These Ticket Terms and Conditions (“Terms and Conditions”) contain the terms and conditions of the contractual relationship between 29029 LLC (the “Organizer”) and you (the “Participant”) for purchase or use of a ticket to participate in one of Organizer’s events (an “Event”). The purchase and/or use of tickets, the attendance at any Event, and any transaction with the Organizer are subject to the following Terms and Conditions:
Capitalized terms used herein or on a ticket and not otherwise defined shall have the meanings set forth in this Section 1.
1.01 MOUNTAIN EVENT – A 29029 “Mountain Event” is an elevation-based endurance challenge with the goal of gaining at least 29029 vertical feet in 36 hours. Each event ticket is for a specific date and specific location.
1.02 TRAIL EVENT – A 29029 “TRAIL Event” is an endurance challenge with the goal of completing three marathons in three consecutive days. Each event ticket is for a specific date and specific location.
1.03 OTHER EVENTS & PROGRAMS – “Other events and programs” are all other events hosted by the Organizer outside of Mountain and TRAIL events. These may include but are not limited to wellness events, retreats, leadership programs, executive experiences, corporate programs, training camps, alum events, etc.
1.04 SITE – The 29029 “Site” is located at www.29029.co. The use of the “Site” is governed by the Website Terms & Conditions.
1.05 SHARED ACCOMMODATIONS – Shared accommodations are defined as a single bed in a unit shared with others.
1.06 TYPES OF TICKETS
(a) Single-Entry – This single-entry ticket and its variants include one ticket to the event and shared accommodations.
(b) Single-Entry, Private room – This single-entry ticket and its variants include one ticket to the event and private accommodations.
(c) Tent-for-two – A Tent-for-two is a glamping accommodation available at select events. A tent-for-two ticket includes two entries to the event and a private tent for those two tickets.
(d) Couples Ticket – A couple’s ticket and its variants include two tickets to the event and a shared bed for those two ticket holders.
When the Participant purchases a ticket for an Event, the Organizer manages the transaction and the collection of payment.
2.01 Age Restrictions for Participating in Events.
Participants must be at least 18 years of age to participate in any Event. Individuals aged 16 to 18 years (as of the scheduled event date) may participate in Events only if accompanied by, and sharing accommodations with, their parent or legal guardian. Individuals under 16 years of age may not participate in Events.
2.02 Order Confirmation When Purchasing Tickets.
Once a ticket is purchased at the Site, an order confirmation is issued in the form of a confirmation page or confirmation email (sent to purchaser) after submitting payment information. The purchase only becomes effective and a valid agreement between the Participant and the Organizer, after the Organizer has accepted the registration and sent confirmation to the Participant. Any agreement between the Participant and the Organizer is subject to revocation by the Organizer, if, at any time, the Participant does not comply with the conditions described in these Terms and Conditions. If an error message or service interruption occurs after submitting payment information, it is the Participant’s responsibility to contact the Organizer by email at basecamp@29029.co to confirm the purchase. The Organizer is not responsible for losses (monetary or otherwise) if an order confirmation is not received or an order is not confirmed by the Participant.
The Organizer reserves the right to exclude a Participant from participation in an Event at any time and to terminate or revoke the agreement with the Participant, if in the Organizer’s opinion, circumstances exist or become known that exclude participation in an Event under the conditions described in these Terms and Conditions or any other terms of the Organizer or make participation impossible.
Each ticket to an Event includes a non-refundable fee which equals 20% of the original ‘Paid-in-Full’ registration fee (excluding taxes and fees) (the “Non-Refundable Fee”). All accepted refunds will be returned to the original form of payment used at the time of registration. All refund requests for registrations paid using installment plans will be returned in multiple transactions based on monthly installments paid and not as one lump amount. We recommend that the Participant purchase special event insurance covering the Participant’s individual risks, including, without limitation, trip cancellation, lost luggage and equipment, and medical emergencies through a third-party provider. If your ticket purchase and/or participation is part of a Group Sales Contract, it may be subject to different refund policies.
4.01 Timeline of Refund Availability for all Events
(a) Accepted refunds requested more than 150 days from the first day of the originally scheduled event dates will be issued a refund less the Non-Refundable Fee per ticket purchased.
(b) Accepted refunds requested between 149 days and 61 days from the first day of the originally scheduled event dates will be issued at 50% of the registration fee, in addition to applicable taxes and fees.
(c) There are no refunds available within 60 days of the first day of the originally scheduled event with absolutely no exceptions, including injuries, illnesses, personal reasons, or any other examples.
4.02 Refunds for Private Accommodations or Upgraded Tickets. Accommodation upgrades are fully refundable when a request is made by email to basecamp@29029.co more than 61 days before the originally scheduled event dates. Accommodation upgrades are non-refundable within 60 days of the originally scheduled event dates.
4.03 How to Request a Refund. Refund requests must be made by email to: basecamp@29029.co. Requests sent via other means such as Mighty Networks, text messages, phone calls, or direct messages of any kind may not be accepted.
Ticket transfers are available for any Event tickets to the same event type in the following season, subject to payment of the Transfer Fee described below. A ticket cannot be transferred until any remaining balance of the original ticket(s) purchased, is paid in full. Tickets cannot be transferred, resold, or gifted to another individual. Tickets may only be transferred to the same Participant to the same event-type scheduled in the following calendar year. Transferred tickets are not valid for new event formats, new locations, or for events not offered during the year of transfer. Any paid accommodation upgrades will also be transferred so long as a similar offering is available in the transferred event. Transfer requests to a different event location are subject to additional fees if the new event’s ticket price exceeds the original event’s ticket price. These additional fees will be levied and paid prior to event registration for that year by invoice. If the new event’s ticket price is less than the original event’s ticket price, a refund will not be issued. All transfers are subject to availability. Once a ticket is transferred, it is no longer eligible for refund or additional transfer. If your ticket purchase and/or participation is part of a Group Sales Contract, it may be subject to different transfer policies.
5.01 Timeline of Transfer Availability for all Events. Transfer requests must be requested at least 61 days prior to the original event date. No transfers are available for any reason within 60 days of the original event date.
5.02 Transfer Fees. All ticket transfer requests are subject to a transfer fee of $995 per ticket, paid by invoice within seven (7) days (“Transfer Fee”). Unpaid Transfer Fees will result in forfeiture of the ticket transfer.
5.03 How to Request a Transfer. Transfer requests must be made by email to: basecamp@29029.co. Requests sent via other means such as Mighty Networks, text messages, phone calls, or direct messages of any kind may not be accepted.
There are no refunds in the 29029 Experience Coaching Program. There are no prorated months. There is no minimum monthly commitment unless purchasing a package that includes a set number of months purchased at once. To cancel your subscription, email basecamp@29029.co no less than 10 days prior to your next renewal date.
Purchases on our site may be subject to a convenience fee. Please contact basecamp@29029.co 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 an Event 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 that are ten or more days delinquent, regardless of the circumstances, are subject to cancellation at the Organizer’s sole discretion and refunds will be issued in accordance with the above refund policies.
The Organizer may, in its sole discretion (whether for safety, legal or other reasons): (a) at any time, with or without notice, change an Event course, distances, routes, elevation, ascents, difficulty levels or any other aspect of an Event; or (b) postpone or cancel an Event if it believes that the conditions for the event are unsafe or otherwise unsuitable. Minor and short-term adjustments that do not make it impossible to participate in the event as a whole are not material changes to the contract and do not give rise to a right to withdrawal or termination. The Organizer may postpone an event for as long as the conditions remain unsafe or unsuitable for the event to be held safely.
9.01 Force Majeure Changes. If the event is changed, modified, delayed or cancelled for any reason, such as acts of God or the elements (such as wind, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labor problems, work stoppages, riots, war, public emergency, public health risks (e.g. in the event of an emergency, such as a pandemic, epidemic, flood, unavoidable accident, course conditions or other reasons beyond the control of the Organizer (so-called “force majeure” cases), there will be no reimbursement of other costs incurred in connection with the event, except for the costs of participation in the event which may be issued at the Organizer’s discretion. The Organizer may also, at its own discretion, offer an automatic transfer to the same Event type in the following season. In the event an Event is rescheduled or relocated, all ticket(s) purchased for the original Event will remain valid for the new date or location. If the Participant elects not to attend the rescheduled Event, each Ticket may be eligible for a partial refund only if and to the extent such refunds are expressly authorized by the Organizer. The Organizer shall not be liable for, and will not reimburse or refund, any travel, lodging, or other costs or expenses incurred outside of the Event registration fees, including but not limited to those arising from postponement, cancellation, travel restrictions, or personal concerns related to a Force Majeure Event.
9.02 Cancellation in Entirety. In the event an Event is cancelled without rescheduling, Ticket holders may be eligible for a partial refund only if and to the extent such refunds are expressly authorized by the Organizer. Under no circumstances shall the Organizer be obligated to provide a full refund or any refund not expressly authorized.
The Participant’s Ticket and the Participant’s admission to the Event are subject to all safety and health policies put in place by the Organizer, the venue, or any governing bodies. The Participant acknowledges that due to the evolving nature of any pandemics or epidemics, the Organizer may continue to develop and update these policies in the intervening time between the Participant’s purchase and the Event date. By purchasing a Ticket, the Participant acknowledges and agrees that the Participant will comply with such policies and the Participant’s attendance at the Event is conditioned on such compliance. If the Participant’s admission to the Event is denied or revoked because the Participant has willfully failed or refused to comply with any such safety and health policies of the Organizer, the Participant will not be eligible for a refund.
The Participant agrees that neither the Participant, nor anyone in the Participant’s party, will attend any Event if the Participant is physically unwell, has tested positive for a communicable disease, or has been advised by a medical professional not to participate in the Event for any reason.
Participation in the Organizer’s Events exposes the Participant to various risks. These risks are inherent and cannot be avoided or eliminated by the Organizer. The Participant therefore voluntarily assumes these risks by registering for participation and assumes full responsibility for himself/herself with regard to the inherent risks and releases the Organizer from liability with regard to these risks. Some of the risks associated with participation in the Event are listed below. Not all risks apply to every type of Event and there may be other risks that are not listed here.
12.01 Physical Health Risks: The risk of exposure to communicable diseases, including but not limited to COVID-19, exists in all places where people are present, including before, during and/or after the Event. The risk that a Participant’s mental, physical, or emotional condition (including the use or abuse of alcohol or prescription or non-prescription drugs), whether disclosed or undisclosed, known or unknown, together with participation in Events and the risks associated therewith, may result in injury, harm, death or other loss. The Organizer cannot anticipate or eliminate risks or complications arising from a Participant’s mental, physical (including fitness level) or emotional condition (the risks described in this Section 12.01, “Health Risks”).
12.02 Risks of Sporting Activities. Training, practicing or competing in endurance sports such as Organizer’s Events involve frequent and repetitive use of the arms and legs, extreme fitness and endurance, and pushing the Participant’s ability limits. Participants, contributors and/or third parties may act negligently or intentionally during the Event. Employees, agents, volunteers, Organizers’ contractors or other participants may misjudge a Participant’s ability, health or physical condition, misjudge some aspects of the instructions, medical treatment, weather, terrain, or course conditions, or fail to warn the Participant of one or more of the inherent risks associated with participation in an Event (the risks described in this Section 12.02, “Sporting Event Risks”).
12.03 Risks Due to Environmental Conditions. Participants may be exposed to the following conditions: high altitude or mountainous terrain; severe storms or inclement weather, such as lightning, high winds, rain, hail, snow and ice; extremely hot or cold weather; stinging, venomous and/or disease-carrying animals or insects; and other natural or man-made hazards. Hazards may be unmarked or not visible and the weather is always unpredictable. Ruts, holes, water sources, rocks, uneven ground, or other conditions may exist in and around an Event. The location of the Event may cause or contribute to delays or difficulties in communication, transportation, evacuation, or medical care (the risks described in this Section 12.03, “Environmental Risks”).
12.04 The foregoing Health Risks, Sporting Event Risks, and Environmental Risks and other risks, before, during and after the Event may cause Participants to trip or fall on the ground, collide with objects or people, have to react to high altitudes, weather conditions or increased exertion, become lost or disoriented, suffer gastrointestinal complications or allergic reactions or other problems. These and other conditions may result in heat or cold related illnesses or conditions (including hypothermia, hyperthermia or heat exhaustion/stroke), dehydration, hyponatremia, drowning, altitude sickness, heart or lung complications, broken bones, paralysis or other permanent disabilities, mental or emotional trauma, concussions, sunburn or other burns, or other injury, damage, death or loss.
No Participant will be eligible to participate in any Event, regardless of ticket purchase, unless the Participant signs Event Waiver and Release of Liability and Publicity Release located on the following pages (the “Event Release”). The terms of such Event Release are hereby incorporated herein.
If any term or provision of these Terms and Conditions is deemed to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. These Terms and Conditions are binding on and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns. All matters arising out of or relating to these Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Any claim or cause of action arising under these Terms and Conditions may be brought only in the federal and state courts located in Atlanta, Georgia.
The individual named below (referred to as “I” or “me”) desires to participate 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 “Activity”) and any activities or events to be located at one of the following locations and/or surrounding areas: Paws Up Montana in Greenough, MT; Snowbasin Resort in Huntsville, UT; Sun Valley Resort in Sun Valley, ID; Park City Mountain Resort in Park City, UT; Ritz Carlton and Northstar Resort in Truckee, CA; Fairmont Chateau and Whistler Resort in Whistler, BC; Fairmont Mont-Tremblant and Mont-Tremblant Resort in Mont-Tremblant, QB; Crystal Mountain Resort, WA; Steamboat Resort, CO; Stratton Mountain Resort in Stratton Mountain, VT or the surrounding area (collectively, the “Activity Premises”), provided by 29029 LLC, a Georgia limited liability company with offices located at 3017 Bolling Way NE, Atlanta, GA, 30305 (the “Company”). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).
1. Assumption of Risk; Dangerous Activity. I AM FULLY AWARE AND UNDERSTAND THAT THE ACTIVITY IS INHERENTLY DANGEROUS AND THE PHYSICAL AND MENTAL RIGORS ASSOCIATED WITH TRAINING FOR AND PARTICIPATING IN HIGH ALTITUDE ENDURANCE COMPETITIONS INVOLVE SERIOUS RISKS, INCLUDING PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I AM FULLY AWARE AND UNDERSTAND THAT PARTICIPATING IN THE ACTIVITY MAY BE HAZARDOUS TO MY HEALTH, AND THAT INJURIES CAN OCCUR EVEN WITH PROPER PREPARATION, INSTRUCTION, MEDICAL ADVICE, AND CONDITIONING. I FURTHER ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR ORDINARY NEGLIGENCE OF THE COMPANY OR ONE OR MORE OF THE OTHER RELEASEES (DEFINED BELOW). NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM OR RELATED TO THE ACTIVITY, TO THE FULLEST EXTENT PERMITTED BY LAW.
2. Representation as to Physical Condition. I have consulted with a qualified physician about my desired participation in the Activity, and will adhere to the guidelines that my physician(s) recommend; I am physically able to participate in the Activity; I do not suffer from any health condition that may be aggravated by the Activity, including, but not limited to, heart conditions or high blood pressure, back, neck, or other skeletal, muscular, respiratory, or circulatory problems.
3. Liability Release and Waiver of Claims. In consideration of being allowed to participate in the Activity, I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, 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, Crystal Mountain Resort, Stratton Mountain Resort, The Stratton Corporation (each a “Participating Company”) and each of such Participating Company’s officers, directors, manager(s), employees, agents, affiliates, members, independent contractors (including coaches, trainers, and other service providers), successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of, or attributable to my participation in the Activity including traveling to and from an event related to the Activity, whether arising out of the ordinary negligence or, to the extent such waiver and release is permitted by applicable law, the gross negligence or willful misconduct of the Company or any other Releasee. I covenant to forever release and discharge the Company and all other Releasees from liability for such claims, to the fullest extent permitted by law.
4. California Civil Code § 1542. I UNDERSTAND AND EXPRESSLY AGREE THAT THIS RELEASE INCLUDES A RELEASE OF UNKNOWN AND KNOWN CLAIMS. I HEREBY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY SIMILAR LAW OR ANY STATE OR TERRITORY), WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASE PARTY.” I UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND CONSEQUENCES OF THIS SPECIFIC WAIVER OF § 1542.
5. Covenant Not to Sue. Except for the claims that cannot be waived as a matter of law, I, my estate, heirs, assigns, beneficiaries, or any third party acting on my behalf, agree not to initiate or prosecute any lawsuit or claim against the Company and all other Releasees based on claims released in this Release.
6. Indemnification. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, and the costs of enforcing any right to indemnification under this Release, incurred by the Company or any other Releasee, arising out of or resulting from any claim of a third party related to the Activity, including any claim related to my own negligence or the ordinary negligence of the Company or any other Releasees.
7. Consent to Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on such treatment or other medical services.
8. Media Release. 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 Activity 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 Activity 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 Activity and any derivative works thereof, including a future event similar to the Activity 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 Activity (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 Activity.
9. Entire Agreement. This Release constitutes the sole and entire agreement between the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
10. Severability. If any term or provision of this Release is deemed to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction.
11. Successor and Assigns. This Release is binding on and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors, and assigns.
12. Governing Law. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Atlanta, Georgia and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY, AND HAVE SIGNED THIS RELEASE (INCLUDING THE COVENANTS AND AGREEMENTS) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.
PARENT/GUARDIAN OF MINOR PARTICIPANT (IF APPLICABLE) Note: In some states, a parent/guardian cannot waive a minor’s claims in advance. To the fullest extent permitted by law, I am the parent or legal guardian of the minor named below and: (a) consent to the minor’s participation; (b) agree, on my own behalf and on behalf of the minor to the terms of this Release, including the assumption of risk; (c) to the fullest extent permitted by law, release the Releasees from, and covenant not to sue for, claims related to the minor’s participation, except for claims that cannot be waived as a matter of law; (d) agree to defend, indemnify, and hold harmless the Releasees from any claim brought by or on behalf of the minor, or by any other person or entity arising out of or related to the minor’s participation, to the extent permitted by law; and (e) authorize emergency medical care for the minor if reasonably deemed necessary.
29029 LLC (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 LLC 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. Message frequencies vary.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at basecamp@29029.co. 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.
Carrier Disclosures: Carriers are not liable for delayed or undelivered messages. Program participation is subject to carrier policies, registration, and filtering requirements, including applicable 10DLC, toll-free, and short code rules where relevant.
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 or 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:
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 LLC’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:
2020 Howell Mill Road
STE D-216
Atlanta, GA 30318
basecamp@29029.co
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.
(a) These Terms and Conditions (these “Terms and Conditions”) constitute a legally binding agreement made between you and Be Boundless LLC d/b/a 29029 (“Organizer”, “we”, or “us”). These Terms and Conditions govern your access to and use of the www.29029.co website, together with any related applications, functionality, and services (the “Site”). Any supplemental policies set out herein, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated herein by reference.
(b) PLEASE READ THE TERMS AND CONDITIONS CAREFULLY PRIOR TO ANY USE OF THE SITE. BY USING THE SITE, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT WWW.29029.CO/PAGES/PRIVACY-POLICY. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.
(c) The Site is intended for users who are at least 18 years of age or older. If you are under the age of 18, you are not permitted to access or use the Site without parental permission.
(a) 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 and agreed to such changes.
(b) We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site.
(a) You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. 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.
(b) As a user of this Site, you agree not to: systematically retrieve data or other content from the Site to compile a database or directory without prior written permission from us; make any unauthorized use of the Site; use the Site to advertise or sell goods or services without prior written permission; circumvent, disable, or otherwise interfere with security-related features of the Site; engage in unauthorized framing of or linking to the Site; trick, defraud, or mislead us or any other user; engage in any automated use of the system; 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; use any information obtained from the Site in order to harass, abuse, or harm another person; use the Site as part of any effort to compete with us; decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up a part of the Site; harass, annoy, intimidate, or threaten any of our employees, agents, or other users; upload or transmit viruses, trojan horses, or other harmful material; disparage, tarnish, or otherwise harm us, the Site, or any users; or use the Site in a manner inconsistent with any applicable laws or regulations.
(a) You represent and warrant that: (i) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (ii) you will maintain the accuracy of such information and promptly update such information as necessary; (iii) you will keep your password confidential and will be responsible for all use of your password and account; (iv) you have the legal capacity to access and use the Site and 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; and (v) you agree to comply with these Terms and Conditions.
(b) If you know or suspect that anyone other than you knows your user information (such as an identification code or username) and/or password, you must promptly notify us at basecamp@29029.co.
(c) If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account. We reserve the right to remove or change any username you select if we determine, in Organizer’s sole discretion, that such username is inappropriate.
(a) The Site, Organizer’s services, and contents of the Site, including, without limitation, source code, databases, names, logos, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, “Organizer’s Content”), are trademarks of the Company or its affiliates or licensors. Organizer’s Content is protected by copyright, trademark, and other laws.
(b) Except as expressly provided in these Terms and Conditions, no part of the Site, Organizer’s services, or Organizer’s 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.
(c) Provided that you are eligible to use the Site and have accepted and agreed to these Terms and Conditions, you are granted a limited license to access and use the Site and any portion of Organizer’s Content to which you have properly gained access solely for your personal, non-commercial use.
(d) The content on the Site is provided for general information only and 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.
(a) We reserve the right, at Organizer’s sole discretion, to: (i) monitor the Site for breaches of these Terms and Conditions; (ii) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (iii) 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 (iv) otherwise manage the Site in a manner designed to protect our rights and Organizer’s Content and to facilitate the proper functioning of the Site and Organizer’s services.
(b) We do not guarantee that the Site will be secure or free from bugs or viruses. You are solely responsible for configuring your information technology, computer programs, and platform to access the Site and you are strongly advised to use your own virus protection software.
(a) TO THE FULLEST EXTENT PROVIDED BY LAW, ORGANIZER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
(b) YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
(c) TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ORGANIZER, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You agree to defend, indemnify, and hold harmless Organizer, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, Organizer’s services, or Organizer’s Content.
(a) These Terms and Conditions shall remain in full force and effect while you use the Site or Organizer’s 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@29029.co.
(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 Organizer’s services to any person for any reason, including, without limitation, any breach of these Terms and Conditions or of any applicable law or regulation.
The following additional terms and conditions shall apply when you use a mobile application obtained from the Apple Store or Google Play (each an “App Distributor”) to access the Site or Organizer’s Content: 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; we are responsible for providing any maintenance and support services with respect to the mobile application; you represent and warrant that you are not located in a country that is subject to a U.S. government embargo; you must comply with all applicable third-party terms of agreement; and you acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions.
(a) 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.
(b) These Terms and Conditions and any policies or operating rules posted by us on the Site with respect to Organizer’s services constitute the entire agreement and understanding between you and Organizer.
(c) Organizer’s 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.
(d) If any term or provision of these Terms and Conditions is deemed to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision.
(e) All matters arising out of or relating to these Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under these Terms and Conditions may be brought only in the federal and state courts located in Atlanta, Georgia.
(f) In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us by email at basecamp@29029.co or by post to:
2020 Howell Mill Road
STE D-216
Atlanta, GA 30318
basecamp@29029.co
If you are unsatisfied with your purchase for any reason, you may receive a refund of the original purchase price within 30 days of the date of receipt of the purchased item(s). 29029 does not exchange items.
Sale items, limited-edition items, items purchased with a promotional code and/or items purchased from outside of the USA are final sale and not eligible for a return.
Returns must be requested by email to basecamp@29029.co no later than 30 days after you receive your purchase.
After you have requested a return by emailing basecamp@29029.co as outlined above follow these steps:
Item(s) returned without original tags and the original packaging will not be accepted and will be sent back to the buyer at the buyer’s expense.
29029 reserves the right to reject any returns that do not comply with the policies outlined above. Any returns that are not authorized will be sent back to you at your expense and a refund will not be granted.
29029 is not responsible for packages lost or damaged in transit. If either of these occurs, email basecamp@29029.co and provide us with your tracking number or send us pictures of the damage.