Still curious about those deleted posts, John.

Have you ever started to say something and then thought better of it?

/

I get that it's the internet and it's easy to call someone a 'bitch', 'entitled', 'bitchy', 'butt-hurt', etc...but do you think this accomplishes anything? If athletes complained to a Race Director in person, do you think it would be a good idea for him/her to say: 'Aw, quit your bitching you entitled asshole...putting on these events is hard and I don't make much money, so let me take your money and quit bitching'


They're running a business and I'm a paying customer. You want the customer to return? Do what's right. Call me whatever you want, that's the way it works.

No, that's never happened to him. Ever.

It's ok to tell someone 'shut the fuck up', but not okay to question someone about deleted posts? Hmm...

2) You have agreed to forfeit your money. There was...
a) an Offer
b) Consideration
c) Acceptance

3) That means we have a legally binding contract that included a clause concerning no refunds.

4) Someone would say this is fraud but for fraud you need,
a) A false statement of material fact
b) knowledge on the part of the defendent the statement is untrue
c) intent to deceive the victim
d) justifiable reliance on the statement by the victim
e) injury to the victim

5) Wow, seems like we only have two elements, thus there is no fraud, no breach of contract, and you are entitled to NO money back.

6) For people like the guardian who can't wrap their brain around why this business model is different is because this business provides a single service, once a year, and mass refunds would immediately bankrupt said company as opposed to a couch company which has factored in one bad couch every 1000. 1 bad race in one race with refunds = bye bye race.

The fraud is as easily outlined.

Is the promoter in breach if a lightning storm strikes and the swim is canceled and all athletes race is impacted?

Is the promoter in breach if a train crossing interrupts the race and all/many athletes race is impacted.

Is the promoter in breach if an accident response blocks the race for a period of time and all/many athletes race is impacted?

Is the promoter in breach if a race mechanic breaks a participant's bike and that participant cannot race and a single athletes race is impacted?

Is the promoter in breach if water quality test dictates swim is canceled?

Is the promoter in breach if road construction dictates a course change?

Is the promoter in breach if a natural disaster forces an event cancelation days/hours before the event?

Is the promoter in breach if inability to garner permits forces an event cancelation months before the event?

Is the promoter in breach if he absconds with all race funds and moves to Bali?


Needless to say, there are a lot of circumstances that can cause "providing specific performance" to not be met, and to not be met at different scales. People here act as if a last-minute hurricane that cancels the event is the same situation as the promoter taking the money and running, which happened one year at the National Marathon, or canceling the event with many months notice and not refunding money.

The promoter has covered himself though the no-refund policy. It is a valid argument to say that participants should not be asked to share risk and that promoters should have to get additional insurance. But, what levels of not "providing specific performance" does this insurance cover, and what about the infinite, other scenarios that can occur?

...and no changes were allowed. So the contract is interpreted as the participant reads the contract.