CHARTER RELATING TO THE OPERATION OF THE MDS® CLUBS

PREAMBLE

Given the success and renown of the Marathon des Sables® (hereinafter "MDS®") — whether in its Legendary version, historically organised in Morocco, or in its variations across different countries and continents (MDS® 120, MDS® Trek, MDS® Ultra, MDS® Raid, MDS® Crazy Loops, MDS® Handi, etc.) — physical and/or virtual spaces bringing together a community of former participants, future registrants, and more generally all those with a close or distant interest in the MDS®, have developed spontaneously across the world (hereinafter the "MDS® Clubs").

 

In order to ensure a degree of consistency between these MDS® Clubs, while guaranteeing the preservation of the brand's image and values, this charter has been established, the terms of which each MDS® Club host (hereinafter the "Host") undertakes to respect, wherever they may be in the world.

 

This charter also serves as a reminder of the principles of transparency, ethics, and loyalty that Hosts must observe in the course of the actions they carry out on a voluntary basis within the framework of the MDS® Clubs.

ARTICLE 1 - GENERAL PRINCIPLES / COMPLIANCE

AHosts undertake to act and operate in strict compliance with the laws and conventions in force in the countries in which they operate.

 

They further undertake not to commit, tolerate, or directly or indirectly encourage any act whatsoever, nor to make any statement whatsoever, that could be detrimental to the image of the MDS®.

 

They also undertake not to derive any financial benefit from their activities within the framework of the MDS® Clubs, the operation of which must remain entirely non-profit and voluntary, with membership for all members or adherents being entirely free of charge.

 

It is specified that all of the commitments set out in this charter are binding not only on the Hosts themselves, but also on persons under their guardianship, on companies directly or indirectly controlled by them, or on companies that directly or indirectly control them, the notion of control being that commonly recognised by French law and courts.

ARTICLE 2 - TRADEMARK

Hosts are authorised to make reference to the trademarks associated with the MDS® (hereinafter the "MDS® Marks") provided that their use complies with the applicable laws and standards in force and with all of the conditions set out in this charter.

 

Hosts may in particular only make reference to the MDS® Marks for the sole purposes of the MDS® Club they host.

 

Hosts shall ensure that such use is not misleading, derogatory, or likely to mislead the public, nor of a nature to create any confusion whatsoever with the trademarks or activities of third parties.

 

Hosts are prohibited from modifying the MDS® Marks, from infringing upon them, and/or from associating them with any other sign whatsoever without the prior express consent of their owner, namely the French company WAA (WHAT AN ADVENTURE).

 

Hosts are furthermore prohibited from unduly profiting from the reputation attached to the MDS® Marks and from marketing products and services in connection with these marks.

ARTICLE 3 - IMAGES DERIVED FROM THE MDS

Hosts are authorised to use images derived from the MDS® (hereinafter the "MDS® Images") provided that their use complies with the applicable laws and standards in force and with all of the conditions set out in this charter, and that their author/owner is credited.

 

Hosts may in particular only exploit MDS® Images for the sole purposes of the MDS® Club they host and shall ensure that such use is not misleading, derogatory, or likely to mislead the public, nor of a nature to create any confusion whatsoever with the trademarks or activities of third parties.

 

Hosts are prohibited from modifying the MDS® Images, from infringing upon them, and/or from associating them with any other image whatsoever without the prior express consent of their owner, namely the French company WHAT AN ADVENTURE (WAA).

 

Hosts are furthermore prohibited from unduly profiting from the MDS® Images and from marketing products and services in connection with them.

ARTICLE 4 - LOYALTY / ETHICS

Hosts shall ensure that they do not directly or indirectly disparage the MDS®, its organisers, partners or sponsors, the MDS® Marks, or the products and services associated therewith, and more generally that they do not cause harm to their image.

 

Hosts also undertake not to infringe upon the honour or reputation of the organisers, partners or sponsors of the MDS®, and to take all necessary measures to prevent any infringement of the personality rights of third parties.

 

Hosts shall not disseminate false information regarding the MDS®.

 

Hosts shall furthermore refrain from working for or promoting companies or events that are in competition with the MDS®, so as in particular to avoid any possible ambiguity or confusion.

 

Hosts undertake to conduct themselves with dignity in all circumstances, in a manner consistent with the values promoted by the MDS® and not likely to harm the image or reputation of the MDS®, its organisers, partners or sponsors, or the MDS® Marks.

ARTICLE 5 - SOLIDARITY

Hosts, through the MDS® Clubs, undertake to promote inclusive projects and "handi" teams within the MDS® to the greatest extent possible.

 

To this end, they shall endeavour to raise public awareness of the MDS® Handi and MDS® Crazy Loops, to organise fundraising activities, and to support local teams.

ARTICLE 6 - AMENDMENTS

The provisions of this charter, accessible via the website https://linktr.ee/MDS_CLUBS, may be amended at any time and without prior notice; Hosts are therefore invited to consult it on a regular basis.