Venue Date & Location Changed. Entitled to Credit or Refund?

[kfitz85]

What is the name of your state (only U.S. law)? MA

I signed up to run in the Warrior Dash, an obstacle course race scheduled to take place on 6/28/14 at 9:45 AM. On 6/27/14, I went to the website to check for any updates about parking and bag check info. I couldn’t find any information for my location.

I sent an e-mail to Warrior Dash, asking if the event was still taking place. I did not receive a response that night, so the next morning, I drove an hour and a half to find that the event was not there.

I received an e-mail this morning on 6/30/14 stating that the event was changed to a different location which already took place on 5/31/14. I informed them that I was not made aware of the change, and could not find an e-mail in my spam or trash folder. I then asked if I could receive a credit towards a race next year since I had spent $65.

I was told that since the event had already taken place, a credit transfer was not possible, and that there was nothing they could do for me. They stated information was e-mailed out, but that there could have been an error in the process. They also stated it was posted to their Facebook page (which I do no follow).

Considering I signed up for an event on 6/28 at one venue, and the location of the event was changed as well as the date, am I entitled to a credit, or refund?

Also, I was supposed to get a T-Shirt, medal, hat and racing bib. If unable to get a credit or refund, am I entitled to these promised items?

 

[Ohiogal]

What is the name of your state (only U.S. law)? MA

I signed up to run in the Warrior Dash, an obstacle course race scheduled to take place on 6/28/14 at 9:45 AM. On 6/27/14, I went to the website to check for any updates about parking and bag check info. I couldn’t find any information for my location.

I sent an e-mail to Warrior Dash, asking if the event was still taking place. I did not receive a response that night, so the next morning, I drove an hour and a half to find that the event was not there.

I received an e-mail this morning on 6/30/14 stating that the event was changed to a different location which already took place on 5/31/14. I informed them that I was not made aware of the change, and could not find an e-mail in my spam or trash folder. I then asked if I could receive a credit towards a race next year since I had spent $65.

I was told that since the event had already taken place, a credit transfer was not possible, and that there was nothing they could do for me. They stated information was e-mailed out, but that there could have been an error in the process. They also stated it was posted to their Facebook page (which I do no follow).

Considering I signed up for an event on 6/28 at one venue, and the location of the event was changed as well as the date, am I entitled to a credit, or refund?

Also, I was supposed to get a T-Shirt, medal, hat and racing bib. If unable to get a credit or refund, am I entitled to these promised items?

How did you sign up? When did you sign up? How did you pay? When did you pay?

 

[kfitz85]

I signed up on their website on 12/3/13. I paid the same day by debit card.

 

[Ohiogal]

I signed up on their website on 12/3/13. I paid the same day by debit card.

You might want to read their terms of service. It is possible you are NOT due a refund.

 

[Zigner]

You might want to read their terms of service. It is possible you are NOT due a refund.

You mean, this?
(From https://www.warriordash.com/information/)

WHAT'S THE REFUND AND TRANSFER POLICY?
As set forth in the terms and conditions agreed to by each participant during the registration process, we do not offer refunds under any circumstance. You may change your event date, time and location or transfer your registration to another person by accessing your user account on EventSprout by visiting www.registrationation.com. From there, select “View Details” and then you will see options to transfer your registration or change events. If you have questions regarding your account, or registered as a guest, call our office at 312-262-6099. Our office hours are Monday-Friday from 8am-7pm CST. Please contact us HERE if we are unable to take your call.

All requests must be submitted prior to the Transfer & Registration deadline listed on your location’s page. This date will be at midnight (11:59 p.m.) on the Thursday before the event; please note that all packets are made and shipped out on the Wednesday prior to the race. If your transfer is made on Wednesday or Thursday, please bring a copy of your confirmation email and make our packet pick-up staff aware of the change.
If you cannot reach our office via phone, transfers will be accepted via email up until 11:59 p.m. on the transfer deadline. Please email [email protected] or submit a transfer request via your user profile in order to submit.
Either the current registration owner or the person with their name on the registration may transfer their registration or another’s registration to another Warrior. The registration owner is the individual who purchased the original registration/s.
All transfers to another event or person require a transfer fee of $5 + any difference in event price (current event price- original price paid). All transfers between event days or wave times are free of charge and can be completed by editing your information on EventSprout.com. Red Frog Events reserves the right to change the transfer fee at any time.
Transfer fees may be waived in the case of military deployment upon submittal of a DD-214 form
Participants have had success selling registrations on Craigslist or posting registrations to our Facebook page. If you are selling your registration, you will need to call in and authorize the transfer of registration to the new recipient, or they will not be able to pick up the packet on site. Warrior Dash does not take any responsibility for transactions made between third parties.

 

[Zigner]

Did you get a confirmation email?

 

[Zigner]

After researching further, it seems that this particular event disallows refunds all over the place for diverse reasons. Canceled due to weather? No refunds. Canceled due to unsafe conditions? No refunds. Personally, I'd think twice about this particular event.

 

[quincy]

After researching further, it seems that this particular event disallows refunds all over the place for diverse reasons. Canceled due to weather? No refunds. Canceled due to unsafe conditions? No refunds. Personally, I'd think twice about this particular event.

Personally, I'd think twice about the event for more reasons than no refunds.

The Warrior Dash, the Tough Mudder, the Spartan Race, and the like, have spawned several lawsuits over deaths, severe injuries and serious illnesses suffered by participants, due to the often-unsafe and often-unsanitary conditions of the tracks.

Although all participants must sign a release of liability waiver, the waiver may not (and did not, in at least one case) protect the event organizer from charges.

See Sa v Red Frog, LLC, 2013 US Dist LEXIS 151355.

 

[single317dad]

After researching further, it seems that this particular event disallows refunds all over the place for diverse reasons. Canceled due to weather? No refunds. Canceled due to unsafe conditions? No refunds. Personally, I'd think twice about this particular event.

Seems pretty shady to me. No refunds for moving an event up a whole month with no notice? Maybe in the TOS, but that's absolute bull hockey.

My brother, a firefighter, has run a few of these events and always ends up physically injured in some way. Personally, I'd rather put all that energy into doing some actual work.

 

[kfitz85]

Thanks for the input everyone.

I enjoy the risk and consider obstacle racing and endurance events to be a passion of mine. I lost 80 pounds training for Spartan race. I'm sure I've added years onto my life as my training keeps me motivated to stay healthy.

"Real" work is just something I do 40 hours a week so I can live my life. Through training and racing, I've found my health, great friends, a true passion and met a wonderful woman. It pulled me out of depression and gave me something to live for.

 

[RRevak]

Thanks for the input everyone.

I enjoy the risk and consider obstacle racing and endurance events to be a passion of mine. I lost 80 pounds training for Spartan race. I'm sure I've added years onto my life as my training keeps me motivated to stay healthy.

"Real" work is just something I do 40 hours a week so I can live my life. Through training and racing, I've found my health, great friends, a true passion and met a wonderful woman. It pulled me out of depression and gave me something to live for.

I'm sorry but I feel the need to comment on this one. I have ALWAYS wanted to do a Warrior Dash but have never worked up the guts! That thing just looks terrifying in so so many different ways . Although this thread teaches me that if I were ever to feel particularly glutton for punishment and sign up, that utmost care and hovering ensues afterwards on dates and emails. Seriously, i'm with Singledad in thinking who in the world refuses refunds for magically changing dates!

 

[single317dad]

I'm sorry but I feel the need to comment on this one. I have ALWAYS wanted to do a Warrior Dash but have never worked up the guts! That thing just looks terrifying in so so many different ways . Although this thread teaches me that if I were ever to feel particularly glutton for punishment and sign up, that utmost care and hovering ensues afterwards on dates and emails. Seriously, i'm with Singledad in thinking who in the world refuses refunds for magically changing dates!

I can't disagree with any of this. It's too bad a case like this wouldn't get a jury trial, because while a judge would probably look closely at the T&C and grant an MSJ for defense, a jury would examine what's right and fair and OP would have a pretty good chance.

 

[quincy]

It is not always the event organizer that is responsible for the date change or venue change. Many cities have been cancelling the events.

That said, a court challenge to the terms and conditions that are agreed to by the participants would probably not be unreasonable. The contract could be found to have misrepresented essential terms, and could therefore be voidable, allowing for a refund. As I said earlier, the waiver that is signed by the participants, releasing the organizer from liability, has not held up in court in an injury action filed against Red Frog Events.