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Terms and Conditions

GENERAL TERMS AND CONDITIONS
The offeror of the website and the organizer of Spartan Race in Slovenia is EKSTREM Organizacija športnih dogodkov d.o.o., Obrtna cona Logatec 21, 1370 Logatec, Slovenia, VAT number: SI 28230825, registration number: 2351056000 (hereinafter: Ekstrem d.o.o.). e-mail: matej.simenc@extrem.si

These general terms and conditions apply to all contractual relations between Ekstrem d.o.o. and the user. The user means a natural person that purchases a ticket for participation in Spartan Race event in Slovenia and/or participates at this event, or purchases merchandise from the website.

Article 1: Purpose of the contract

The principal activity of Ekstrem d.o.o. consists of planning, organising and carrying out events, in particular the Spartan Race in Slovenia (under licence) and selling and providing services in these areas.

To this end, Ekstrem d.o.o. offers the sale of tickets for participation in Spartan Race events in Slovenia.

These general terms and conditions apply to the sale by Ekstrem d.o.o. of participation tickets, as well as registration fees for a Spartan Race event in Slovenia and other related services such as medal engraving and merchandising. Additional services and products offered by Ekstrem d.o.o. are collectively referred to as services hereafter. These conditions do not apply to purchases made on third-party platforms (e.g. www.ticketsocket.com, please see the respective conditions).

Article 2: Prices

The prices of Ekstrem d.o.o. products are indicated in Euros and include all taxes (VAT and other taxes that apply to the order), unless otherwise indicated and with the exception of service charges and credit card fees, the amounts of which will be added to the total amount of the order before payment. The additional service charge will be 9.5% based on the amount of the product, including VAT. The amount will be indicated before the payment stage.

Ekstrem d.o.o. may change prices and they are valid after publication on the website. For the confirmed orders, the prices from the order remain unchanged.

Article 3: Ordering and conclusion of the contract

The user can only order merchandise and purchase tickets via the Internet: the user must register at the website si.spartan.com and will be for purchasing purposes redirected to the http://ticketsocket.com platform. The user selects the product on the website si.spartan.com and enters the required information. With pressing the button “Confirm with payment obligation”, the user places an order. The contract between Ekstrem d.o.o. and the user is concluded by sending order confirmation to the e-mail address provided by the user and successful receipt of payment. Contractual information is presented in Slovenian and English and will be confirmed at the latest at the time of payment.

Ekstrem d.o.o. reserves the right not to accept payment and not to confirm an order for any reason whatsoever, and in particular in the event of supply problems, or in the event of any difficulty concerning the order received. The user acknowledges and accepts that Ekstrem d.o.o. may change the sales platform at any time and without prior notice. In the event of a change of sales platform, the user hereby expressly agrees to the migration of its customer data to another platform. The selection of the sales platform and the subsequent selection of another platform are at the sole discretion of Ekstrem d.o.o.

Article 4: Validation of your order and consent

With placement of order on the si.spartan.com website, the user must accept these terms and conditions. Any acceptance of these terms and conditions is deemed to be without exception or reservation. All data provided and recorded confirmations are proof of the transaction. The user is made aware of the existence of these general terms and conditions and accepts them without reservation. An electronic signature will be requested to confirm the order and acceptance of the transactions. A summary of order information and these general terms and conditions will be sent by e-mail when the order is confirmed.

Article 5: Payment

By validating the order, the user undertakes to pay the price indicated. Payment for user’s purchases is made by credit card via the TicketSocket registration platform and its secure payment system. The card is debited once the order has been confirmed. The user will receive an order confirmation and a receipt confirming the order.

Article 6: Withdrawal / Refund

The user has the right to withdraw from the contract on purchase of goods within 14 days since the day of purchase, without stating any reason. The deadline starts to run from the day of conclusion of the contract. To exercise the right to withdrawal, a simple statement of withdrawal sent to info@spartanrace.si suffices. The user bears shipping costs of return.

In line with pt. 12 Article 135 of the Customer Protection Act, the user does not have the right to withdraw from the contract in cases of the provision of services related to leisure activities if the contract provides for a specific date or period of performance. As such, all orders related to registration and entry ticket for a specific Spartan Race event are personal, firm and final, and cannot be reimbursed for any reason whatsoever. There is no right of withdrawal.

In case of timely withdrawal from the contract on purchase of goods, Ekstrem d.o.o. shall reimburse the user without delay and no later than in 14 days since the day of receipt of the statement of withdrawal. The reimbursement will be made to the same means of payment that was used for the initial purchase.
Ekstrem d.o.o. reserves the general right to postpone, cancel or modify events at its sole discretion. This right to postpone, cancel or modify the event applies in particular to - but is not limited to - situations involving adverse weather conditions (e.g. heat, rain or snowfall, hail, thunderstorms, storms and any other weather phenomena, possibly only local) or any other factor beyond the control of Ekstrem d.o.o. which may affect the welfare, health and/or safety of participants; in particular when epidemics or pandemics are identified by the World Health Organisation and/or national or local authorities (e.g. Covid-19).

Article 7: Postponement / cancellation of an event

The purchase of an entry ticket for a Spartan Race event is generally non-refundable and non-transferable; including, but not limited to, in situations where Ekstrem d.o.o. decides to postpone or modify events at its sole discretion or where an event cannot be organised due to force majeure or due to official orders (e.g. natural disasters, pandemic or epidemic situations, any event bans, etc.). In case of cancellation of an event, Ekstrem d.o.o. will post information on refund on the website si.spartan.com.

Ekstrem d.o.o. may, at its sole discretion, offer non-mandatory options that allow the user to defer their entry ticket to another person or event. The user is aware and acknowledges that they have no legal right to a deferral. Ekstrem d.o.o. expressly reserves the right not to defer for any reason whatsoever. The postponement procedure will be set out on the si.spartan.com website together with the conditions and costs of postponement. Ekstrem d.o.o. reserves the right to define and/or update the conditions and costs of postponements at any time. These terms and conditions also apply to the booking of a deferral. In the event of the transfer of a ticket to another person, Ekstrem d.o.o. must authorise this in advance and the second purchaser must adhere to all contractual terms and conditions, including these terms and conditions. A supplement fee will be charged to the purchaser to cover the cost of transferring the ticket. The original purchaser remains jointly and severally liable with the new purchaser for payment obligations to Ekstrem d.o.o. In all cases, Ekstrem d.o.o. reserves the right to refuse the person who receives a ticket transferred under deferral without giving reasons and without compensation to the first purchaser.

Article 8: Liability and image rights

By confirming the order, the user confirms to be aware of the risks and exceptional circumstances associated with participation in such a sporting event, related with increased physical effort and strain. The user acknowledges that they are solely responsible for ensuring that participation in an event is compatible with their state of health and Ekstrem d.o.o. accepts no liability in this regard.

By validating an order placed on the si.spartan.com website, respectively via the www.ticketsocket.com platform or any other sales platform, the user also agrees:

to the use of the user’s image on various media, such as photography, videos, motion pictures, recordings or any other recording of activities forming part of the events, publication on the website. This consent is given without time limit and without compensation of any kind.

to authorise, without compensation of any kind whatsoever, the publication of a film, video and recording of your performance in relation to the event and the subsequent broadcast and use of the same free of charge. The user acknowledges that Ekstrem d.o.o. has the right to use, reuse, publish, republish, broadcast and distribute all parts of the event in which you may appear such as radio, network, cable and local television programmes and in all printed materials and in any other format or media (including electronic media) now known or later developed in perpetuity and without compensation. In consideration of and in exchange for permission to attend the event, the user agrees not to take any action to remove any images or data published in connection therewith.

by entering the race, to abide by all event rules available on the site. The user will receive a timing chip for the race, and acknowledges that the user must wear this as indicated in the disqualification section of the rules of race. The user is aware that they must return the timing chip to the organisers after the race. In the event that the user is unable to return this timing chip, the organiser has the right to charge the user the price of this chip.

Article 9: Liability

The Waiver signed by the user when purchasing the ticket forms an integral part of these general terms and conditions.

Article 10 - Personal data

10.1. In the context of the sale of tickets and other services operated under licence from Spartan Race Inc. the company Ekstrem d.o.o. acts as a sub-contractor of Spartan Race Inc., while the Spartan Race Inc., 234 Congress Street, Boston, Massachusetts, 02110, United States of America acts a controller.

The user is made aware of the fact that by using the si.spartan.com website and the www.ticketsocket.com platform or any other platform used, data is collected by Spartan Race Inc. and the user expressly consents to the transmission of this data to Ekstrem d.o.o. as data processor and to the commercial partners of Ekstrem d.o.o. for the purposes defined herein.

In particular, the following data are communicated

Username;
Surname and first name;
Postal address and e-mail address;
Race registration and results;
Price paid;
Type of quote and number of orders,
as well as other data specified below.

When data is transmitted and communicated via external platforms, such as the www.ticketsocket.com platform, the general terms and conditions, terms of use, privacy statements and other provisions of the respective providers and operators of the respective platforms apply.

10.2. Ekstrem d.o.o. as the processor of the data also collects information and personal data, in particular data received in the context of commercial relations with customers, interested parties and subscribers as well as by partners of Ekstrem d.o.o., as well as data collected in the context of ticket sales and the organisation of sporting events such as the Spartan Race, on behalf of the controller.

10.3 Data collected

The following data required to participate in a sporting event, to manage orders and to improve the services and information sent to the user are collected and processed:

User data: name, date of birth, address, e-mail address, telephone number, as well as data relating to the use of the website and/or the platform (e.g. anonymised IP address, MAC address of smartphone or computer, data concerning your device and your settings, type of browser, operating system used, cookies, date, time and duration of session, pages and content consulted, functions used, sites linking to ours, data concerning your geographical location).
User data in connection with registration, participation and implementation of the respective event (event data) such as the particular events a person has registered for, time measurement data and results (including ranking), race status, photos and videos, age and performance classes, race number, emergency contacts, licence information, event-specific data (e.g. team at event, clothing size for T-shirts, etc.), currency used for event fees, etc.), currency used for participation fees;

Any data from previous years, if the user has taken part in this event before (taken from the event data);
Data relating to newsletters and advertising offers from third parties such as, in particular, opt-ins and opt-outs relating to the organiser's newsletters as well as opt-ins and opt-outs for advertising offers from third parties and other services;
Data in connection with the ordering and processing of additional services, applications and other channels of Ekstrem d.o.o. and third parties,
Communication data, such as records of correspondence and communication with Ekstrem d.o.o., requests for quotations, etc.

10.4 Use of data

The data collected will be used in accordance with the principle of the purpose of the processing, i.e. participation in sporting events and the sale of products. In this case processing is necessary for the performance of a contract. The provision of personal data in this case is a contractual requirement, or a requirement necessary to enter into a contract. Without providing the personal data necessary for the conclusion and performance of the contract, the contract cannot be concluded. Ekstrem d.o.o. as the controller’s sub-contractor has the right to use this data for marketing purposes but not to present it publicly or give it to other parties except in the context of the execution of the event. In certain cases, the data are processed based on your (user’s) consent.

The user expressly consents to the transmission of this data to external partner companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment.

The user is also expressly made aware that the data collected via the user platform is the property of Spartan Race Inc. and consents to the transmission and use of this data to Ekstrem d.o.o. as data processor.

There is no automated decision-making, including profiling, being performed with regards to the personal data of the user.

10.5. Data security and storage

This information and data is processed and stored for as long as is necessary to comply with our legal and contractual obligations, with regard to the purpose of the processing or if required by a legitimate business interest (e.g. for evidence and documentation purposes). As soon as your personal data is no longer required for the above-mentioned purposes, it will, as far as possible, be deleted or made anonymous.

10.6 Right of data subject

In accordance with the GDPR, users have the right to access, rectify, erase personal data, restrict of processing, right to transmit the user’s data to another controller and object to processing the information and personal data concerning them, directly on the site. Requests with regards to the listed rights should be sent via the si.spartan.com website to the data controller, Spartan Race Inc. In principle, the information or implementation of the request, if applicable, will be provided within 30 days. The user has also the right to lodge a complaint with a supervisory authority

If the processing of personal data is based on consent, consent may be revoked by the data subject at any time, without affecting the lawfulness of processing based on consent before its revocation.

Article 11: Intellectual property

All elements of the si.spartan.com website are and remain the exclusive intellectual property of Ekstrem d.o.o. No one is authorised to reproduce, use, publish or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound. A single link or hypertext link is strictly prohibited without the express written consent of Ekstrem d.o.o.

The use of materials is allowed to media for the purposes of reporting about the event and for personal use (which includes personal posts on social media).

Article 12: Archiving of evidence

The company Ekstrem d.o.o. must archive order forms and invoices on a reliable and durable medium as a true copy. These documents shall be kept for a minimum of 10 years after the end of the financial year. All parties will consider the records of Ekstrem d.o.o. as proof of communications, orders, payments and transactions between the parties.

Article 13: Insurance

Spartan Race is a risky event (see also article 8 of the Waiver), the user must be insured in the best possible way. As Spartan Race does not belong to any sports federation, sports licences are not valid for individual insurance purposes during our events. It is your personal responsibility to check that you have all requested insurance in place with your personal private insurers regarding individual accident or medical transfer cover for this type of event.

Article 14 : Rules

Spartan Race as a sporting event has rules that apply during the race. By participating in this event, the user acknowledges to have read and accepted the rules that govern the behaviour and participation in this event. The rules are available during the registration process, on the website and sent by email before each race.

Article 15: Interpretation, place of jurisdiction and applicable law

These conditions and other contractual information are available in English and Slovene. In the event of any inconsistency between the Slovene and English versions, the Slovene version shall prevail.

The contractual relationship between the parties is governed solely by Slovenian law.

The place of jurisdiction is Ekstrem d.o.o.’s registered office in Slovenia.

PROMOTIONS

In addition to these Terms, any sweepstakes, contests, games, or similar promotions (collectively, “Promotions”) made available through or in connection with the Services may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth under these Terms. Spartan urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion. We also urge you to review our Privacy Policy, which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent such rules conflict with these Terms, such rules shall control with respect to the particular Promotion.

PARENTAL CONSENT

We will NOT knowingly collect, use, or distribute personal information from children under the age of 13 without prior verifiable consent from a parent or guardian. We cannot, however, prohibit minors from visiting or using the Spartan Websites, Apps, and/or Spartan Social Media channels, and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov, and https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online. We do not endorse the products or services listed at this website.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR THIRD PARTY SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND COSTS THAT ARISE FROM OR RELATE TO YOUR ACTIVITIES ON OR THROUGH OR IN CONNECTION WITH THE SERVICES, ANY POSTS SUBMITTED BY OR ON BEHALF OF YOU OR YOUR VIOLATION OF THESE TERMS, AND WITH RESPECT TO ANY TERMS INCORPORATED HEREIN SUCH AS IN CONNECTION WITH SPARTAN RACES.

THIRD PARTY SOFTWARE AND APPLICATIONS

Our Services may contain links to third-party websites or services (“Third-Party Sites”) that are not owned, controlled, or endorsed by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of Third-Party Sites. We do not warrant the offerings of any Third-Party Sites. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH THIRD-PARTY SITES, IS SOLELY AT YOUR OWN RISK. Your correspondence or business dealings with, or participation in promotions of, Third-Party Sites found on or through the Platform are solely between you and such third-party. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third-Party Sites. We strongly advise you to read the terms and conditions and privacy policies of any Third-party Sites that you visit.

NO WARRANTIES

We reserve the right to modify the Services, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Services, at any time, in our sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Services. We have no obligation to screen or monitor any Content and do not guarantee that any Content available on or through the Services is suitable for all users or that it will continue to be available for any length of time.

YOU EXPRESSLY AGREE THAT USE OF SPARTAN’S SERVICES, INCLUDING, WITHOUT LIMITATION, THE USE OF AND ACCESS TO YOUR USER ACCOUNT AND/OR SPARTAN+ MEMBERSHIP IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPARTAN MAKES NO WARRANTY THAT YOUR USER ACCOUNT OR 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, YOUR USER ACCOUNT OR THE SITES. RELATING TO ANY POSTS OR CONTENT ACCESSIBLE THROUGH THE SERVICES; RELATING TO ANY THIRD PARTY'S USE OF YOUR POSTS; THAT THE SERVICES WILL MEET YOUR NEEDS; OR THAT WE WILL CONTINUE TO PROVIDE ANY FEATURE OF THE SERVICES. SPARTAN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR THIRD PARTY SUPPLIERS, REPRESENTATIVES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, ECONOMIC OR PURE ECONOMIC LOSSES, GOODWILL, USE, DATA, SERVICE INTERRUPTION, COMPUTER OR OTHER EQUIPMENT DAMAGE, SYSTEM FAILURE, INABILITY TO USE THE SERVICES OR CONTENT OR OTHER INTANGIBLE LOSSES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE; AND OUR AND OUR AND OUR THIRD PARTY SUPPLIERS, REPRESENTATIVES AND AGENTS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS, IN THE AGGREGATE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US OVER THE 6 MONTHS PRECEDING THE DATE YOUR FIRST CLAIM(S) AROSE. IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION DOES NOT APPLY TO YOU. TO THE EXTENT THAT ONE OR ANY ASPECT OF THE LIMITATIONS SET OUT ABOVE DOES NOT APPLY, ALL REMAINING ASPECTS SURVIVE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

SAFETY WARNINGS

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER A CLASS, A RACE OR OTHER USE OF THE SERVICES AVAILABLE ON OR THROUGH THE SERVICES ARE RIGHT FOR YOU.

YOU UNDERSTAND THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN EXERCISING AND PHYSICAL ACTIVITY AND THAT THE CLASSES OR EVENTS THAT YOU MAY ATTEND OR PARTICIPATE IN OFFER A RANGE OF ACTIVITY AND INTENSITY LEVELS. BY USING AND ENGAGING IN THE SERVICES, YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, PERSONAL REPRESENTATIVES AND/OR ASSIGNS THAT YOU ARE AWARE OF THESE RISKS WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, ILLNESS, LOSS AND BODILY INJURY OR DEATH. YOU ACKNOWLEDGE THAT SOME OF THESE RISKS CANNOT BE ELIMINATED AND YOU SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM AND RELEASE US FROM SAME AS SET FORTH BELOW.

YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL PRIOR TO USING THE SERVICES FOR CLASSES OR RACES, AND TO DETERMINE IF AND HOW PARTICIPATING IN ANY PHYSICAL ACTIVITY, EXERCISE OR RACE IS APPROPRIATE FOR YOU. DO NOT USE CLASSES OR PARTICIPATE IN RACES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR ENGAGING IN PHYSICAL ACTIVITY, YOU SHOULD STOP IMMEDIATELY.

YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES OFFER FITNESS AND RELATED INFORMATION THAT IS DESIGNED FOR INFORMATIONAL, EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NOTHING STATED OR POSTED ON OR OTHERWISE AVAILABLE THROUGH ANY ASPECT OF THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OR THROUGH THE SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR FITNESS LEVEL, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR HEARD ON OR THROUGH THE SERVICES. THE USE OF ANY CLASSES, RACES, RECOMMENDATIONS, AND INFORMATION PROVIDED ON OR THROUGH THE SERVICES ARE SOLELY AT YOUR OWN RISK.

THE SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE FITNESS OR RELATED ADVICE THAT APPEARS ON OR IN CONNECTION WITH THE SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE CONTENT, ADVICE OR RECOMMENDATIONS CONTAINED IN OR THROUGH THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL OR CONTENT.

THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS US, OUR THIRD PARTY PROVIDERS, AGENTS AND REPRESENTATIVES, EACH OF THEIR PARENT, SUBSIDIARIES OR AFFILIATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONSULTANTS, CONTRACT EMPLOYEES, REPRESENTATIVES AND AGENTS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN ANY PHYSICAL ACTIVITY, RACES OR CLASS, OR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO WITH RESPECT TO BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH OR PROPERTY DAMAGE.

IP OWNERSHIP – RESTRICTION OF USE – INFRINGEMENT

The information and materials provided on, through, or in connection with the Services, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons, and links (collectively, the “Materials”) are owned exclusively by Spartan or its licensors, and are intended to educate and inform you about the Events and the Services. Subject to your compliance with these Terms, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms, we grant you a limited license to use the Services and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Spartan. Use of the Services and Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.

The trademarks, logos, and service marks displayed in connection with the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of Spartan and Spartan’s advertisers, licensors, sponsors, suppliers, and others. The Trademarks owned by Spartan, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Spartan, in any manner that is likely to cause confusion with customers, or in any manner that disparages Spartan. Nothing contained on the Spartan Websites, Apps, and Spartan Social Media channels should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Spartan, Spartan’s licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Spartan will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. You may inquire about obtaining permission by contacting us at us@spartan.com.

You further acknowledge that the Services contain software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All content provided to us by third parties, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and us, we own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the Services.

We respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their Posts do not infringe any third party's right or other intellectual property rights. If you believe that the Services or any Posts contain elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others, please comply with the below.

If you are a copyright owner or an agent thereof, and you believe that any content on the Services infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the information listed in the below in writing (see 17 U.S.C § 512(c)(3) for further detail). Upon receipt of the notice as described below, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services You acknowledge that if you fail to comply with all of the requirements listed below, your notice may not be valid.

DMCA Notice of alleged infringement

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a list of the copyrighted works that you claim have been infringed.

  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Platform(s) where such material may be found.

  3. Provide your mailing address, telephone number, and, if available, email address.

  4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.” “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  1. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

Copyright Agent
c/o Legal Department, Spartan Race, Inc.,
234 Congress Street,
Boston, MA, 02110

If you have any questions about these Terms, please contact us at: us@spartan.com

ARBITRATION AGREEMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.

Initial Dispute Resolution and Notification. You and we agree that, prior to initiating an arbitration or other legal proceeding, you and we will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against us, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of our Legal Department at the address set out in Section 21 of these Terms. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).

Your Notice to us must contain all of the following information: (1) your full name, address, username, and the email address associated with your account for the Services; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing us to disclose information about you to your attorney.

After receipt of your Notice, you and we shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor we may initiate an arbitration or other legal proceeding.

If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.

Mediation. If a dispute arises out of or relates to these Terms, 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, that Participant will first attempt, in good faith, to settle the dispute by non-binding mediation administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”). The mediation shall take place in Boston, Massachusetts, and shall be facilitated by a neutral appointed JAMS. 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, 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 JAMS, conducted in accordance with JAMS’ then-current General Arbitration Rules and Procedures (which shall include the applicability of JAMS’ Consumer Arbitration Minimum Standards), at the JAMS’ 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. If Spartan is the prevailing party in any arbitration brought by you, you agree to reimburse Spartan for any arbitration costs and fees incurred by Spartan (except if you are resident of the State of California).

The arbitrator will not have the authority or right to add to, delete, amend, or modify the terms, conditions, or provisions of these Terms. 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 (as further described below), 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, 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.

Class Action Waiver. YOU AND WE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and we may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party.  Notwithstanding this provision or any other language in these Terms, you or we may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.

Severability. If any portion of this Section 17 is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of Section 17 and all other Terms shall continue to be enforceable and valid.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Exclusive jurisdiction for all Disputes that are not required to be arbitrated will be the state and federal courts located in the State of Delaware, United States of America, and you consent to the jurisdiction of those courts.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES

Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay In exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Our rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without our prior written consent. We may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

NOTICES

You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically. We may communicate by email or by posting to the Services. For support-related inquiries, you may email Support. For all other notices to us, write to the following addresses:

Attn: Legal Department, Spartan Race, Inc., 234 Congress Street, Boston, MA, 02110.

Nothing in these Terms or otherwise limits our right to object to subpoenas, claims, or other demands.

MODIFICATION

We may update these Terms at any time, in our sole discretion. If we do so, we will let you know by, at a minimum, posting the updated Terms on the Services and indicating as much at the top of these Terms. Modifications will be effective on the date that they are posted. It is important that you review the Terms whenever we update them before you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the Services anymore. Because the Services evolve over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

ENTIRE AGREEMENT

These Terms represent the entire understanding between us and you regarding the Services or Content and supersede all prior agreements and understandings regarding the same. These Terms incorporate and apply to any separate terms and conditions that you agree to in connection with the purchase or use of any Services, goods or other services and the privacy policy. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

FORCE MAJEURE

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party's reasonable control and not caused by that party's fault, or negligence, including, but not limited to, "acts of nature", acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.