Tough Mudder US and Canada
General Terms of Purchase
These terms (the “Terms of Purchase”) are designed to ensure your satisfaction and understanding of the purchase process for events operated by OCR US Holdings LLC, trading as Tough Mudder (including its parents, subsidiaries (specifically OCR Canada Holdings Ltd), and affiliates, collectively, “Spartan”, “Tough Mudder”, “we”, “us”, “our”), including all Tough Mudder events operated in the United States of America and Canada (collectively, the “Events”). If you have any questions, please contact us at USsupport@toughmudder.com. Your purchases on any site used to register for a Tough Mudder Event (collectively, the “Sites”) are subject to these Terms of Purchase. If purchasing a Flex Ticket, please also review the Flex Ticket Terms of Purchase.
- Authority to Register and/or to Act as Agent. You represent and warrant to the Spartan Partners that you have full legal authority and capacity to complete the registration for the Event (“Event Registration”), including accepting these Terms of Purchase, on behalf of yourself and/or, where applicable, any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which fees related to Event Registration (defined below) will be charged. As used in these Terms of Purchase, (a) “Spartan Partners” means and includes Spartan, its franchisees and licensees, any and all subsidiaries and affiliated entities thereto, and each of their respective officers, employees, contractors, subcontractors, agents, representatives, successors and assigns; and (b) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to these Terms of Purchase, for whom you are waiving certain rights.
If you are registering a child under the age of 18 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority and capacity to enter into these Terms of Purchase on that child’s behalf.
Further, by proceeding with Event Registration, you agree that these Terms of Purchase shall apply equally to all of the Registered Parties. To the extent permitted by law, you agree that these Terms of Purchase, whether for yourself and/or on behalf of another Registered Party (including, without limitation, any minor) to indemnify, defend, and hold the Spartan Partners harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (each, a “Claim” and collectively “Claims”), even in the event the Claim arises because a Registered Party is found by a court of competent jurisdiction to not be bound by these Terms of Purchase. In addition, if, despite these Terms of Purchase, any of the Registered Parties makes a Claim against Spartan, you agree to defend, indemnify, and hold Spartan harmless from such claim.
- Payment Methods. Payment methods vary by booking platform. Please see the relevant booking platform for further details.
- Whom You Are Buying From. Active Network LLC (“ACTIVE”) acts as the agent to Spartan in connection with the registration process for the Events. When you purchase an Event Registration or a pass covering registration fees for one or more Events, ACTIVE will process the transaction and collect payment.
- Pricing, Fees and Availability.
a. Events have a limited capacity, therefore Event Registration for popular Events may sell out quickly. Prices may vary depending upon geographic market, availability, selected start time window, venue requirements and/or regulations and we reserve the right to change prices at any time. Prices are likely to increase several times in the months prior to an event. For circumstances where the customer has trouble registering online within 24 hours before a price increase and contacts customer support within 48-hours of the error, Tough Mudder will offer the previous price to the customer via either a discount code or refund for the difference in price.
b. We may charge a processing fee in connection with your registration for an Event (“Processing Fee”). We may charge such fees at any time without notice prior to your purchase. Where we do charge processing fees, these will be clearly identified. Processing Fees are non-refundable. Unless otherwise stated in these terms and conditions.
c. All Event Registration entry fees, including any Processing Fees, are subject to sales tax at the prevailing local rate.
d. All Registrations for Tough Mudder 5K, Tough Mudder 10K, Tough Mudder 15K, and Tough Mudder Infinity include a mandatory parking and bag drop fee which provides access to general parking and bag drop on site. An optional upgrade to premium parking may be available via myevents.active.com.
e. Tough Mudder offers customers who register for both the Saturday and Sunday of a particular event (on the same weekend) a 50% reimbursement off the Sunday registration or the order of lesser value. The customer must first purchase both registrations at full price, attend the events, and then email USsupport@toughmudder.com to receive a partial refund. The refund will apply to the base cost of the ticket, not the processing fees, parking/bag drop fee or taxes. Registrations associated with free or discount codes, including Groupon, are not eligible for this promotion.
f. If a Lifetime Pass is awarded or earned, a customer is given access to free entry to all TM events in one country per year. This includes World’s Toughest Mudder, Toughest Mudder, Tough Mudder Infinity, Tough Mudder 15K, Tough Mudder 10K, and Tough Mudder 5K. Lifetime passes will be activated each season annually in January. Registrations must be redeemed no later than two weeks ahead of each Tough Mudder event weekend. Registrations redeemed with a Lifetime Pass may not be transferred to another person. Lifetime Pass registrations are still subject to the Parking and Bag Drop Fee, which will be added at checkout.
g. Tough Mudder offers customers the ability to purchase various pass options, including a Season Pass, which gives access to a specified number of Tough Mudder events in a calendar year. Each pass will specify the valid events. Pass registrations must match the name and email address of the buyer. Passes are non-transferable and non-refundable.
h. If a Tough Mudder event offers a referral rebate for getting friends to register, the exact referral URL provided in myevents.active.com must be used. Retroactive refunds will not be applied.
- Event Registration Expiration
a. Event Registrations expire as set out in this Section 5 except where such Event Registrations are Transferred or Refunded as set out in Sections 7 and 8.
b. Unused Flex Tickets, Open Tickets, Season Passes (collectively Event Passes) & Ticket Bundles expire at the end of the calendar year indicated on the title of the Ticket.
c. Unused Event Registrations expire the Friday post event at 11:59PM
d. Event Passes are subject to their own Terms of Purchase which should be read alongside these General Terms of Purchase.
- Cancelled and Rescheduled Events
a. You bear all risks of inclement weather. You understand and agree that we reserve the right to cancel the Event because of circumstances beyond the reasonable control of Spartan including, without limitation, adverse weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, epidemics, pandemics, global health crises, strikes, low entry numbers, and any legislation, regulations, ruling or omission of any relevant government, court, competent national authority or governing body, on advice of any security or police force, health authority and/or local authority consent or approval (or withdrawal of such consent or approval) or for any reason that would affect the safety and security of Event participants and/or spectators, or the feasibility of the Event to be held. If an Event is cancelled or postponed, and you purchased your Event Registration through the Site, you will be permitted to transfer/defer your registration to another Event, as set forth below.
b. We reserve the right to alter the start time of the Event and/or alter the start time you selected at the time of registration. In the event of a change of start time you will be notified of the revised start time with as much notice as reasonably practicable. No refund in full or in part shall be made for any change in start time for the Event, provided the Event takes place on the specified date of the Event.
c. We reserve the right to amend the Event format, including changing the course and the distance, at our sole discretion. If the Event format, course, or distance, is changed, you will not be entitled to any refund and there shall be no further liability whatsoever arising from such change of format, course, or distance.
d. We reserve the right to change the date of the Event. In the event of such change of date of the Event, and if you are unable to attend on the revised date, you have 30 days to inform us in writing from when the change in date is announced to receive a free deferral of your Event Registration into another Event in the same calendar year or the same event in the next calendar year. Under no circumstances will we be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed Event, or any deferral.
e. This Section 6 is not applicable to participants registered to participate in an Event on behalf of an official event Charity (“Charity Participants”). All cancellations, refunds, deferrals, or withdrawals by Charity Participants must be taken up directly with their designated Charity. No refunds shall be made directly to any individual Charity Participant by Spartan in any circumstances.
a. Before purchasing an Event Registration, you should carefully review your purchase. We offer a 48-hour refund policy for unused Tough Mudder Event Registrations purchased online. After 48-hours sales are final and purchases are not refundable except as expressly set out in these Terms of Purchase.
b. Without limiting your rights under law, you agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to an Event registration that you purchased (for example by seeking, without good reason, a "chargeback" from the bank or credit card company that issued the card you used to purchase an Event registration from the Site).
c. Event Registrations are personal and cannot be transferred to another person except as detailed in Section 8.
d. We may cancel, relocate or change an event if circumstances beyond our control arise including, but not limited to, those circumstances detailed in Section 6 (a). In such circumstances you will be given the option to transfer to another event or to receive a Flex Ticket.
e. We will offer refunds with proof of military deployment or required training dates that will interfere with event participation. Refunds are offered for the active duty member and immediate family members residing at the same address.
f. If a promotional code is released within 48-hours of an Event Registration purchase, we will apply a retroactive discount upon request. If a customer contacts customer service within 48-hours of their purchase to express that they did not apply the promo code correctly and/or had technical difficulty, we will retroactively honour the promo code. The promo code must have been valid during the time of the technical error.
g. In the event that you are unable to use the Event Registration you purchased, you may be permitted to transfer/defer your Event Registration in accordance with the transfer policy in Section 8.
h. This Section 7 is not applicable to participants registered to participate in an Event on behalf of an official event Charity (“Charity Participants”). All cancellations, refunds, deferrals, or withdrawals by Charity Participants must be taken up directly with their designated Charity. No refunds shall be made directly to any individual Charity Participant by Spartan in any circumstances.
i. This Section 7 is not applicable to participants who Registered to participate in an Event using a free entry code purchased from a 3rd party reseller including Groupon. All cancellations, refunds, deferrals, or withdrawals for tickets redeemed via codes purchased from 3rd parties must be taken up directly with the relevant 3rd party. No refunds shall be made directly to any individual who has purchased their ticket from a 3rd party by Spartan in any circumstances.
a. Event Registrations may be transferred as outlined in this Section 8. When transferring a registration, the participant will normally be responsible for the difference in price between the price paid for their Event Registration and the current price for the Event Registration they are transferring into. No refund will be provided where the price of the Registration being transferred into is lower than the price originally paid. Registrations can only be made to events, formats and start times that have availability. If an event, format or particular start time you wish to transfer to is sold out it will not be possible to transfer.
b. Transfer start time within an Event – Customers can transfer to another available start time, within the same event, through myevents.active.com up until 11:59PM on the Friday prior to the scheduled event start date. Customers will be charged the difference between the price they originally paid and the current price of the ticket they wish to transfer into. There is no additional transfer fee. Customers can only transfer into a start time that has availability.
If you entered using a free code please contact USsupport@toughmudder.com to facilitate this transfer for you as the self service system will attempt to charge you the full price for the ticket you wish to transfer too. The deadline to request this code is 11:59PM two Fridays immediately prior to the scheduled event start date.
For more information about changing start times please see our Start Times FAQ’s.
c. Transfer format within an Event (eg 5K to 15K) – Customers can transfer to another format, within the same event, through myevents.active.com up until 11:59PM on the Friday prior to the scheduled event start date. There is no additional Transfer Fee. Customers will be charged the difference between the price they originally paid and the current price of the ticket they wish to transfer into. There is no additional transfer fee. Customers can only transfer into a format and start time that has availability.
If you entered using a free code please contact USsupport@toughmudder.com to facilitate this transfer for you as the self service system will attempt to charge you the full price for the ticket you wish to transfer too. The deadline to request this code is 11:59PM two Fridays immediately prior to the scheduled event start date.
d. Transfer to a different Event – Customers can transfer into a different Event through myevents.active.com up until 11:59PM on the Friday prior to the scheduled start date of their current Event Registration. A transfer fee of $20 applies. Customers may transfer any unused Event Registration up to one week following the scheduled date of their current Event Registration by contacting USsupport@toughmudder.com . If transferring after the Event a transfer fee of $30 applies. When transferring to a different event, the customer is responsible for the difference in price between the ticket they are transferring from and the ticket they are transferring to.
e. Transferring to a different Person – Contact USsupport@toughmudder.com to request a transfer code, which will give you access to a $20 registration for the new recipient to redeem. The deadline to request a person transfer code is 11:59PM two Fridays immediately prior to the scheduled event start date. If outside of the deadline, please have the new participant bring written permission from the original ticket holder along with the original confirmation email to the Mudder Services tent at the event. A $30 registration transfer fee will be collected on-site via payment card. Any booking with the transfer code is subject to availability. It is not guaranteed that the new participant will be able to book the same start time as the original booking. This action cancels the original booking and establishes a new booking. Tough Mudder is unable to transfer payment, or value, from one person to another except as outlined above.
f. World’s Toughest Mudder Transfers – World’s Toughest Mudder Registrations are not eligible for person transfers. From January 1st 2020, World’s Toughest Mudder Registrations may be transferred once to the following year for a $30 fee. Transfers must be completed by Thursday prior to the World’s Toughest Mudder weekend via myevents.active.com.
g. Mudder Village and Mini Mudder – Event transfers are free for Mudder Village and Mini Mudders. To have your transfer fee refunded, contact USsupport@toughmudder.com . Person transfers are $5 for Mudder Village and Mini Mudders. Transfers made by 11:59PM on the Friday immediately prior to the scheduled event start date, can be completed by the customer through myevents.active.com. The deadline to request a person transfer code is 11:59PM two Fridays immediately prior to the scheduled event start date.
- Billing Information Verification and Order Confirmation. Event Registration is subject to credit card approval, and is processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for an Event Registration that can delay processing and delivery. In these cases, our customer service or registration services will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order without further notice (in which case you will not be charged).
Notwithstanding the above, if you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via Tough Mudder customer service USsupport@toughmudder.com whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for technical faults or any losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
- Assumption of Risk and Consent to Medical Care
a. The Event involves inherent risks and dangers to participants and observers and, accordingly, you participate or observe at your own risk. Spartan does not conduct health or fitness checks on Event entrants or participants. Events are often held in remote areas or on rugged terrain, and under varying weather conditions. Spartan is committed to providing a safe and enjoyable Event experience for participants and spectators; however, injury can occur. Stay alert at all times before, during and after the Event. If injured, immediately ask a staff member to call for medical assistance or for directions to a medical station.
b. You represent and warrant that you (and any Registered Parties) are in good physical condition, are able to safely participate in the Event, and have no medical condition that would make your (or any Registered Parties’) participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment of injury to you and understand that these Terms of Purchase extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services.
c. You represent that you (and any Registered Parties) have read, understood and will abide by Tough Mudder’s COVID-19 Safety Guidelines. Further, you represent that you will not attend the Event if you are showing symptoms of COVID-19 or have been in recent contact with someone who is.
a. Subject to Section 11(b) below, Spartan shall not be liable to you for any reason under or in relation to these Terms of Purchase, or an Event for any:
(i) loss of profit;
(ii) loss of reputation;
(iii) loss of data;
(iv) loss of business, revenue or goodwill;
(v) loss of anticipated savings;
(vi) pledges made on your behalf or by you to a charity;
(vii) your travel or other expenses incurred in relation to any cancelled or postponed Event;
(viii) any other indirect or consequential loss or damage, in each case regardless of whether such loss or damage is reasonably foreseeable or is in the contemplation of parties.
b. Without limiting the foregoing, Spartan will not be responsible for (i) the use or the inability to use the Sites, Spartan products or services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Sites; (iii) your participation in any promotion or program coordinated by Spartan; (iv) personal injury (other than arising due to negligence by or on behalf of Spartan); (v) unauthorized access to or alteration of your transmissions or data; (vi) statements or conduct of any third party on the Spartan Sites; (vii) any other matter relating to the Sites, or Spartan products or services.
c. You agree that, subject to Section 11(d) below, Spartan’s maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by Spartan from you.
d. Nothing in these Terms of Purchase shall be construed as limiting or excluding Spartan's liability for: death or personal injury resulting from negligence, fraud or fraudulent misrepresentation or any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability. Your statutory rights as a consumer are not affected by these Terms of Purchase.
12. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPARTAN FROM ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, OR ANY VIOLATION BY YOU OF ANY THESE TERMS OF PURCHASE.
13. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF SPARTAN’S SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPARTAN MAKES NO WARRANTY THAT THE SITE’S SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. SPARTAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPARTAN DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON, OR PROVIDED IN CONNECTION WITH, THE SITES. SPARTAN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
- License; Ejection; No Redemption Value. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by Tough Mudder, local government officials and/or the owner of the venue where the Event is hosted (the “Venue Owner”) and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behaviour at all times while at the Event and to obey all applicable laws or rules issued by Tough Mudder or the Venue Owner (the “Event Rules”) while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities, or property. You agree that Event officials may disqualify you from the Event and/or eject you from the Venue premises, without refund, should your behaviour, in the opinion of Tough Mudder or the Venue Owner, endanger the safety of the Event or violate the Event Rules. Breach of these Terms of Purchase or any applicable rules will terminate your license to attend the Event without refund and may also, at the discretion of Tough Mudder, prohibit you from registering and/or attending future Tough Mudder events. An Event registration is a revocable license and admission may be refused for any other reason upon refunding the face amount of the Event registration. An Event registration receipt is not redeemable for cash.
- Recording, Transmission and Exhibition. You agree that the Event is a public event, that your appearance and actions inside and outside the Venue where the Event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Event. You, on behalf of yourself, and, if applicable, your Registered Party(ies), irrevocably grant unlimited permission to Spartan to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of your (or your child/ward’s) participation in an Event or related activity for any legitimate purpose in perpetuity and you understand that you (or your Registered Party(ies) will not be entitled to any compensation in connection therewith. You further hereby irrevocably and absolutely grant permission to the Spartan to film, videotape and record your (or your Registered Party(ies) performance of in the Event and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner Spartan shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to Spartan, without compensation of any kind to you (or your Registered Party(ies), to use, reproduce or broadcast, your (or your Registered Party(ies)’ name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Event. You acknowledge that Spartan shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of or information about you (or your Registered Party(ies) and all or any portion of the Event in which you (or your Registered Party(ies) may appear on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation.
- Safety and Security. You and your belongings may be searched on entry to or at the Event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to or ejected from the Event without refund or other compensation. Certain items may not be brought onto the premises of any Event Venue, including without limitation, alcohol, drugs, controlled substances, firearms, or knives. You understand and agree that you are responsible for taking care of your own personal belongings during the Event and, to the maximum extent permitted by law, neither Spartan nor the Venue Owner is responsible for any personal item or property that is lost, damaged or stolen at the Event.
18 Unlawful Resale of Event Registration; Promotions. Unlawful resale (or attempted resale), counterfeit or copy of Event passes or promotional codes are grounds for seizure and cancellation without compensation and may be referred to law enforcement for subsequent prosecution. You are responsible for complying with all applicable ticket resale laws. Promotional codes or passes may not be used for advertising, promotions, contests, or sweepstakes, unless formal written authorization is given by us.
- Severability. If any provision of the Agreement is invalid or unenforceable, in whole or in part, the validity of the remainder such provision and these Terms of Purchase shall not be affected.
- Dispute Resolution.
These Terms of Purchase, and any dispute with respect thereto, shall be governed by and construed in accordance with the laws of the State of Delaware (regardless of the laws that might otherwise govern under applicable Delaware principles of conflicts of law).
- Governing Law. These Terms of Purchase, and any dispute with respect thereto, shall be governed by and construed in accordance with the laws of the State of Delaware (regardless of the laws that might otherwise govern under applicable Delaware principles of conflicts of law).
- Mediation. If a dispute arises out of or relates to these Terms of Purchase, or the Participant’s involvement in an Event, and if said dispute cannot be resolved or settled through negotiation, Participant, individually and on behalf of all of her/his heirs, personal representatives, executors, successors and assigns, agrees that prior to the filing of any arbitration, or other legal action consistent with the provisions of these Terms of Purchase, that Participant will first attempt, in good faith, to settle the dispute by non-binding mediation administered by the American Arbitration Association. The mediation shall take place in Boston, Massachusetts, and shall be facilitated by a neutral appointed by the American Arbitration Association. The costs of such mediation shall be shared equally by the parties thereto.
- Arbitration. All controversies, disputes or claims arising out of or related to these Terms of Purchase, to the extent not first resolved through negotiation and mediation, will be submitted to and for binding arbitration in front of a single arbitrator of the American Arbitration Association, conducted in accordance with the American Arbitration Association’s then-current Consumer Arbitration Rules, at the American Arbitration Association’s offices in Boston, Massachusetts. All matters related to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§1 et seq.) and not by any state arbitration law.
The arbitrator will have the right to award or include in the award any relief which the arbitrator deems proper in the circumstances, except that the arbitrator does not have the right to award exemplary, punitive, penal or multiple (e.g. double or treble) damages. The award and decision of the arbitrator will be conclusive and binding upon all parties hereto and judgment upon the award may be entered solely in the United States District Court for the District of Massachusetts.
The arbitrator will not have the authority or right to add to, delete, amend, or modify the terms, conditions, or provisions of these Terms of Purchase. All findings, decisions and awards of the arbitrator will be limited to the dispute(s) set forth in the written demand for arbitration (and any submitted counterclaim), and the arbitrator will not have authority to decide any other issues unless the parties to the arbitration mutually agree thereto.
Participant, individually and on behalf of all of her/his heirs, personal representatives, executors, successors and assigns, acknowledges and agrees that any arbitration will be conducted only on any individual, not a class-wide, basis, and that an arbitration proceeding initiated by Participant and/or her/his heirs, personal representatives, executors, successors and assigns, may not be consolidated with any other arbitration proceeding. No findings, conclusions, orders or awards emanating from any arbitration proceeding conducted hereunder may be introduced, referred to, or used in any subsequent or other proceeding as a precedent, to collaterally estop any party from advancing any claim or defense or from raising any like or similar issues, or for any other purpose whatsoever. The principles of collateral estoppel shall not apply in any arbitration proceeding conducted under this section.
Further, Participant, individually and on behalf of all of her/his heirs, personal representatives, executors, successors and assigns, acknowledges and agrees that notwithstanding any provision of law which provides for a longer limitations period, neither Participant nor Participant’s heirs, personal representatives, executors, successors and assigns will bring, commence, or maintain an action or claim of any kind, in connection with liability or obligation in connection with these Terms of Purchase, or otherwise, unless brought before the expiration of the earlier of: (i) one (1) year after the date of discovery of the facts resulting in such alleged liability or obligation, or if earlier, the date such facts should or could have been discovered with reasonable diligence; or (ii) eighteen (18) months after the date of the first act or omission giving rise to such alleged liability or obligation. Actions and claims brought or asserted after expiration of the applicable limitations period shall be barred.
Tough Mudder US
Event Pass Terms of Purchase
The following terms and conditions shall apply to your purchase of a Tough Mudder Flex Ticket, Season Passes, Race Passes and Bundles Pass products collectively “Event Pass(es)”. By completing a purchase of a Tough Mudder Event Pass, you shall be deemed to have read, understood, and agreed to these Event Pass Terms of Purchase and to have entered into a legally binding contract with OCR US Holdings LLC or OCR Canada Holdings LTD. (including its parents, subsidiaries, and affiliates, collectively “Spartan”, “Tough Mudder, “we”, “us”), depending on the location of your event.
- Event Passes can be purchased in Tough Mudder 15K, Tough Mudder 10K, Tough Mudder 5K versions which are redeemable against any scheduled 2023 event of its type in the United States or Canada(“Events”).
- Each Event Pass purchased will have a distinct redemption code that can be used to register for the applicable Event format (“Redemption Code”).
- Redemption Codes can be used up until the day before the respective event.
- Event Passes are non-transferable and non-refundable, and Event Passes cannot be exchanged for any credit or voucher.
- If you are unable to attend the Event you have registered for with the Event Pass Redemption Code, you may be able to transfer subject to the Section 8 Transfers of our General Terms of Purchase.
- If the Event you have registered for using the Event Pass Redemption Code is postponed or cancelled, you will be provided with a new redemption code that may be used to register for a later scheduled 2023 Event.
- The name, email address and date of birth associated with each Event Pass must match the name, email address, and date of birth associated with the Event registered it is used for. Event Passes cannot be used to purchase Event registrations for other people.
- There is no limit on the number of Event Passes that can be purchased by an individual.
- The deadline to register for an Event using the Event Pass Redemption Code is one day prior to the commencement of each such Event (“Redemption Deadline”). Event Pass Redemption Codes will not be redeemable for any such Event after the Redemption Deadline.
- Unused Event Pass Redemption Codes will expire at the end of the 2023 Event season, and must be redeemed prior to the Redemption Deadline for the final 2023 Event (“Expiration Date”). Redemption Codes and pre-registered events are not transferable to 2024.
- If an Event Pass Redemption Code is unused prior to the Expiration Date, Tough Mudder will not issue a refund, nor will Tough Mudder issue a credit or voucher for any value.
- Event Passes cannot be used in conjunction with any other offer and/or discounts code.
- Tough Mudders General Terms of Purchase shall additionally apply to all purchases of an Event Pass. To the extent that there is a conflict between these Flex Event Pass Terms of Purchase and those Terms of Purchase in Tough Mudders General Terms of Purchase, these Event Pass Terms and Conditions shall apply.