Terms & Conditions

These Terms and Conditions (“Terms” or “Terms and Conditions”) govern your relationship with  Fresh Events Asia Sdn. Bhd. (“us“, “we“, “our“, or “Fresh Events”) in respect of any products (“Products”) or services (“Services”) offered or provided by us from time to time, including but not limited to any races or other events organised by us (collectively “Events”) or any website, social media page or other pages, content, media, applications or platforms whether in electronic format or otherwise created, posted, published, managed or developed by us (which may include but is not limited to websites, pages or other content on third party platforms such as Facebook, Twitter, YouTube, Instagram, Spotify and Google+) (collectively “Platforms”). Please read these Terms carefully before using any of the Products or Services. Your access to, registration for and/or any other use of any of the Products or Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use any of the Products or Services. By accessing or using any of the Products or Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you should not access, register for or use the Products or Services. The phrase “Released Parties” where used in these Terms shall bear the meaning as ascribed to it in paragraph 12. 

By accepting these Terms, you warrant that you are at least 18 years of age or have obtained proper parental/guardian consent, that you have full legal capacity to enter into this agreement and that you have authority to bind yourself to these Terms. If under 18, parent/guardian must separately execute these Terms. 

 

If you wish to purchase any Products or Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of the Purchase. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: Products or Services availability, errors in the description or price of the Products or Services, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

 

We are constantly updating our offerings of Products and Services on the Service. The Products or Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Products or Service and in our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications and availability.  We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

 

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available or organised by us may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

The Products and Services and their original content, features and functionality are and will remain the exclusive property of Fresh Events. The Products and Services are protected by copyright, trademark, and other laws of both Malaysia and foreign countries. The trademarks and trade-dress may not be used in connection with any products or services without the prior written consent of Fresh Events. By submitting, posting or displaying any content, pictures, videos and other materials on any of the Platforms, you grant to us a worldwide, non-exclusive, royalty-free, perpetual and irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content, pictures, videos and/or other materials in any and all media, advertising, marketing or other distribution methods whether now known or later developed. You agree to waive all right to any future compensation to which you may otherwise be entitled as a result of any use of these.

 

The Platforms may contain links to third party websites or services that are not owned or controlled by Fresh Events. Fresh Events has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or any goods or services offered by any third party. You further acknowledge and agree that Fresh Events shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or offered by any third party. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or goods or services that you visit, use or order (as the case may be).

 

We may terminate or suspend your access to or use of or participation in any of the Goods or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to access, use and participate in the Goods or Services will immediately cease.

 

These Terms shall be governed and construed in accordance with the laws of Malaysia, without regard to its conflict of law provisions. All disputes arising out of these Terms shall be adjudicated by the Malaysian courts. Our failure to enforce any right under or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Products and Services and supersede and replace any prior agreements we might have between we and you regarding the Products or Services.

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without any notice requirement or obligation to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Products and Services.

 

Fresh Events reserves the right, in its sole discretion, to dismiss any participant, to deny or revoke entry of any applicant at any time, and/or to disqualify participant from any of the Events. If you are dismissed or depart for any reason, you agree you are responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. If your entry application is denied or revoked, you agree Fresh Events is not responsible for costs incurred or damages suffered by you or your family in excess of the amount of the entry fee. You acknowledge and agree that Fresh Events , in its sole discretion (whether for safety reasons, legal reasons, or any other reason), may: (i) at any time, with or without notice, change or modify the race course, distances, routes, elevation, ascents, difficulty level, or any other race-course or Event aspect; or (ii) delay or cancel any of the Events (or any leg(s) of the race) if it believes the conditions are unsafe or otherwise unsuitable for any of the Events. If the race course or any of the Events are changed, modified, delayed, or cancelled for any reason, including but not limited to a Force Majeure Event, there will be no refund of entry fee or any other costs incurred in connection with the Event. A Force Majeure Event means any causes beyond the control of Fresh Events including but not limited to: (a) acts of God, flood, drought, air pollution (haze), earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition; (f) collapse of buildings, fire, explosion or accident; (g) any labour or trade dispute, strikes, industrial action or lockouts; and (h) interruption or failure of utility service. Notwithstanding the foregoing, Fresh Events may issue, at its sole discretion, a partial or full refund of entry fee(s), by accounting for, amongst other considerations, the extent and nature of the cancellation. In all instances of any Event cancellation, the maximum remedy for any cancellation (whether in part or in whole) of any Event will be a refund of the entry fee after the deduction of all reasonable costs and expenses already incurred by Fresh Events in preparation for the Event and/or in connection with the purchase and refund of the Event entry. If any Event is postponed, you agree to be registered for the new date and for Fresh Events to email the Event details.  You acknowledge that all entry and other fees shall be paid in full when registering for an Event. You shall not be permitted to participate in any Event if any fees are outstanding. . You acknowledge that upon acceptance of these Terms you agree to attend and participate in the Event. You acknowledge and agree that Fresh Events has a legitimate interest in ensuring that you comply with these Terms in order to ensure the smooth operations of the Events. You further acknowledge and agree that the cancellation fees set out in these Terms are reasonable and proportionate to protect Fresh Events’ legitimate interest. You understand and agree that your name, bib number and race results will be available to the public during and after the Event. 

 

Fresh Events may assign or transfer its rights and/or obligations under these Terms in whole or in part to any third parties (“assignees”) at any time. You may not assign or transfer your rights and obligations under these Terms (including but not limited to any registration or participation rights for any Event) without Fresh Events’ prior written consent. Unless we specify otherwise or except as otherwise provided in these Terms, these Terms are effective in regard to your participation in or use of all Products and Services from time to time (notwithstanding that you may have accepted these Terms when signing up or registering for a specific Product or Service) and these Terms will remain in full force and effect without limit in time. These Terms are intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of these Terms are deemed unlawful or unenforceable, it will not affect the enforceability of the remaining portions, and those remaining portions will continue in full force and effect. These Terms shall be binding on our and your respective successors-in-title and personal representatives. The contra proferentem rule shall not apply to these Terms. In the event of any ambiguity in or conflict or inconsistency between any provisions in these Terms, the interpretation which is most favourable to Fresh Events shall apply.

 

11.1 Your use of the Products and Services are at your sole risk. The Products and Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Products and Services are provided without warranties of any kind, whether express, implied or customary, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Without prejudice to the generality of the foregoing, Fresh Events and the Released Parties do not warrant that: a) any of the Products or Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Products and Services is free of viruses or other harmful components; or d) the results of using the Products or Services will meet your requirements.

11.2 The Events can include but not be limited to: warm-up exercises, competitive running, tower racing and stair climbing,  fitness racing, functional fitness racing, competitive cycling, participation in clinics, training, demonstrations or other games and activities, attendance at any activities, use of any equipment, facilities or premises and traveling in planes, vans, buses or other vehicles to and from activities (the Event and other activities collectively referred to in these Terms as “activities” or “activity”). Activities may be scheduled or unscheduled, mandatory or optional, whether or not authorized and/or conducted by Fresh Events, structured or unstructured and include free time. You acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in these Terms as “risks”) of these activities can cause injury, damage, death or other loss to participants or others and loss of or damage to their respective properties. You acknowledge that you are voluntarily participating with knowledge of the risks. Therefore, you assume and accept full responsibility for yourself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss you may suffer, resulting from those risks, including but not limited to the risk of your, a co-participant’s, a Released Party’s, a spectator’s, a volunteer’s and/or other third party’s passive or active negligence or other misconduct. 

11.3 With prejudice to the generality of paragraph 11.2: 

(a) You specifically assume the risk of cardiac events, heat-related illness, contracting infectious diseases (including but not limited to Covid-19 and influenza), dehydration, falls, collisions with other participants, equipment failure, course hazards and any other risks inherent in competitive physical events. This assumption of risk applies regardless of whether such risks were foreseeable or disclosed by Fresh Events.

(b) You hereby acknowledge and agree that participation in Events involves significant cardiovascular demands and may trigger cardiac or other medical events including but not limited to heart attack, arrhythmia, cardiac arrest or sudden cardiac death.  You acknowledge that you have consulted with a physician regarding your fitness to participate and have been cleared for high-intensity physical activity. You warrant that you have fully and accurately disclosed and shall fully and accurately disclose all medical conditions, medications and other health issues that may affect your ability to safely participate. If you are pregnant, you warrant that you have obtained written medical clearance from a qualified physician dated no earlier than ten (10) days prior to the relevant Event. Notwithstanding the foregoing, you assume full and sole responsibility for any cardiac or other medical event occurring during participation, regardless of your disclosed or undisclosed medical history.

 

12.1 To the fullest extent permitted by law, you hereby acknowledge and agree to release and not to make, take or file any demand, claim or other action against: 

(a) Fresh Events;  

(b) any applicable federation and/or race sanctioning body, sponsors, organizers, promoters, producers, race directors, advertisers, administrators and volunteers;  

(c) any property owners and state, city, town, county and other governmental bodies, and/or municipal agencies whose property and/or personnel are used and/or in any way assist in locations where any Products or Services are provided, performed or  take place;   

(d) any other persons or entities associated or involved with organising, marketing, promoting, supplying or performing (as the case may be) any of the Products or Services;

(e) each of the above parties’ respective parent, subsidiary and affiliated companies, assignees, licensors, licensees, owners, officers, directors, partners, proprietors, shareholders, members, supervisors, insurers, agents, employees, contractors, vendors, suppliers, advisors and representatives

(individually and collectively referred to in these Terms as the “Released Parties”), 

with respect to any and all expenses, damages, losses, penalties, fines, judgements, taxes and any other claims or  liabilities whether under contract, tort or otherwise  (including but not limited to any injuries, loss of life, loss of or damage to property or any legal fees and costs) (collectively referred to in this Agreement as “claim” or “claim’s”) in any way connected with your participation in any Event or any other use of any other Products or Services , whether or not such claims are attributable to any act or omission of any of the Released Parties (including but not limited to any claims arising from the negligence, gross negligence, or wilful misconduct of Fresh Events or Released Parties). 

12.2 Without prejudice to the generality of paragraph 12.1, in no event shall Fresh Events, nor any Released Parties, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use any of the Products or Services; (ii) any conduct or content of any third party on the Products or Services; (iii) any content obtained from the Products or Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

12.3 Without prejudice to the generality of paragraph 12.1, you acknowledge that Fresh Events and the Released Parties have no obligation to arrange or procure medical assistance at any Event, whether on standby or upon occurrence of a medical incident. Notwithstanding the foregoing, if Fresh Events or any Released Parties arrange or procure any medical assistance at their discretion, you acknowledge the limitations of such assistance, including but not limited to that the medical personnel may only be able to provide limited assistance and not comprehensive medical care and the medical assistance may be delayed due to, amongst others, site conditions and location. In any case, you waive all claims related to the availability (or lack thereof), adequacy, timeliness and quality of any medical assistance during Events.

12.4 Without prejudice to the generality of paragraph 12.1, you acknowledge that Fresh Events and the Released Parties have no obligation to secure any insurance coverage whether for the Event generally or for your benefit. In the event that Fresh Events or any Released Parties at their discretion secure any insurance coverage, you agree that such insurance does not diminish or prejudice the effectiveness of any other provisions of these Terms (including but not limited to any waiver or exclusion of liability against Fresh Events and its insurers), Fresh Events and the Released Parties have no obligation to submit any claims for your benefit or on your behalf to the insurers and the existence of insurance coverage or the submission of any insurance claims do not indicate admission of liability by Fresh Events or any of the Released Parties.

12.5 Without prejudice to the foregoing provisions or any other provisions on exclusion of liability in these Terms, the aggregate maximum liability of Fresh Events and the Released Parties to you for any act or omission under contract, tort or otherwise shall not exceed the sum of RM500 (Five Hundred Ringgit Malaysia) regardless of the number of incidents or claims and whether or not such incidents or claims are connected.

 

13.1 You agree to indemnify and/or reimburse (“Indemnity”) Fresh Events and the Released Parties immediately upon demand for all direct and indirect expenses, damages, losses, penalties, fines, judgements, taxes and any other claims or liabilities (including but not limited to any ambulance costs, medical expenses and legal fees and costs) (collectively “Claims”) incurred, suffered or borne by Fresh Events or any of the Released Parties in connection with any of the following:

(a) any act or omission on your part at or pertaining to any Event which amounts to a breach of any of these Terms or any law or any tort, fraud or wilful misconduct; 

(b) any incident at or pertaining to any Event (including but not limited to any accidents or any incidents caused by or relating to medical conditions) which either involves you (regardless of whether it was caused by you) or was caused by your act or omission.

13.2 For avoidance of doubt:

(a) The Indemnity shall apply to all Claims, regardless of whether any Claims were incurred, suffered or borne by Fresh Events or the Released Parties prior to or after occurrence of the circumstances specified in paragraph 13.1(a) or 13.1(b) which would give rise to the Indemnity.  

(b) The Indemnity is without prejudice to paragraph 12 and, in any case, Fresh Events and the Released Parties shall have no obligation to first bear or advance any costs (including but not limited to any ambulance costs, medical expenses and legal fees and costs) nor shall the bearing or any advance of such costs be construed as an admission of liability on the part of Fresh Events or any of the Released Parties.

 

With prejudice to any other provisions of these Terms, you grant to Fresh Events the right and irrevocable license (with the right to sub-license) to record, collect, use, publish and reproduce, for all purposes the following personal information in printed and electronic form: (i) Picture: including but not limited to photographic, motion picture, and electronic (video) images; (ii) Voice: including but not limited to sound and video recordings; (iii) Name: including but not limited to first name and surname;  (iv) Words: including but not limited to any audio, quotes or statements (collectively “images”); and (v) Biometric information, which may include but is not limited to facial recognition technology for race photography, timing and security purposes. You hereby waive the right to receive any payment and/or compensation for this release and waive the right to receive any payment and/or compensation, now or in the future, for using any of the images for any of the purposes authorised by this release. You understand that all ownership and copyright rights in the images will be owned by Fresh Events and you waive any inspection or approval rights. ou acknowledge that participation in Events may result in photography/videography that may include the recording of medical emergencies or incidents). (b) You consent to such recording and waive any rights (including but not limited to any right to privacy) related to documentation of medical incidents during Events.

 

You agree that Fresh Events and any Released Parties are entitled to inspect any items you may bring with you to any Event, including but not limited to any equipment you may use or wear or intend to use or wear in connection with the Event. You agree to comply with all instructions or recommendations from Fresh Events and any Released Parties, including but not limited to any restrictions or conditions on bringing in or using any equipment or other items.

 

16. ACKNOWLEDGMENT OF UNDERSTANDING 

You acknowledge that you have read, understood, and voluntarily agree to all terms of these Terms. You acknowledge that you have had the opportunity to seek independent legal advice regarding these Terms. 

 

If you have any questions about these Terms, please contact us: [email protected]

31 October 2025