WAIVER #1: OCR US HOLDINGS LLC t/a Tough Mudder -
Tough Mudder Challenges & Training Waiver
PARTICIPANTS AND PARENTS/GUARDIANS OF MINORS: READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO ITS TERMS. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND MAY AFFECT YOUR LEGAL RIGHTS AND MAY LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
MINORS AGED 13, 14, 15, 16 OR 17: YOU MAY ONLY PARTICIPATE IN THE TOUGH MUDDER EVENT, OR CHALLENGE OR TRAINING IF YOU ARE ACCOMPANIED BY YOUR PARENT OR LEGAL GUARDIAN / AN ADULT AGED 18 OR OVER AND YOUR PARENT OR LEGAL GUARDIAN’S HAS ACCEPTED THE TERMS OF THIS AGREEMENT.
PARENTS/LEGAL GUARDIANS: IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR, THEN BY CHECKING THE BOX BELOW THIS AGREEMENT YOU ARE CONSENTING TO THE TERMS OF THIS AGREEMENT AND YOU ARE AGREEING TO THE MINOR’S PARTICIPATION IN THE TOUGH MUDDER EVENT, OR CHALLENGE OR TRAINING UNDER YOUR / AN ACCOMPANYING ADULT’S DIRECT SUPERVISION.
Definitions and Interpretation
“Agreement” means this Assumption of Risk, Limitation of Liability and Indemnity Agreement for Participants Aged 14 or Over;
“Claim(s)” means all claims and actions for losses, costs, expenses and damages, including legal fees and related expenses;
“I / me / my / Participant” is you, who will be a participant, and, if applicable the Parent/Guardian in the TM event, or Challenge or Training and who is either aged 18 or over or is a Minor, and who has accepted the terms this Agreement below;
“Inherent Risks” are described below in the paragraph headed “Assumption of Inherent Risks”;
“Minor” means the Participant in the TM event, or Challenge or Training who has accepted the terms of this Agreement and who is aged 14, 15, 16 or 17 on the date of their assent to this Agreement;
“Parent/Guardian” means the Minor’s parent or legal guardian who has accepted the terms of this Agreement and is named below;
“Released Parties” are together Spartan Race Inc, OCR US Holdings LLC and its affiliates and its and their respective directors, officers, employees, agents, contractors, insurers, equipment suppliers, spectators, other participants and volunteers; all OCR US Holdings LLC event sponsors, organisers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing;
“Releasing Parties” are together my and Parent/Guardian’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else bringing a Claim against TM or the Released Parties on my behalf;
“Rules” means all of the rules contained in this Agreement together with all of the health and safety, course and access rules and regulations provided to me or posted on the website www.toughmudder.com (as displayed on the date that I accepted the terms of this Agreement);
“TM Challenge” is any Tough Mudder Challenge branded activity;
“TM Training Programs” is a Tough Mudder Training program.
“TM” is OCR US Holdings LLC t/a Tough Mudder, a wholly owned subsidiary of Spartan Race Incorporated; and “Venue” means the location or locations at which the Participant chooses to complete the Tough Mudder Challenge or activity.
Paragraph headings shall not affect the interpretation of this Agreement. Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
Assumption of Inherent Risks: The Tough Mudder Challenge is meant to be an extreme test of toughness, strength, stamina, camaraderie, and mental grit that takes place over a period of time in locations chosen by the Participant. It is primarily a competition with oneself and the challenge. The object is to complete the various challenging activities within the allotted time.. The Venue may become part of the challenge. Some of the activities may include running, physical exercises, mental test, crawls, climbs, swims, consumption of edible food and beverages, and other activities not listed here. In summary, the TM Challenge is a hazardous activity that presents a significant physical and mental test to participants. I acknowledge that the TM Challenge is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the TM Challenge) regardless of the care, measures and precautions taken by TL and are further described below (“Inherent Risks”). I also understand that the TM Challenge is an extremely strenuous undertaking and that there are risks and dangers generally in taking part in such activities. I understand that these hazards may be magnified by the Venues I choose to complete them in.
The Tough Mudder Training Programs take place over a 5 week or 8 week time frame in locations chosen by the Participant. TM Training is designed to push the Participant physically and mentally in preparation for a Tough Mudder event. The Participant will be provided various exercises and workout routines throughout the length of the program. Exercises may include running, strength movements, mental toughness activities, crawls, climbs, bar movements and other exercises not listed here. In summary, the TM Training is a physically demanding activity to participants. I acknowledge that the TM Training Program will recommend actions that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the exercise structure of the TM Training Programs) regardless of the care, measures, and precautions taken by TM and further described below (“Inherent Risks”).I also understand that the TM Training Programs are a strenuous undertaking and that there are risks and dangers generally in taking part in such a program. I understand that these risks may be magnified by the Venues I choose to complete the program in. I understand that it is solely up to me to determine which activities to partake in, how to engage in them, and I am solely responsible for my own actions in choosing how to complete the training program.
I understand and acknowledge that the Inherent Risks include, but are not limited to: 1) my contact or collision with other persons or objects (e.g., members of the public, other participants, motor vehicles, machinery, or natural or man-made fixed objects or obstacles or property); 2) my encounter with TM Challenge or Training elements; 3) challenging Venue conditions; 4) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 5) judgment and/or behaviour related problems by me during the event; 6) erratic or inappropriate behaviour by other participants and/or members of the public; and 7) natural hazards (e.g., uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life and/or ticks, Urban and Rural environments). TM will use reasonable care and skill to design the TM Challenge and Training taking into account the nature of the Inherent Risks. As TM is not physically present in my Venue(s) of choice, I understand that complete responsibility lies with me to make choices regarding performance of the Challenge or Training elements in consideration of local conditions, hazards and protection of my own health and wellbeing.
I further understand and acknowledge that any of the Inherent Risks and other risks, not specifically named, may cause injury or injuries that may be categorised as minor, serious, or catastrophic..
I understand that it is my responsibility to consult with my doctor (“GP”) prior to participating in the TM Challenge or Training to ensure that I am fit and well enough to take part and that my participation will not pose any unusual or serious risks to my health and well-being.
If I believe or become aware that any aspects of the TM Challenge or Training are unsafe or pose unreasonable risks, I agree to immediately notify appropriate TM personnel. I and Parent/Guardian accept that I am fully and solely responsible for the condition and adequacy all of my own equipment that I bring to the Venue.
I understand fully the Inherent Risks involved in the TM event and I assert that I am willingly and voluntarily participating in the TM Challenge or Training Program and Parent/Guardian asserts that he/she is willingly and voluntarily permitting his/her Minor’s participation in the TM Challenge. I have read the preceding paragraphs and acknowledge that: 1) I understand the nature of the TM Challenge or Training Program; 2) I understand the demands of the activities at the TM Challenge or Training Program relative to my physical condition; 3) I appreciate the potential impact of the types of injuries that may result from my participation in the TM Challenge or Training program; 4) I hereby confirm that I knowingly assume all of the Inherent Risks of the TM Challenge or Training Program; and 5) I understand that TM recommends that I check that I have necessary insurance to cover any injuries I may suffer as a result of participating in the TM challenge or Training Program .
Limitation of Liability: I and Parent/Guardian hereby forever waive, release, covenant not to Claim, and discharge TM and the other Released Parties from any and all Claims arising out of my participation in the TM event:
1) resulting from the Inherent Risks e.g. for personal injury (including death) including injury caused during practice runs, and while participating or executing any part of the Challenge or Training Program; and/or
2) resulting from damage to, loss of, or theft of my property during the TM Challenge or Training Program;
EXCEPT THAT nothing in this Agreement shall limit or exclude either TM or the Released Parties’ liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (iii) criminal acts; (iv) fraud; (v) or any liability that cannot be excluded under applicable law.
Indemnity: I hereby agree to reimburse TM and the other Released Parties in respect of: 1) any and all Claims made by any Releasing Party arising out of my participation in the TM event resulting from the Inherent Risks e.g., for personal injury, including death, (including injury caused during practice runs and while at the Venue) and/or from damage to, loss of, or theft of my property during the TM challenge or Training Program; and 2) any and all Claims of other participants, rescuers, and others arising from my failure to comply with the Rules and/or my reckless conduct in the course of my participation in the TM Challenge or Training Program;
EXCEPT FOR Claims arising from either TM or the Released Parties’ liability for: (i) death or personal injury resulting from its negligence; (ii) breach of statutory duty; (iii) criminal acts; (iv) fraud; (i) or any liability that cannot be excluded under applicable law.
The Limitation of Liability and Indemnity provisions in this Agreement shall survive the end of the TM challenge or Training Program.
Venue and Jurisdiction: I understand that if legal action is brought in connection with this Agreement or its subject matter, the courts of England and Wales shall have the sole and exclusive jurisdiction over the action and that only the substantive laws of England and Wales shall apply.
Severability: I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by laws of England and Wales and that if any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, unlawful, void, or for any reason unenforceable, then that provision or part-provision shall, to the extent required, be deemed to be deleted from this Agreement, and the validity and enforceability of any remaining provisions of this Agreement shall not be affected.
Entire Agreement: This Agreement supersedes any and all previous oral or written promises or agreements. I and Parent/Guardian each understand that this is the entire Agreement between me and TM relating to its subject matter, and cannot be modified or changed in any way by representations or statements by any agent or employee of TM. I and Parent/Guardian each agree that this Agreement may only be amended by a written document duly executed by TM and I on giving me at least 30 days written notice prior to the date of the TM Challenge or Training Program. If I do not agree to the amended terms of this Agreement I must let TML know in writing at least 7 days before the date of the TM event (“Refusal”) and I acknowledge that I shall not be permitted to take part in the TM Challenge or Training Program. In these circumstances the entry fee that I have paid shall be refunded to me within 30 days of the date of my Refusal. If I do not send TM a Refusal I shall be deemed to have accepted the amended terms of this Agreement. For the purpose of this provision a reference to “writing” includes email.
Agreements for the Protection of Participants
- I confirm that I am in good health and in proper physical condition to safely participate in the TM Challenge or Training Program. I confirm that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the TM Challenge or Training Program, or that would result in my participation creating a risk of danger to myself or to others.
- I acknowledge that TM recommends and encourages that I obtain medical clearance from my GP prior to my participation in the TM event. I confirm that I have not been cautioned against me participating in the TM Challenge or Training Program by any medical practitioner.
- I understand it is my responsibility to continuously monitor my own physical and mental condition during the TM Challenge or Training Program, and I agree to withdraw immediately if my continued participation would create a risk of danger to myself or to others.
- I consent to abide by local restrictions and guidelines around use of outdoor and or public spaces, personal hygiene standards, traffic laws and other curfews or restrictions that may be in place from time to time. I will follow and abide by all local laws and regulations and adjust my participation as appropriate to ensure compliance.
- I acknowledge that TM has instituted its rules for the protection of everyone attending the TM Challenge or Training program including its participants. I agree to familiarise myself with all Rules and to follow them throughout the TM Challenge or Training Program. Parent/Guardian agrees to also familiarise his / herself with the Rules and ensure that the Minor is familiar with such Rules and will follow them throughout the TM Challenge or Training Program. I agree that TM may stop or prevent my participation in the TM Challenge or Training Program if my participation, conduct, or presence endangers me or any other person present at the TM Challenge or Training Program.
Removal from TM Challenge or Training Program: I acknowledge that TM personnel may prohibit or stop anyone from taking part in the TM Challenge if they believe such person has disobeyed any applicable Rules, directions, instructions, decisions, or laws; or whose behavior endangers safety or negatively affects that person, any other person, facility, or property of any type or kind. I acknowledge that Tough Mudder seeks to provide a safe space for both online and in-person communities and that any use of derogatory or discriminatory language, symbols or behaviour may result in my immediate and automatic removal at Tough Mudder’s sole discretion and will forfeit my right to a refund or future event participation.
Alcohol & Drugs: I agree to ensure that: I will not be under the influence of alcohol or any non-prescription drugs during my participation in the Challenge or Training Program.
Photography: I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me posted by me to Tough Mudder’s forums or using Tough Mudder’s official event hashtags, become the shared property of TM. I acknowledge that such photographs, motion pictures, recordings, and/or likenesses of me may be edited, disseminated, adapted, modified, copied, used and/or exploited in whole or in part in all media and formats throughout the world in perpetuity for any legitimate commercial or non-commercial purpose, including but not limited to promoting, advertising and marketing TM and events held by TM, without prior notice or compensation. I further understand that TM has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses of me. I also grant TM the permission to use my name in connection with its legitimate commercial and non-commercial purposes including but not limited to promoting, advertising, and marketing TM and events held by TM without prior notice or compensation
Rules: I and Parent/Guardian agree that my participation in the TM event is subject to my compliance with: 1) the terms of this Agreement; 2) the Rules; 3) all directions, instructions and decisions of TM on the day of the TM Challenge or Training Program.
Age: I and Parent/Guardian confirm that I am aged 13 or over on the date that I am accepting the terms of this Agreement.
Participant's Agreement Acknowledgment of Understanding: I have read this Agreement and fully understand its terms. I understand that I am limiting my rights, including my right to sue. I further acknowledge that I am accepting the terms of this Agreement freely and voluntarily.
IF THE PARTICIPANT IS A MINOR (I.E. AGED 13, 14, 15, 16 OR 17 ON THE DATE THEY ACCEPT THE TERMS OF THIS AGREEMENT) THEN THEIR PARENT OR GUARDIAN MUST ALSO ACCEPT THE TERMS OF THIS AGREEMENT.
Parent/Guardian’s Agreement and Acknowledgment of Understanding: I confirm that I am the parent or legal guardian of the above named participating Minor and that I have read this Agreement and fully understand its terms. I understand that by assenting to the terms of this Agreement I am limiting my rights, including my right to sue. I further acknowledge that I am accepting the terms of this Agreement freely and voluntarily. I confirm that either I or an adult aged 18 or over will accompany the Minor if the Minor is participating in the TM event.
Terms of Purchase
All purchases are final and can not be amended. The prices payable for the Products that you order are clearly set out on our site. The price of the Products does not include the delivery charge or applicable local sales tax which will be charged at the rates applicable at the date you place your order. Prices, promotions and specifications can change without notice and Products are subject to availability. We reserve the right to correct any pricing errors or misprints which we later discover. We will notify you of any such error to discuss the correct price and seek agreement to proceed with the sale at the correct price or to refund the incorrect price without receiving the goods. If for any reason beyond our control we are unable to supply a particular Product we will notify you as soon as possible. Valid promotional codes may be entered during the checkout process. Only one promotional code can be used during purchase. Purchaser is responsible for paying the additional cost such as duties, taxes, and custom clearance fees. These charges can vary widely and are often based on the price and type of item, package weight and dimensions, origin country and the taxes and duties, and fees of the destination country. All purchases are non refundable.
In the event that a participant elects to transfer their event registration prior to the start of the training program, and that participant is also enrolled in that corresponding event’s training program, Tough Mudder will honor the free transfer of that training program to the corresponding new event registration. Training program transfers may be completed by emailing USsupport@toughmudder.com. In the event that Tough Mudder is forced to cancel an event, or alter the date or location of an event the corresponding training program registration will be automatically transferred to the corresponding new event date.