29029 Terms & Conditions

Table of Contents

1. Purchase Policy        

1.2 Order Confirmation When Purchasing Tickets        

2. Refund Policy        

2.1 Mountain Events        

      2.2 Refund Policy for Mountain Events        

2.2 TRAIL Events        

2.3 Coaching Program        

2.4 Apparel        

3. Supplemental Terms & Conditions        

4. General Terms and Conditions        

4.1. Agreement to Terms        

4.2. Acceptable Use        

4.3. Information you provide to us        

4.4. Our content        

4.5. Site Management        

4.6. Modifications to and availability of the Site        

4.7. Disclaimer/Limitation of Liability        

4.8. Term and Termination        

4.9. Mobile Application        

4.10. General        

5. SMS/MMS Mobile Message Marketing Program Terms and Conditions

6. Event Waiver and Release of Liability and Publicity Release        

The purchase and/or use of tickets, and attendance at any 29029 Event is subject to the following Terms and Conditions:

1. Purchase Policy 

Our goal is to make your purchasing experience as easy and efficient as possible. The following is designed to ensure your satisfaction and understanding of the purchase process on the 29029 Site. If you have any questions, please email us at basecamp@29029everesting.com. Your purchases on our Site are subject to these terms. Please also review our Terms of Use which govern your use of our Site.

1.1 Who You Are Buying From 

When you purchase a ticket for an Event, Be Boundless, LLC DBA 29029, will be handling the transaction and collecting payment. 

1.2 Order Confirmation When Purchasing Tickets 

If you do not receive a confirmation (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to contact 29029 via email at basecamp@29029everesting.com whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

2. Refund Policy 

2.1 Mountain Events

                   Refund Policy for Mountain Events

 Timeline of Refund Availability:

Transfer Policy for Mountain Events

2.2 TRAIL Events

Refund Policy for TRAIL

   Timeline of Refund Availability:

Transfer Policy for TRAIL

                                            Timeline of Transfer Availability: 

2.3 Coaching Program

2.4 Apparel

Return Policy

Sale Items Policy

           Returns

  1. Repackage your products (with all original tags and packaging)
  2. Email us with your name, reason for return, and order number at basecamp@29029everesting.com within 30 days of purchase
  3. We will email you back with a return label
  4. Print out this label and affix to your package with purchase.
  5. Drop off at your nearest USPS, FedEx, or UPS.
  6. Once return is received, allow up to 5-7 business days to receive an email notifying you of your refund. Your funds will go back to your original payment method.

Guidelines

3. Supplemental Terms & Conditions 

The following Supplemental Terms and Conditions and accompanying Purchase Policy are in addition to the terms applicable to your purchase of tickets to an Event included in our regular Terms & Conditions and Refund Policy. 

Convenience & Service Fees 
Purchases on our Site may be subject to a convenience fee. Please contact basecamp@29029everesting.com if you wish to make a purchase in the form of a check or ACH which will not be subject to the convenience fee. Event Tickets for 29029 are $499 for all locations. Additional fees are applied to services including group coaching, training programs, guest speakers, community social networks, and hospitality items.

Installment Plans for Event Tickets

Installment plans that are 10 or more days delinquent, regardless of the circumstances, are subject to cancellation at 29029’s sole discretion and refunds will be issued in accordance with the above refund policies.

Rescheduled/Postponed Events 

Should the event be impacted by a global pandemic, or any pandemic or other global incident, it is at the Event Provider’s sole discretion whether and when to reschedule or postpone an Event. Ticket(s) purchased for an Event that is postponed will be valid for use on the date the Event is rescheduled for the location originally purchased. If the Event is postponed due to a global pandemic, any other pandemic, global incident, or an act of God or force majeure and if the customer does not wish to participate in the rescheduled date, each Ticket may be eligible for a partial refund if the Event Provider has authorized refunds. The Event Producer does not refund any travel or other costs outside of the event registration associated with postponed events. The Event Producer does not refund for any travel restriction associated with a global pandemic, or fear of traveling during a global pandemic. The terms applicable to each Ticket to an Event include our regular Terms of Conditions as well as these Supplemental Terms.

Safety and Health Policies 

Due to the uncertainty related to the COVID-19 pandemic, your Ticket and your admission to the Event are subject to all safety and health policies put in place by the Event Provider, which include the 29029 Participant Health Promise set forth below. You acknowledge that due to the evolving nature of the pandemic, the Event Provider may continue to develop and update these policies in the intervening time between your purchase and the Event date. By purchasing a Ticket, you acknowledge and agree that you will comply with such policies and your attendance at the Event is conditioned on such compliance. If your admission to the Event is denied or revoked because you have willfully failed or refused to comply with any such safety and health policies of the Event Provider, you will not be eligible for a refund. 

29029 Participant Health Promise 

Stay-at-home: You agree that neither you, nor anyone in your party, will attend any Event if any one or more of the following is true on the day of such Event: 

● Within the prior 10 days, you have (or any person in your party or with whom you have close contact has) tested positive for, or been exposed to someone who has tested positive for, COVID-19; 

● Within the prior 48 hours, you have (or any person in your party or with whom you have close contact has) experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC); 

● Within the prior 10 days, you have (or any person in your party or with whom you have close contact has) traveled to any state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19.

Assumption of Risk, Release, Waiver & Covenant Not To Sue 

By purchasing a ticket to the Event you, on behalf of yourself and any accompanying minors, acknowledge and agree that you fully understand and knowingly and voluntarily assume all such risks.

On behalf of yourself and your Related Persons (defined below), you further hereby release (and covenant not to sue) each of the Released Parties (defined below) with respect to any and all claims that you or any of your Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) your exposure to COVID-19; (ii) your entry into, or presence within or around, the Event (including all risks related thereto, and including without limitation in parking areas or entry areas to Event) or compliance with any protocols applicable to the Event; or (iii) any interaction between you and any personnel of any of the Released Parties present at the Event, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise.

You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness (including exposure to COVID-19, a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), whether occurring before, during, or after the event, however caused or contracted, and hereby waives all claims and potential claims against 29029 and all affiliates relating to such risks.

As used herein: 

● “Related Persons” means your heirs, assigns, executors, administrators, next of kin, anyone attending the Event as a spectator with you (which persons you represent have authorized you to act on their behalf for purposes of these Supplemental Terms). 

Severability Clause 

If any provision or part of these Supplemental Terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these Supplemental Terms remain valid and binding.

Questions

If you have any questions or comments regarding these Supplemental Terms, please contact us via email at basecamp@29029everesting.com.

4. GENERAL TERMS AND CONDITIONS

4.1. Agreement to Terms

4.1 (a) These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Be Boundless LLC, doing business as 29029 located at 2020 Howell Mill Rd, STE D-216, Atlanta, GA 30318 United States https://29029everesting.com) website as well as any related applications (the Site). The Site provides the following services: event tickets and apparel (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

4.1 (b) The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

4.1 (c) We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

4.1 (d) We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.

4.1 (e) Our site is directed to people residing in England. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

4.1 (f)The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

4.1 (g) Additional policies which also apply to your use of the Site include:

● Our Privacy Notice https://29029everesting.com/pages/privacy-policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

4.2. Acceptable Use

4.1 (a) You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

4.2 (b) As a user of this Site, you agree not to:

● Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us

● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses

● Use a buying agent or purchasing agent to make purchases on the Site

● Use the Site to advertise or sell goods and services

● Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

● Engage in unauthorized framing of or linking to the Site

● Make improper use of our support services, or submit false reports of abuse or misconduct

● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

● Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site

● Attempt to impersonate another user or person, or use the username of another user

● Sell or otherwise transfer your profile

● Use any information obtained from the Site in order to harass, abuse, or harm another person

● Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise

● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site

● Attempt to access any portions of the Site that you are restricted from accessing

● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

● Delete the copyright or other proprietary rights notice from any of the content

● Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code

● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism

● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools ● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

● Use the Site in a manner inconsistent with any applicable laws or regulations

● Threaten users with negative feedback or offering services solely to give positive feedback to users

● Misrepresent experience, skills, or information about a User

● Advertise products or services not intended by us

● Falsely imply a relationship with us or another company with whom you do not have a relationship

4.3. Information you provide to us

4.3 (a) You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at basecamp@29029everesting.com.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

4.4. Our content

4.4 (a) Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

4.4 (b) Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4.4 (c) Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

4.4 (d) You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

4.4 (e) We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.

4.4 (f) The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

4.4 (g) Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

4.5. Site Management

4.5 (a) We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

4.5 (b) We do not guarantee that the Site will be secure or free from bugs or viruses.

4.5 (c) You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

4.6. Modifications to and availability of the Site

4.6 (a) We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

4.6 (b) We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access

or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

4.6 (c) There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

4.7. Disclaimer/Limitation of Liability

4.7 (a) The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

4.7 (b) Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate

amount equal to the greater of (a) the sum of $5,000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.

If you are a consumer user:

● Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

● If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

● You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.

4.8. Term and Termination

4.8 (a) These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at basecamp@29029everesting.com.

4.8 (b) Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

4.8 (c)    If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

4.9. Mobile Application

4.9 (a) If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.

4.9 (b) The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:

(a) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;

(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and

(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

4.10. General

4.10 (a) Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

4.10 (b) These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

4.10 (c) Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

4.10 (d) We may assign any or all of our rights and obligations to others at any time.

4.10 (e) We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

4.10 (f) If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

4.10 (g) There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

4.10 (h) For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are called into legal proceedings, it is at the sole discretion of Be Boundless LCC to determine the location of the proceedings.

4.10 (i) The following are trademarks of Be Boundless LLC. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.

● 29029, trade marked in United States

4.10 (j) Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

4.10 (k) In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at basecamp@29029everesting.com or by post to:

2020 Howell Mill Road

STE D-216

Atlanta, GA 30318

basecamp@29029everesting.com

These terms of use were created using Termly’s Terms and Conditions Generator.

5. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Be Boundless LLC DBA 29029 (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply.  

User Opt Out:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify:  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of all 29029 and affiliated companies goods and services.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at basecamp@29029everesting.com.  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Voxie Ventures, LLC d/b/a Voxie or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Atlanta, GA before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which 29029’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages including automated personalized marketing alerts (eg. cart reminders) and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes.  To make such a request, please contact us at the following address:

2020 Howell Mill Road

STE D-216

Atlanta, GA 30318

basecamp@29029everesting.com

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

6. EVENT WAIVER AND RELEASE OF LIABILITY AND PUBLICITY RELEASE

In consideration of the risk of injury involved in participating in the endurance event known as “29029,” including any participation prior to the date hereof, which shall include any training in connection therewith, and any participation in the various events scheduled to occur during the event weekend (collectively, the “Event”), and as consideration for the right to participate in the Event, and any activities or events to be located a one of the following locations: Sun Valley Resort in Sun Valley, ID; Snow King Resort in Jackson, WY; Park City Mountain Resort in Park City, UT,  Snowbasin Resort in Huntsville, UT; Whistler Resort in Whistler, BC; Mont-Tremblant Resort in Mont-Tremblant, QB, Northstar Resort in Truckee, CA, Aspen Mountain Ski Resort, CO, Stratton Mountain Resort in Stratton Mountain, VT or the surrounding area (collectively, the “Event Premises''), I hereby, for myself, my spouse, heirs, executors, administrators, assigns, successors and personal representatives, knowingly and voluntarily enter into this Waiver and Release of Liability and Publicity Release (“Release”). By executing this Release, I hereby waive any and all rights, claims, actions, suits, damages, judgments, demands or causes of action of any kind whatsoever, including for negligence (where permitted by law) on the part of the Releasees (as defined below), arising out of or related to my participation in any aspect of the Event. Further, I do hereby release and forever discharge Jesse Itzler, Marc Hodulich, Colin O’Brady, Peaks and Poles LLC, Be Boundless LLC, Chestnut Oaks LLC, WDE Ventures LLC, The 100 Mile Group, LLC, Sun Valley Resort, Snow King Resort, Snowbasin Resort, Vail Resorts, Aspen Ski Company, Stratton Mountain Resort, The Stratton Corporation, and their respective affiliates, subsidiaries, parents, managers, members, agents, attorneys, staff, nurses, medical personnel, volunteers, heirs, representatives, predecessors, successors, licensees, designees and assigns (together, the “Releasees”), for any physical, emotional or psychological injury including, but not limited to, illness, paralysis, death, damages, economic or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Event, or at the Event Premises during the Event, including traveling to and from an event related to the Event, or as a result of any advice or recommendation made to me for training or otherwise by any of the Releasees with respect to any aspect of the Event. To the extent that statute or case law does not prohibit releases for negligence, this Release is also for negligence on the part of the Releasees.

I am fully aware that participation in the Event may be considered hazardous. I acknowledge that this Event may involve a test of participants’ physical and mental limits and may carry with it the potential for death, serious injury and/or property loss. The risks may include, but are not limited to, those associated with terrain, facilities, temperature, weather, lack of hydration, participants’ mental and physical condition, equipment, vehicular traffic and actions of others including, but not limited to, participants, volunteers, spectators, coaches, Event officials, Event monitors and/or producers of the Event. I represent that I am physically and mentally capable of engaging in this Event, including training for the Event. I represent that I do not have any known medical condition or disabilities incompatible with the safe participation in the Event, and I agree to advise a staff member if I learn of any such medical condition or disability so that they may assist in determining whether there is any reasonable accommodation which may be made. I acknowledge that not everyone is healthy enough to engage in strenuous physical activity and that I have been advised that I should consult with my physician before engaging in any exercise routine or other physical activity, including the Event. Further, I have been advised that engaging in any exercise routine or other activity associated with the Event is at my own risk.

I am voluntarily participating in the Event entirely at my own risk. I am aware of the risks associated with traveling to and from, as well as participating in all aspects of, the Event. The risks of the Event may include, but are not limited to, physical, emotional or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the Event Premises or other Event location(s). Nonetheless, I assume all related risks, both known and unknown to me, associated with my participation in this Event, including travel to and from this Event, or as a result of

any advice or recommendations made to me for training or otherwise by any of the Releasees with respect to any aspect of the Event.

I agree to indemnify and hold harmless the Releasees from and against any and all liability, loss and/or damages incurred in connection with any claims, suits or actions of any kind whatsoever brought by me or anyone on my behalf, including attorneys’ fees and any related costs. I acknowledge that the Releasees are not responsible for any errors, omissions, acts or the failure to act of any party or entity conducting any Event activity or other activity on behalf of the Releasees, including the Event itself or any advice or recommendations made by a Releasee in connection with the Event or related to any training for the Event.

In the event that I should require medical care or treatment, I consent to such treatment and agree to be financially responsible for any and all costs incurred as a result of such treatment. I understand that I should carry, and hereby represent that I do in fact carry, my own health insurance. In the event that any damage to equipment, facilities or the Event Premises occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with, or that result directly or indirectly from, any of my willful actions, neglect or recklessness.

This Release is entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. I agree that this Release is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Release, but that it will be interpreted based on its language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release is deemed to be invalid, unlawful or otherwise unenforceable, the remainder of this Release shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this Release to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

By executing this Release, I hereby consent to the recording, use and reuse, by any of the Releasees in any and all media, whether now known or hereafter devised, worldwide, in perpetuity, of my voice, actions, likeness, name, picture, photograph, silhouette, appearance, and other reproductions of my physical likeness and biographical information (collectively “Likeness”) in connection with the recording and subsequent production and exhibition of the Event and any derivative works thereof. The rights herein granted include, without limitation, all television rights, theatrical rights, DVD rights, interactive cable rights, Internet site rights, so-called “wireless” and mobile device rights, digital distribution rights (e.g. streaming and download) and rights relating to any other devices or methods now existing or hereafter devised, with respect to the use of my Likeness in and in connection with the Event and any derivative works thereof. I further agree that any Releasee may use my Likeness in connection with any marketing, promotion, publicity and/or advertisement of the Event and any derivative works thereof, including a future event similar to the Event conducted by a Releasee. I hereby waive all Moral Rights relating to use of my Likeness. “Moral Rights” shall mean any right to claim authorship of, or credit in or on, any improvements, to object to or prevent the modification or destruction of any improvements, or to withdraw from circulation or control the publication or distribution of any improvements and any similar right, existing under judicial or statutory law of any country or subdivision thereof in the world, or under any treaty, regardless of whether or not such right is denominated or generally referred to as a “moral right.” I understand that the Releasees may be recording my Likeness in reliance on this consent. I acknowledge that the Releasees have no obligation to use my Likeness. I hereby acknowledge and agree that I shall not receive any compensation in connection with any use of my Likeness as contemplated hereunder.

I hereby waive any right of inspection or approval of my Likeness or the uses to which such Likeness may be put. I acknowledge that the Releasees will rely on this Release and hereby waive all rights and release and discharge the Releasees from, and shall neither sue nor bring any proceeding against the Releasees for, any claim, demand or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality, copyright infringement or any similar matter or based upon or relating to the use and/or exploitation of my Likeness. I further understand and agree that all publicity in connection with the Event (and any future recording thereof) is under the sole control of the Releasees. I will not use or disclose to any party any confidential information or trade secrets obtained or learned as a result of my participation in the Event.

I, the undersigned participant, affirm that I am eighteen (18) years of age or older (or the applicable age of majority in my state of residency, if greater than eighteen (18) years of age), and that I am signing this Release of my own free will. I certify that I have read this Release, that I fully understand its contents and that this Release cannot be modified orally, but only in a writing signed by me and a representative of the Releasees. I certify that I have been given the opportunity to ask questions to the organizers of the Event and to any trainers associated with the training for the Event. I am aware that this Release is a release of liability and a contract and that I am agreeing to on my own free will.