Terms and Conditions of Registration | 2023 Feisty Kona Tri-cation
The terms “Participant” or “you” refer to the individual registering for the Feisty Kona Tri-cation taking place October 9-15, 2023 in Kailua-Kona, HI (the “Event”) hosted by Live Feisty Media Corporation (“Feisty Media”). By clicking “I Agree” during Event registration, you accept all the Terms and Conditions and agree to be bound by this Agreement.
If you do not agree with these Terms and Conditions, you cannot register for the Event.
1. Cancellations & Refunds. In the event that a Participant wishes to cancel their registration, the Participant may make a written request by emailing [email protected] and Feisty Media may grant a refund.
Refunds will be granted according to the below schedule for one-time payments and for 3-month payment plans:
- If you cancel within 30 days of purchasing your ticket, you will be eligible for a 100% refund of the full ticket amount.
- If you cancel 31-60 days after purchasing your ticket, you will be eligible for a 50% refund of the full ticket amount.
- If you cancel 60+ days after purchasing your ticket, you will be eligible for a 25% refund of the full ticket amount.
- Any cancellations received after August 9, 2023 will not be eligible for any refund whatsoever, and no refunds will be issued for “no shows.”
2. Transfer or Change of Registration. If a Participant wishes to transfer their registration to another individual, it is the Participant’s responsibility to coordinate and find an individual interested in attending the Event. Once a transfer has been arranged, the Participant and transferee must notify Feisty Media at [email protected]. For any transfers of registrations on a monthly payment plan, the transferee will assume the outstanding payments.
3. Email policy. Attendee understands that registration in the Event using an email address is understood to include consent for Feisty Media to send email messages to that email address. Consent is not a condition of registration. Feisty Media may send you information about Feisty Media’s activities, products and offers, and important Event information. To opt out of receiving emails from Feisty Media and be taken off our distribution list, please click the link at the bottom of any promotional email you receive. Note that you will not receive any emails pertaining to the Event if you unsubscribe.
4. Voluntary Participation. I acknowledge and agree that I am voluntarily participating in the Event with Feisty Media and it is always my responsibility to limit my participation in any way I deem appropriate. In this agreement, participation in the Event may include, but is not limited to: swimming, biking, running or other exercise sessions; other group workouts of any kind; seminars; social activities; parties; instructional skill sessions; volunteering, and any other events, services, or activities in any way connected with or related to Feisty Media or the Event.
I acknowledge and agree that Feisty Media has not made any material statements upon which I have relied in making any decision whether to participate in the Event, and has not forced or improperly influenced me into participating in the Event. I understand that I can choose not to participate in all or any portion of the Event at any time.
5. Event Rules. I agree to comply with all Event rules and procedures provided by Feisty Media, and will not act in any manner that causes damage or injury to any other participant, volunteer, or other third party. I acknowledge and agree that my failure to follow the Event rules, procedures, and safety instructions may lead to my removal from the Event, at the sole discretion of Feisty Media. Myself, and/or personal property, may be transported by Feisty Media or its authorized agents to and from activities at various Event locations. I waive all claims resulting from such transportation including any damage to, loss of, or theft of personal property.
I acknowledge and agree that other participants and volunteers will be participating in the Event and that Feisty Media is not responsible or liable for the acts of any such third parties. I hereby release Feisty Media from any Claims (defined herein) arising from the acts of any third parties.
6. Acknowledgement of Safety. I represent to Feisty Media that I am in sufficient physical and mental condition to enable myself to participate in the Event without any risk of injury to myself. I will not participate in any part of the Event if I have a medical condition that could render my participation dangerous to my health. I authorize Feisty Media to initiate emergency evacuation or treatment in case of serious injury or illness to myself. I also agree to pay for all costs associated with any such emergency rescue and/or related medical treatment that might arise as a result of my participation in the Event.
7. Assumption of Risks. I acknowledge and agree that there are significant risks, dangers, and hazards involved in participating in triathlon training and other Event activities that could result in physical or emotional injury, damage or illness including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability to myself, to property or to third parties. I further understand that these risks, dangers, and hazards are inherent in the activity and are a common and ordinary occurrence, notwithstanding specialized training and skills, safety equipment, and other precautionary measures. I acknowledge that such risks and hazards cannot be eliminated or reduced without jeopardizing the essential qualities of the Event. These risks, dangers, and hazards include, but are not limited to: mechanical failure of equipment; changing weather conditions; collision with natural or manmade falling objects including but not limited to exposed rock, snow, ice, earth, trees, stumps or branches on or adjacent to the terrain; collision or encounters with other Participants, wildlife, pedestrians, vehicles, fences or posts; gunfire or bow and arrow; changes or variations in the terrain; streams, creeks, and holes in or near the terrain; cliffs; road-banks or cut banks; difficulty or inability to control one's speed or direction; loss of balance; drowning; becoming lost or separated from instructors or other participants; failure to swim, bicycle, or run safely or within one's own ability or within designated areas; negligence of other Participants; and NEGLIGENCE ON THE PART OF FEISTY MEDIA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AGENTS, REPRESENTATIVES, VOLUNTEERS, PARTNERS, OR SPONSORS, INCLUDING THEIR FAILURE TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATION. I hereby voluntarily assume the risks and hazards related to my participation in the Event, and state that I would not have participated in the Event without the existence of such risks and hazards.
8. Release of Liability, Waiver of Claims and Indemnity. For the Participant and on behalf of the Participant’s personal representatives, executors, administrators, agents, assigns, heirs, and next of kin, the Participant agrees to WAIVE, RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS Feisty Media and its directors, officers, employees, contractors, agents, representatives, volunteers, partners, sponsors, successors, assigns, the owners of the Event locations and/or facilities, and all others who are involved with the Participant’s participation in the Event and their owners, members, officers, directors, employees, agents and contractors (collectively “Releases”) from and against any and all liabilities, damages, claims, suits, demands, losses, or causes of action of every kind (collectively “Claims”), including, but not limited to, Claims for bodily injury, death, disability, property damage, or property theft, EVEN IF ARISING FROM NEGLIGENCE OR INTENTIONAL ACTS ON THE PART OF THE RELEASEES OR OTHERWISE, that in any manner relate to or arise out of the Participant’s participation in the Event, to the full extent permitted by law.
9. Media Release. For good and valuable consideration, receipt of which is hereby acknowledged, I authorize Feisty Media and its respective affiliates, subsidiaries, licensees, successors and assigns to make use of my appearance. I understand that by participating in the Event with Feisty Media, I MAY BE PHOTOGRAPHED, VIDEOED, AND RECORDED.
I agree to allow my likeness to be used for any legitimate purpose by Feisty Media. Feisty Media shall be the exclusive owner of the results and proceeds of such photography, taping, and recording with the right to authorize others to use, in any manner, all or any portion thereof or of a reproduction thereof. For purposes of clarity, I expressly waive any and all rights I may have in connection with my appearance and likeness.
I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that you will rely on this permission potentially, at substantial cost to you and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
10. No Medical Advice. The content we provide through the Event, including all text, photographs, images, illustrations, graphics, audio, video, live speakers, workouts, and audio-video clips, and other materials, whether provided by us or by other users or third parties is not intended to be and should not be used in place of: (a) the advice of your physician or other medical professionals; (b) a visit, call or consultation with your physician or other medical professionals; or (c) information contained on or in any product packaging or label. Our content does not constitute medical advice. Should you have any healthcare related questions, please call or see your physician or other healthcare provider promptly. Should you have an emergency, call your physician or 911 immediately. You should never disregard medical advice or delay in seeking medical advice because of any content presented by Feisty Media, and you should not use our content for diagnosing or treating a health problem. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and us. The Event (including its speakers) is not a healthcare provider or business associate of a healthcare provider.
11. Event Cancellation. Feisty Media reserves the right to cancel the event wholly or in part in case of an insufficient number of participants, organizational reasons, government regulations and restrictions, force majeure or other unforeseeable events that render the execution of the event unsafe, impossible and/or not worthwhile or that would lead to Feisty Media incurring unreasonable expenses in executing the Event. Feisty Media shall immediately inform participants of such changes.
Should the Event be cancelled by Feisty Media for reasons as outlined above, you will be refunded the Event fee in full. Claims for further liabilities or damages are excluded. Participants may not assert any further claims and any such claims shall be excluded. This also applies to compensation claims for travel and accommodation costs and lost working hours.
12. Online Agreement. I agree that this Terms and Conditions of Registration Agreement may be signed electronically or agreed to by clicking “I Agree”, the effect of which will be the same as if the Agreement were signed by hand and the intention of which is that I desire to be bound by all the terms of the Agreement.
By signing this document or clicking “I Agree,” I acknowledge that I have read, agree to, and fully understand this document.