“Defendants should not be permitted to force Plaintiff and members of the class to bear the financial burden of the events canceled as a result of COVID-19,”
The complaint was filed on behalf of Mikaela Ellenwood, a Colorado resident who had registered for the Rock n’ Roll San Francisco half-marathon, which was scheduled for April 5th. As a result of the race cancellation, she was deferred to the race next year and was not given an option for a refund.
Ironman’s standard cancellation policy pre-COVID states that an athlete can transfer or defer to another race for a fee, and that they can not get a refund unless they purchased registration insurance.
However, if a race is officially cancelled or postponed due to the virus, athletes are offered a choice of transferring to another event or deferring to next year for no additional fee.
There are many problems with the current policy as it relates to COVID-19.
First, athletes must wait for an official announcement from Ironman to verify that their race is cancelled or postponed. Many athletes make flight and accommodation reservations months in advance, so they are stuck in limbo on whether or not to cancel their travel plans, as they wait for the communication message from Ironman.
Second, the flexibility offered by Ironman once a race is officially cancelled or postponed is minimal. For example, 2020 was supposed to be the final year for some race venues, which means that there is no option to defer to the same venue in 2021. As a result, athletes must choose a completely different race. Not to mention an entirely different date that may not work with their current professional and personal living situation.
Lastly, due to cross-border travel restrictions, some athletes are not allowed to make scheduled races even if they want to.
Still, it may be an uphill battle to win the lawsuit because when an athlete registers for an event, there are a number of waivers, terms and conditions they must sign. For example, it’s common to acknowledge that you will not be refunded in the event of a cancellation due to the weather or due to an act of God— this is referred to as a “force majeure” clause. Not surprisingly, race registration for Ironman events now include a waiver outlining the risk of COVID-19 and agreeing not to hold the company liable.
If the case is certified it will be open to all those in similar circumstances.
To view the complaint, please visit:
https://www.chamberlitigation.com/sites/default/files/Ellenwood%20v%20World%20Triathlon%20Corp.pdf
To follow the docket, please visit:
https://www.pacermonitor.com/public/case/34283586/ELLENWOOD_v_World_Triathlon_Corporation_et_al