Tough Mudder Death Waiver

I'm curious if their death waiver has ever been tested in court? One law blog says they're not aware of any lawsuits and the waiver appears to be "legally sound or no one has tried to challenge it." 

This picture was on their Facebook wall. It's amusing to me because several months ago TM had job postings for 3 attorney positions on their website. I checked again after they posted this picture and it appears they now have at least 3 attorneys. 

I am aware of one death (a friend of a friend) where the family (and doctor I would assume) speculated that the death was the result of a Tough Mudder race. He finished a Tough Mudder race and died a few weeks later. The cause of death was due to the inhalation of certain mold spores commonly found on soil with a lot of moisture...basically places where Tough Mudder races are held. The takeaway was, if you have weird respiratory issues after a TM race, make sure you tell your doctor  you did one of these races so they can treat you for those types of molds. 

Given the popularity of these races and the number of people that might want to think twice before trying one but didn't, it's likely only a matter of time before it's tested in court. 

Tough Mudder Tougher Than Triathlon or Marathon

I'm going to say no for the reason in bold below.

Recently Courtney Baird wrote this article  touting obstacle races. I have never done one but I can imagine climbing 12 foot walls, climbing a quarter-pipe, doing the monkey bars and jumping into freezing water would be difficult. However, you need to read the FAQ on Tough Mudder's website: "it's fine by us if you want to skip an obstacle..." So, you could easily skip every obstacle, walk 10-12 miles, get a headband and say you finished. Not very tough. It's the same argument as finishing an IM in 10 hours vs. 16:59.

You're also allowed to help each other, don't have to deal with a mass swim start, deal with running after biking and don't seem to have a time limit.

It might be hard if you complete every obstacle but since you're not required to complete them all, it's not actually that hard.

How many people passed out at a 3 mile Warrior Dash last year?

Now, the Worlds Toughest Mudder...that is probably more difficult...assuming you do at least 2 laps.