A Florida judge dismissed a class action law suit that had been filed against Ironman yesterday, according to a report on Law360.
You can read the full order here.
“This is a very simple case,” U.S. District Judge Tom Barber wrote in his order. “’No refunds’ means exactly what it says — no refunds. Florida law is clear that courts are not permitted to “rewrite a contract or interfere with the freedom of contract or substitute their judgment for that of the parties thereto in order to relieve one of the parties from the apparent hardship of an improvident bargain.”
The class action law suit had been brought forward with two main plaintiffs – Mikaela Ellenwood from Denver, Colorado, who had entered a Rock ‘n’ Roll marathon in San Francisco, and Jorge Casanova from Vallejo, California, who had entered Ironman 70.3 Santa Rosa.
Barber found that the “no refund” provision in the contracts (waivers) signed with the entries “is fair and makes perfect sense when considering the many contingencies beyond the organizers’ control that could occur in connection with an outdoor sporting event.”