Mammoth Event Corporation 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 Mammoth Event Corporation (“MammothMarch”, “we”, “us”), including all MammothMarch events operated in the United States of America (the “U.S.”, each, an “Event” and collectively, the “Events”). If you have any questions, please send an e-mail to contact@mammothmarch.com. Your purchases on any site used to register for a MammothMarch event (collectively, the “Sites”) are subject to these Terms of Purchase.

 

1. AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT. You represent and warrant to MammothMarch 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) “MammothMarch” means 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 MammothMarch 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 MammothMarch, you agree to defend, indemnify, and hold MammothMarch harmless from such claim.

2. PAYMENT METHODS AND PLATFORM. MammothMarch accepts American Express, Discover, MasterCard, JCB, Visa for registration to its Events. Race Roster US, Inc. (“Race Roster”) acts as the agent to MammothMarch in connection with the registration process for the Events.

3. FEES, PRICING AND AVAILABILITY. MammothMarch may charge the following fees related to your participation in an Event: a) a registration fee to participate in the Event (the “Event Registration Fee”), b) a fee covering parking and/or shuttle services, event cancellation coverage, merchandise discount and/or bag check services, (c) a processing fee related to use of the Race Roster registration platform, and (d) any applicable taxes (collectively, the “Total Event Fees”). MammothMarch may change any fees included in the Total Event Fees for an Event at any time prior to a Participant’s purchase without notice. Events have a limited capacity, therefore Event Registration for popular Events may sell out quickly. Event Registration Fees may vary depending upon geographic market, availability, hiking event type (e.g. 20, 30, 60 mile distance), venue requirements and/or regulations. MammothMarch may change such Event Registration Fees at any time without notice. All event dates and times are subject to change.

4. CANCELED AND RESCHEDULED EVENTS. All MammothMarch Events are rain or shine events. You bear all risks of inclement weather. You also understand and agree that MammothMarch reserves the right to cancel the Event for events beyond its reasonable control, including, without limitation, in the event of weather (including, but not limited to, pandemic, epidemic, heat, earthquakes, tornados, fires, floods, storms, lightning), accidents, acts or threats of war or terrorism, military conflicts, riots, government order, law or regulation, national or regional emergency 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. You agree to hold MammothMarch harmless from any Claim of any kind or nature related to any cancellation or disruption of the Event. In the event of an Event cancellation for any reason, there will be no refund of your payment unless authorized by MammothMarch. If an Event is canceled, 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. If MammothMarch issues you a refund for an Event Registration due to a canceled or postponed Event, MammothMarch will issue a refund of the Event Registration’s face value paid (or, for a discounted Event Registration, then instead the discounted Event Registration price paid) and all service fees paid. If a refund is issued, it will be issued using the same method of payment that was used to purchase the Event Registration. MammothMarch will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed Event.

5. REFUNDS AND TRANSFERS. Before purchasing an Event Registration, carefully review your purchase. MammothMarch does not offer refund of Event Registration Fees for any circumstances. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner regarding an Event Registration that you purchased. Without limiting the generality of the foregoing, you will not contact MammothMarch to seek a refund. You will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase an Event registration from the Site. Should you do so, your Event Registration may be canceled and MammothMarch may, in our sole discretion, refuse to honor pending and future Event registrations made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

6. 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, MammothMarch receives incorrect billing or credit card account information for an Event Registration that can delay processing and delivery. In these cases, MammothMarch 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, MammothMarch may cancel your order without further notice.
   Notwithstanding the above, if you do not receive a confirmation number (in the form of a confirmation page or e-mail) 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 Race Roster or MammothMarch customer service (contact@mammothmarch.com) whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. MammothMarch will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

7. ASSUMPTION OF RISK AND CONSENT TO MEDICAL CARE. The Event may involve inherent risks and dangers to participants and observers and, accordingly, you participate or observe at your own risk. MammothMarch 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 as well as extreme weather conditions. MammothMarch 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 MammothMarch team member to call for medical assistance or for directions to a medical/aid station.
   You represent and warrant that you are in good physical condition, are able to safely participate in the Event, and have no medical condition that would make your 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. You will be required to sign our standard form waiver and any other waivers we implement from time to time prior to participating in the event. In the event of a conflict between these terms and conditions and any waiver executed by Participant, the terms of any such waiver shall control.

8. RELEASE AND WAIVER OF LIABILITY. You hereby waive, release, covenant not to sue and forever discharge MammothMarch from all Claims arising out of or in any way connected with your registration. 

9. MAMMOTHMARCH SHALL NOT BE LIABLE to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MammothMarch has been advised of the possibility of such damages). Without limiting the foregoing, MammothMarch will not be responsible for (a) the use or the inability to use the Sites, MammothMarch products or services; (b) 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; (c) your participation in any promotion or program coordinated by MammothMarch; (d) personal injury; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on the MammothMarch sites; (g) any other matter relating to the sites, or MammothMarch products or services. You agree that MammothMarch’s maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by MammothMarch from you. Nothing in these Terms of Purchase shall be construed as limiting or excluding MammothMarch's liability for: 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.

10.  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MAMMOTHMARCH 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.

11.  DISCLAIMER OF WARRANTIES. You expressly agree that use of MammothMarch’s services is at your sole risk. The services are provided on an “as is” and “as available” basis. MammothMarch makes no warranty that the site’s services will be uninterrupted, secure, or error free. MammothMarch 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. MammothMarch does not guarantee the accuracy or completeness of any information on, or provided in connection with, the sites. MammothMarch is not responsible for any errors or omissions, or for the results obtained from the use of such information.

12.  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 MammothMarch and/or the owner of the venue where the Event is hosted (the “Venue Owner”) and/or any authorities (i.e. city, county, state and/or any other landowner of any parts of the route where the Event leads through (the “Landowner”) 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 behavior at all times while at the Event and to obey all applicable laws or rules issued by MammothMarch or the Venue Owner or the Landowner (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 or other premises used for the Event, without refund, should your behavior, in the opinion of MammothMarch or the Venue Owner or the Landowner, 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. An Event registration is a revocable license and admission may be refused upon refunding the face amount of the Event registration. An Event registration receipt is not redeemable for cash.

13. 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 MammothMarch 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 MammothMarch to film, videotape and record your (or your Registered Party(ies) performance in the Event and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner MammothMarch shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to MammothMarch, 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 MammothMarch 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.

14. 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 with blades longer than 3 inches. 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 MammothMarch, the Venue Owner nor the Landowner is responsible for any personal item or property that is lost, damaged or stolen at the Event.

15. 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. You are responsible for complying with all applicable ticket resale laws. In addition, MammothMarch reserves the right to restrict or deny Event registration privileges to anyone that MammothMarch determine to be, or has been, in violation of our policies. Promotional codes or passes may not be used for advertising, promotions, contests, or sweepstakes, unless formal written authorization is given by us.

16. 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 Florida (regardless of the laws that might otherwise govern under applicable Florida principles of conflicts of law).

17. 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 be facilitated by a neutral appointed by the American Arbitration Association. The costs of such mediation shall be shared equally by the parties thereto.

18. WAIVER. You understand that participation in the event is potentially hazardous, and that a registered party should not participate unless they are medically able and properly trained. You understand that events may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected. Participation carries with it certain inherent risks that cannot be eliminated completely ranging from minor injuries to catastrophic injuries including death. You understand and agree that in consideration of being permitted to participate in the event, you and any registered party, the heirs, personal representatives or assigns of you or the registered party do hereby release, waive, discharge and covenant not to sue MammothMarch for any and all liability from any and all claims arising from participation in the event by you or any registered party.

19. INDIVIDUAL REGISTRANT. By indicating your acceptance of this agreement and waiver, you are affirming that you have read and understand this agreement and waiver and fully understand its terms. You understand that you are giving up substantial rights, including the right to sue. You acknowledge that you are signing the agreement and waiver freely and voluntarily and intend by your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law.

20. MULTIPLE REGISTRANTS. By indicating acceptance of this agreement and waiver, all registrants in this transaction are affirming they have read and understand this agreement and waiver and fully understand its terms. All registrants understand that they are giving up substantial rights, including the right to sue. All registrants acknowledge that they are signing the agreement and waiver freely and voluntarily and intend by their acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law.

21. PHOTO VIDEO RELEASE. By participating in this event, you will be taking part in activities where photography, audio, and video recording may occur. By registering for this event, you consent to photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, social media, or any other purpose by MammothMarch, its affiliates and representatives, and Race Roster. Images, photos and/or videos may be used to promote similar events in the future. You release MammothMarch including its officers and employees, Race Roster including its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings. By participating in this event, you waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by MammothMarch, or the person or entity designated to do so by MammothMarch. You have been fully informed of your consent, waiver of liability, and release before participating in this event.

22. IF ANY TERM OF THESE TERMS OF PURCHASE IS TO ANY EXTENT ILLEGAL, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.