IN CONSIDERATION of being permitted to compete,
officiate, observe, work for, volunteer, or participate in any way in
the activities and events (hereinafter collectively defined as "the
ACTIVITIES") or for being permitted to enter for any purpose any
RESTRICTED AREA (defined as any area requiring special authorization,
credentials, or permission to enter or any area to which admission by
the general public is restricted or prohibited), EACH OF THE
UNDERSIGNED, for himself/herself, his/her personal representatives,
heirs, and next of kin:
1. Acknowledges, agrees, and represents
that he/she has or will immediately upon entering any of such RESTRICTED
AREAS, and will continuously thereafter, inspect the RESTRICTED AREAS
which he/she enters, and he/she further agrees and warrants that, if at
any time, he/she is in or about RESTRICTED AREAS and he/she feels
anything to be unsafe, he/she will immediately advise the officials of
such and if necessary will leave the RESTRICTED AREAS and/or refuse to
participate further in the ACTIVITIES.
2. HEREBY RELEASES,
WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the promoters, participants,
sanctioning organizations or any subdivision thereof, operators,
owners, officials, rescue personnel, any persons in any RESTRICTED AREA,
sponsors, advertisers, owners and lessees of premises used to conduct
the ACTIVITIES, premises and event inspectors, surveyors, underwriters,
consultants and others who give recommendations, directions, or
instructions or engage in risk evaluation or loss control activities
regarding the premises or ACTIVITIES and each of them, their directors,
officers, agents and employees, all for the purposes herein referred to
as "Releasees," FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal
representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR
DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE
PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT
OF OR RELATED TO THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE
RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE
AND HOLD HARMLESS the Releasees and their insurance carrier, and each of
them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising
out of or related to the ACTIVITIES WHETHER CAUSED BY THE NEGLIGENCE OF
THE RELEASEES OR OTHERWISE.
4. HEREBY ASSUMES FULL RESPONSIBILITY
FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of
or related to the ACTIVITIES whether caused by the NEGLIGENCE OF THE
RELEASEES or otherwise.
5. HEREBY acknowledges that THE
ACTIVITIES ARE DANGEROUS and involve the risk of serious injury and/or
death and/or property damage. Each of THE UNDERSIGNED, also expressly
acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY
NEGLIGENT RESCUE OPERATORS OR PROCEDURES OF THE RELEASEES.
6. IF
DESPITE THIS RELEASE, I OR ANYONE ON MY BEHALF MAKES A CLAIM AGAINST THE
"RELEASEES", I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE
RELEASEES AND THEIR INSURANCE CARRIER, AND EACH OF THEM FROM ANY
LITIGATION EXPENSES, ATTORNEYS FEES, LOSS, LIABILITY, DAMAGE, OR COSTS
THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE "RELEASEES"
NAMED ABOVE WHETHER THE CLAIM IS BASED ON THE NEGLIGENCE OF THE RELEASE
OR OTHERWISE.
7. HEREBY agrees that this Release and Waiver of
Liability, Assumption of Risk and Indemnity Agreement extends to all
acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE
OPERATIONS and is intended to be as board and inclusive as is permitted
by the laws of the Province or State in which the EVENT(S) is/are
conducted and that if any portion thereof is held invalid, it is agreed
that the balance shall, notwithstanding, continue in full legal force
and effect.
8. HEREBY understands and acknowledges that all fees
and associated costs (including optional purchases and donations) paid
in registration for this Eight51, Inc. event are NON-REFUNDABLE FOR ANY
REASON, under any circumstances, including but not limited to injury, a
scheduling conflict and/or event cancellation.
9. HEREBY
understands that any and all photographs, motion pictures, recordings
and/or likenesses of participants and spectators captured during the
Eight51, Inc. event by Eight51, Inc. photographers, their affiliated
entities or contractors and/or the media become the sole property of
Eight51, Inc.. Each of THE UNDERSIGNED grants the right, permission and
authority to Eight51, Inc. to use his/her name and any such photographs,
motion pictures, videos, recordings and/or likenesses for any
legitimate purpose, including, but not limited to promoting, advertising
and marketing activities. THE UNDERSIGNED further understands that
Eight51, Inc. has the full right to sell and/or profit from the
commercial use of such photographs, motion pictures, recordings and/or
likenesses.
10. HEREBY acknowledges and understands that any
online changes to registration, including but not limited to
registration transfers, wave time changes and personal information, must
be requested and all pertinent information must be received no later
than 7 days prior to the event. Wave time changes may be made at event
registration check-in as well. Registration transfers and deferments may
be made on event day only if the ORIGINAL REGISTERED PARTICIPANT
appears in person at the event and presents Valid ID.
Eight51,
Inc. charges a Non-Refundable Administrative fee for Wave Time Changes,
Registration Transfers and Registration Deferments. There is no charge
for correcting errors related to spelling corrections, gender
corrections, birthdate corrections and contact information updates. We
reserve the right to refuse any changes for any reason. No changes of
any kind can nor will be made between the online deadline and event day.
Please see mudfactor.com/faq for more details.
11.
HEREBY understands that creating or joining a team does not preclude
nor override the registered wave time chosen on this form.
12.
HEREBY understands that Eight51, Inc. may add wave times later in the
day and/or expand/combine waves at event management’s discretion.
Participants will be notified of wave time changes by the e-mail address
registered with this form. Eight51, Inc. is not responsible for
incorrect spellings in e-mail addresses. Eight51, Inc. is not
responsible for e-mails that land in Spam or Trash folders.
I
HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND
INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE
GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND
VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE
TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE
OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Welcome to a website, domain or mobile application owned by Eight51
Events, Inc., its agents, subsidiaries or affiliates (collectively,
“851,” “we,” and/or “us”) that features 851 or one of our events or
services. This Privacy Policy applies to our websites, domains, mobile
applications (collectively, the “Services”). 851 makes the Services
available for your use subject to all applicable terms and conditions
contained in in our Terms of Service and in this Privacy Policy
(collectively, the “Terms”). The Terms may change from time to time and
changes are effective upon posting, so it is your responsibility to
check back and review the Terms.
Please read the Terms of Service
and this Privacy Policy carefully. By accessing or using the Services,
including, without limitation, visiting our websites, registering for
our events, signing up for contests or sweepstakes, participating in
surveys, submitting comments or content, you expressly acknowledge that
you have read and agree to be bound by the Terms and any applicable
local laws. You waive any and all defenses you may have based on the
electronic form of the Terms and the lack of signature by the parties.
If you do not agree to the Terms, please stop using the Services
immediately.
This Privacy Policy will help you understand what
information we collect, how we use the information, how we share the
information, and the choices you may have with respect to the
information we collect. Please contact us at info@mudfactor.com if you have any questions regarding this Privacy Policy.
You may opt out of receiving our emails by emailing us at info@mudfactor.com.
Note, however, that if you opt out of receiving emails related to your
current event registrations, you may miss important information or
changes relating to the event, for which 851 assumes no responsibility.
INFORMATION WE COLLECT
We collect information from you in several different ways, including:
Information You Provide To Us Or Give Us Permission To Obtain
We
collect information you provide directly to us. For example, we collect
information when you provide it to us voluntarily by creating an online
account, commenting on a message board, registering for an event,
signing up to receive our emails, contacting our customer service team,
participating in a sweepstakes, contest or survey, donating to one of
our charity partners, applying for a job or otherwise communicating with
us.
You also may give us permission to access your information
on third party social media sites. For example, you may link your
Facebook or Twitter account to our websites, which allows us to obtain
information from those accounts (e.g., your friends or contacts). The
information we obtain from those services often depends on your settings
or their privacy policies, so be sure to keep those updated with your
preferred settings.
The types of information we may collect
include your name, email address, phone number, zip code, billing
address, and any other information you choose to provide.
Information We Collect Automatically
We automatically collect certain information when you access the Services or transact business with us, including:
Transaction
Information: When you register for one of our events or services, we
collect information about the transaction, such as contact information,
registration details and the date and time of the registration.
Log
Data: When you access the Services, our servers automatically record
certain data (“Log Data”). Log Data we collect includes, but may not be
limited to, Internet Protocol (“IP”) addresses, browser type,
characteristics of your device and software, domain names of your
Internet Service Provider, your approximate geographic location, a
record of your usage of the Services, the time of your usage, the
referring link through which you accessed the Services and aggregated
personal data that cannot be used to specifically identify you.
Device
Data: In addition to Log Data, we may also collect information about
the device you use to access our sites (“Device Data”), including what
type of device it is, what operating system you are using, device
settings, unique device identifiers and crash data. Whether we collect
some or all of this information often depends on what type of device you
are using and its settings. For example, different types of information
are available depending on whether you are using a Mac or a PC, or an
iPhone or an Android phone. To learn more about what information your
device makes available to us, please consult the policies of your device
manufacturer or software provider.
Email Communications: When you
open emails from us, we may receive a confirmation noting you opened the
email (if your computer supports such capabilities). We may also keep
track of what emails we send you and what emails you may be receiving
from our affiliates (if any).
Information Collected by Cookies, Pixels and Other Tracking Technologies:
Cookies
are small pieces of data that are stored as text files by your Internet
browser on your computer, mobile phone or other device. Most Internet
browsers are initially set to accept cookies. We use cookies to track
user traffic patterns. You can set your browser to refuse cookies from
websites or to remove cookies from your hard drive, but, if you do, you
will not be able to access or use portions of our websites such as
message boards, forums, contests and surveys.
Web beacons or tracking
pixels are small blocks of code on webpages that do things like allow
another server to measure viewing of a webpage; they are often used in
connection with cookies.
We may use cookies, web beacons, tracking
pixels and other tracking technologies to collect information about you
when you interact with our websites or emails, including information
about your browsing or registration behavior.
We may combine this
information with other information we collect about you and use it for
various purposes, such as improving the Services and your online
experience, understanding which areas and features of our sites are
popular, counting visits, understanding campaign effectiveness,
tailoring our communications with you, determining whether an email has
been opened and links within the email have been clicked and for other
internal business purposes.
Google Analytics:
We use a tool called
Google Analytics to collect information about use of this site. Google
Analytics collects information such as how often users visit this site,
what pages they visit when they do so, and what other sites they used
prior to coming to this site. We use the information we get from Google
Analytics only to improve this site. Google Analytics collects only the
IP address assigned to you on the date you visit this site, rather than
your name or other identifying information. We do not combine the
information collected through the use of Google Analytics with
personally identifiable information. Although Google Analytics plants a
permanent cookie on your Web browser to identify you as a unique user
the next time you visit this site, the cookie cannot be used by anyone
but Google. Google’s ability to use and share information collected by
Google Analytics about your visits to this site is restricted by the
Google Analytics Terms of Use and the Google Privacy Policy. You can
prevent Google Analytics from recognizing you on return visits to this
site by disabling cookies on your browser.
Information We Collect From Sponsors, Partners And Other Sources
We
may also obtain information from other sources and combine that with
information we collect about you. For example, our event sponsors may
track visitors to their websites who clicked on a link in an email sent
by us and they may share the aggregated data with us.
INFORMATION USE
Internal Use:
We
use your personal information to process your registration and provide
you with the above-and-beyond customer service for which we are known.
We use your personal information to organize and administer events and,
if applicable, to provide results from events. In addition, in our
constant effort to seek bottlenecks, we may use your personal
information to improve the Services, to improve our marketing efforts
directed at new and existing customers and to determine general
information about visitors to our websites or applications.
Communications With You:
We
use your personal information to communicate with you about your events
(either those for which you have registered or those which you have
created), such as to send you a confirmation email when you register for
an event and updates relating to that specific event. Also, you may
submit your email address to us for a variety of reasons, including, but
not limited to: registering for a sweepstakes, contest or survey;
requesting that we notify you of new brands, events or products; signing
up for newsletters and special offers. If you submit your email address
to us, we use it to deliver information to you.
By creating an
online account or registering for an event on our website and providing
us with your email address, you expressly agree that we may communicate
with you in the following ways: (a) provide updates and information
relating to your event; (b) promote events that differ from the one for
which you originally registered, whether produced by 851 or one of its
affiliates, sponsors or partners or another unrelated entity; (c)
promote products that differ from those which you have purchased; (d)
provide 851 updates and information about 851's events or brands; and
(e) provide information about the Services.
INFORMATION SHARING
We may share your information with third parties as follows:
When
vendors, consultants and other service providers need access to
information to carry out work on our behalf or help them perform their
service;
When we must provide your credit card number to financial services entities such as credit card processors and issuers;
To
business partners, including sponsors, advertisers or venue owners, who
may use the information to provide you with information about other
events, products, services, special offers, promotional materials,
contests or sweepstakes that may be of interest to you (in accordance
with their own privacy policies);
In response to requests from law
enforcement officials conducting investigations; subpoenas; a court
order; or if disclosure is in accordance with any applicable law,
regulation or legal process, or as otherwise required by any applicable
law, rule or regulation;
If we believe your actions are inconsistent
with the Terms or other policies, or to protect the rights, property and
safety of us or any third party;
In connection with, or during
negotiations of, any merger, sale of company assets, financing or
transfer of all or a portion of our business to another company;
To publicize the name, city and state of contest and sweepstakes winners; and
With your consent or at your discretion.
DATA SECURITY
While
we use industry-standard precautions to safeguard your personal
information, we cannot guarantee complete security. 100% security does
not presently exist anywhere online or offline.
IN NO EVENT SHALL
851 BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH A
THIRD PARTY’S UNAUTHORIZED ACCES TO YOUR INFORMATION, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR
OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER 851 WAS
GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
CHILDREN’S PRIVACY
The Services are
not directed to children and, accordingly, we request that all users be
persons over the age of twenty one (21). The Services do not knowingly
collect, use or disclose personal information from children under the
age of twenty one (21). If you are a parent or guardian who believes
that your minor child has provided us with personal information without
your consent, please contact us by email at info@mudfactor.com.
NOTICE TO CALIFORNIA RESIDENTS
Your
California Privacy Rights: if you live in California and have an
established business relationship with us, you may request a list of the
personal information we have shared with third parties for their
marketing purposes and opt out of having your personal information
shared with third parties for marketing purposes. You may make one
request per year by email at info@mudfactor.com. We will respond within 30 days.
INTERNATIONAL USERS
Please
note that the Services are operated in the United States and directed
towards users who reside in the United States. If you are located
outside of the United States, you acknowledge that any information you
provide to us will be transferred to the United States. By using the
Services, you consent to the collection, storage, processing and
transfer of your information in and to the United States.
If your event is cancelled, we will refund the amount you paid for your tickets (minus order processing, service and delivery fees) using the same payment method used for purchase. If your event is postponed, we will contact you with the new date and time. All Event personnel have the right to refuse entry to any ticket holder for any reason at their discretion. Venue and Talent are subject to change without notice and are not grounds for a refund. Anything promised by the promoter that is unfulfilled is not guaranteed by the seller and is not grounds for a refund.
There are no refunds.