Once the transaction is finalized, there are no refunds.
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 RELEASESEES 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 Pumpkin Factor 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 Pumpkin Factor event by eight51, inc. photographers, their affiliated entities or contractors and/or the media become the sole property of Mud Factor. Each of THE UNDERSIGNED grants the right, permission and authority to Mud Factor 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 Mud Factor 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 11:59 PM PST on the Monday, prior to the event.
Pumpkin Factor 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 Mud Factor 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. Mud Factor is not responsible for incorrect spellings in e-mail addresses. Mud Factor 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.