of the Event.

10.15. Proper evidence confirming the occurrence and continuation of the circumstances specified in Clause 10.9 of this Offer shall include relevant documents, decisions, notices, citations, warnings, letters, communications, or other information issued by authorised state authorities, local executive bodies, police authorities, civil protection authorities, sanitary and epidemiological control authorities, Kazhydromet, and other competent authorities or organisations of the Republic of Kazakhstan.

10.16. If the circumstances specified in Clause 10.9 of this Offer continue for more than 8 (eight) months and a new date for the Event cannot be determined due to the continuing effect of such circumstances and/or their consequences, the Organiser shall be entitled to transfer the Participant’s registration and Registration Fee to the same or a similar Event to be held in the following calendar year. A Participant who is unable to participate in the Event in the following calendar year shall be entitled to submit a request to the Organiser for a monetary refund, which shall be considered taking into account the actual costs incurred by the Organiser.

10.17. If the Event is cancelled at the Organiser’s initiative, in the absence of circumstances beyond the Organiser’s control, without a new date being determined and without the Participant being provided with an opportunity to transfer their participation to a similar Event, the Organiser shall refund the Registration Fee in accordance with the procedure announced by the Organiser, excluding bank and payment processing fees actually withheld, provided that such fees are not refunded by the payment system or bank.

10.18. The Organiser shall not be liable for any temporary inability to access the Website and/or Personal Account, delays in displaying payment and/or registration statuses, data transmission errors arising from failures of hosting providers, payment systems, bank acquiring services, telecommunications operators, Internet service providers, or from any other circumstances beyond the Organiser’s control.

 

11.  INFORMATION DISTRIBUTION TO PARTICIPANT

11.1. The Organiser shall inform Participants by publishing information through the Organiser’s Information Sources.

11.2. The Participant shall independently monitor up-to-date information concerning the Event, including the date, time, venue, route, procedure for issuing Race Materials, eligibility requirements, changes, and announcements made by the Organiser.

11.3. Notices sent by the Organiser to the telephone number, email address, or Personal Account specified by the Participant during registration shall be deemed duly sent.

11.4. The Organiser shall not be liable for the Participant’s failure to receive information due to the provision of an incorrect telephone number or email address, message blocking, technical communication failures, disabled notifications, lack of Internet access, or any other circumstances beyond the Organiser’s control.

 

12.  SETTLEMENT OF DISPUTES

12.1. The law applicable to this Offer and the Contract of Adhesion entered into by its Acceptance shall be the law of the Republic of Kazakhstan.

12.2. Matters not regulated by this Offer shall be resolved in accordance with the legislation of the Republic of Kazakhstan.

12.3. The Parties shall seek to resolve all disagreements and disputes arising in connection with this Offer and the Contract of Adhesion through negotiations and written correspondence.

12.4. The Participant shall be entitled to submit a request to the Organiser by email at info@almaty-marathon.kz or at another address specified in the Organiser’s Information Sources.

12.5. The Organiser shall consider the Participant’s request within the period established by the legislation of the Republic of Kazakhstan or the Organiser’s internal rules, unless a different period is mandatory.

12.6. If the Parties fail to reach an agreement, the dispute shall be resolved in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

12.7. Unless the legislation of the Republic of Kazakhstan establishes mandatory jurisdiction or grants the Participant the right to choose the court, the dispute shall be subject to resolution at the place of the Organiser’s registered office.

 

13.  VALIDITY AND AMENDMENT OF THE OFFER

13.1. This Offer shall enter into force upon its publication on the Organiser’s Website and shall remain in effect until it is withdrawn or replaced by a new version.

13.2. The Contract of Adhesion between the Organiser and the Participant shall be deemed entered into upon the Participant’s Acceptance of this Offer and shall remain in effect until the Parties have fully performed their obligations or until it is terminated on the grounds provided for in this Offer and the legislation of the Republic of Kazakhstan.

13.3. This Offer is an open and publicly accessible document and may be amended by publishing an amended version on the Organiser’s Website.

13.4. The version of this Offer published on the Organiser’s Website shall be the effective version and shall apply from the time of its publication, unless otherwise expressly provided by the legislation of the Republic of Kazakhstan, this Offer, or Clause 13.5 of this Offer.

13.5. With respect to a registered Participant, the version of this Offer and the Regulations in effect as of the date of the Participant’s registration shall take precedence, unless otherwise required by applicable legislation, decisions of state authorities, safety requirements, changes to the date, venue, route, or format of the Event, or circumstances beyond the Organiser’s control.

13.6. The Participant shall independently monitor the current version of this Offer and the Regulations on the Organiser’s Website.

13.7. This Offer and the Regulations governing the relevant Event constitute a single set of terms and conditions governing registration and participation and shall apply jointly.

13.8. In the event of any conflict between this Offer and the Regulations, the specific terms and conditions of the Regulations approved for the relevant Event shall prevail, unless otherwise expressly provided by this Offer or the legislation of the Republic of Kazakhstan.

13.9. The Contract of Adhesion entered into by Acceptance of this Offer may be terminated by mutual agreement of the Parties, as well as on other grounds provided for in this Offer, the Regulations, and the legislation of the Republic of Kazakhstan.

13.10. If any provision of this Offer is held by a competent court to be unlawful, invalid, or unenforceable under the legislation of the Republic of Kazakhstan, such provision shall, to the relevant extent, be deemed excluded from this Offer and shall not affect the validity of the remaining provisions of this Offer.

 

14.  PARTICIPANT CONFIRMATIONS UPON REGISTRATION

14.1. By checking the box confirming their agreement with this Offer and the Regulations, and by paying the Registration Fee, the Participant confirms that:

14.1.1. they have read this Offer and the Regulations prior to paying the Registration Fee;

14.1.2. they understand that this Offer constitutes the Organiser’s offer to enter into a Contract of Adhesion on the terms and conditions set forth in this Offer and the Regulations;

14.1.3. they understand that, upon payment of the Registration Fee, their Acceptance is full and unconditional;

14.1.4. they understand that the Organiser conducts the Event for an indefinite group of persons in accordance with uniform, pre-established rules and does not accept any individual assignment from the Participant;

14.1.5. they understand that the Registration Fee is associated with reserving a Slot, including the Participant in the registration lists, preparing Race Materials, and organisational planning of the Event;

14.1.6. they understand that, in the event of voluntary withdrawal from participation, the primary means of preserving the value of the Registration Fee is postponement of participation, a change of race distance, or transfer of the Slot;

14.1.7. they understand that withdrawal from participation and a refund of the Registration Fee shall be handled in accordance with the procedure set forth in this Offer and/or the Regulations;

14.1.8. they understand that the Registration Fee may not be refunded in full;

14.1.9. they have independently verified the accuracy of the selected Event, race distance, participation category, and registration details;

14.1.10. they have independently assessed their health condition, physical fitness, and ability to participate in the Event;

14.1.11. they consent to the processing of their personal data, including documents and information provided for the purpose of reviewing an application for postponement, transfer of registration, or change of race distance, to the extent and in accordance with the procedure provided for in this Offer.

 

15.  DETAILS OF THE ORGANISER

The Organiser:

“Courage to be the First” Corporate Fund

BIN: 140840008587

Registered and business address: 5 Al-Farabi Avenue, Pavilion 1A, Premises No.6, Almaty, the Republic of Kazakhstan

Telephone: 8 (727) 311-51-85

Email address: info@almaty-marathon.kz

Website: https://www.almaty-marathon.kz/