1. Schmittenhöhebahn AG (“the organizer”) operates a motocross course for adults (“the participants”) in the area of the areitXpress top station. So-called electrobikes are available which can be used on a protected route. Small obstacles have been built into the course which have to be negotiated by beginners and which expertscan cope with.

 2. Adults only may ride on the course. The minimum age is 18. On part of the organizer only the vehicles andthe course are beeing providet, there is no monitoring/supervision on the part of the organizer. Allparticipantsat their own risk and declare to them that they are aware of the danger of driving a vehicle in anoff-roadpark.

 3. Schmittenhöhebahn AG has set up the course in accordance with applicable safety standards. A prerequisite for riding the bike course is that the participants can ride bikes well. It is imperative that any instructions issued by Schmittenhöhebahn AG or, as the case may be, its employees are complied with. Users undertake to immediatley compensate for any damage caused to the vehicles or to the equipment if such damage iscaused by improper operation of the vehicles or equipment (e.g. excessive speed, improper style, riskydriving behavior, etc.).

4. Schmittenhöhebahn is liable for injury to the participants only if it was caused deliberately or throughgross negligence by Schmittenhöhebahn AG, its legal representatives or vicarious agents. The aforementioned limitation of liability does not apply to damages arising from injuries to the life, limb or health of the participant.

 5. The participant declares his consent to the reproduction, distribution and other use of all photos, video and/or sound recordings, taken by the organizer directly or made by third parties (hereinafter known as “recordings”) during the activity, for all possible commercial purposes. In particular, the organizer may use the recordings with other information about the Participant in all media in order to highlight the activity, its participants,special features and contents or to publicise it.

The organizer reserves in particular the spatially and factually unrestricted, worldwide, perpetual, exclusiveand unreimbursable right to use and to publicly display the recordings for all product, company publicity and company communication purposes. The organizer is authorised to reproduce, publicise and to distribute the recordings in any medium and in any amount and quantity himself or by third parties, in particular in printmedia such as flyers, notices, posters or newspapers.

The consent extends to any public rendering, including the transmission or provision of access for the general public, in particular in free TV, pay TV, video-on-demand or by other digital media such as the Internet, Intranet, on any social media platforms or on CD-ROMs, DVDs, or similar data carriers. Furthermore, the participant shall grant the organizer permission to use his or her name, age and type of work and incidents at the activity insofar as the participant informs the organizer of these particulars connected with the activity within the temporally, spatially and factually unrestricted scope mentioned above.

The organizer may make any modifications and adaptations to the images or combine them with otherimages or components, as long as, by so doing, the undersigned is not distorted or placed in an unacceptable relationship. The organizer will not use the recordings for improper purposes and will respect the dignity of the photographed persons.

 6. The participant agrees that these recordings, his or her personal data, as well as email address and telephone number (including SMS) are processed automatically and are transmitted for the purposes of customer support and customer surveys and for the mailing of customer information and/or publicity customised personally tothe Participant and the participant receives mail or electronic mail (newsletters) from the organizer for customer loyalty or is contacted by telephone.

7. Austrian Law shall apply exclusively.