Registration Terms Agreement and Release from Liability
In consideration of my and/or my child or ward, if under the age of 18, (each a “Ward”) an/or legally incapacitated adults (together with Ward, each a “Dependent”) and/or any third parties who I am registering for (together with each Dependent, the “Third Parties”) being permitted to participate in the San Jose-Giant Race, and all other activities conducted in conjunction therewith (collectively, the “San Jose Giant Race”) wherever the San Jose Giant Race may occur, I attest that, after reading this Registration Terms Agreement and Release from Liability (this “Agreement”) completely and carefully, I hereby, on my own behalf, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, and/or on behalf of any Dependent(s), of whom I am the parent or legal guardian and who I am registering for, and/or on behalf of any Third Parties, acknowledge, understand and agree as follows:
1. I, ON MY BEHALF, AND/OR ON BEHALF OF the third parties IDENTIFIED ON THE REGISTRATION PAGE, ACKNOWLEDGE THAT participation in the San Jose Giant Race is voluntary and agree that I and/or the third parties shall follow the Instructions/directives of authorized race personnel, be familiar with and abide by the rules and regulations established for the San Jose Giant Race, including, but not limited to, the competition rules adopted by USA Track & Field (“USATF”) and any safety regulations established for the benefit of all participants, behave in a reasonable and responsible manner throughout participation in the San Jose Giant Race and assume all of the risks of participation, as further described below.
2. ACKNOWLEDGEMENT OF RISK: I, ON MY BEHALF, AND/OR THE THIRD PARTIES IDENTIFIED ON THE REGISTRATION PAGE, understand AND ACKNOWLEDGE THAT participation in the San Jose Giant Race is voluntary and I AM AND/OR THE THIRD PARTIES are AWARE THAT PARTICIPAITING IN A road running ATHLETIC EVENT OF THIS TYPE IS INHERENTLY dangerous and represents an extreme test of a person’s physical and mental limits. I, ON MY BEHALF, AND/OR ON BEHALF OF THE THIRD PARTIES, understand AND ACKNOWLEDGE the risks and dangers associated with participation in the SAN JOSE Giant Race and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life (E.G. POTENTIAL INJURIES FROM RUNNING, SLIPPING, FALLING, TRIPPING); loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; race equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Releasees (as defined in Section 3 below); and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I, ON MY BEHALF, AND/OR ON BEHALF OF THE THIRD PARTIES UNDERSTAND and acknowledge that these Risks may be caused in whole or in part by my own and/or the Third Parties actions or inactions or the actions or inactions of others participating in or organizing the San Jose Giant Race, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I AND/OR the THIRD PARTIES incur as a result of my and/or their participation in the San Jose Giant Race, except to the extent caused by the gross negligence and/or willful misconduct of any of the ReleasEES. I acknowledge that NEITHER I, NOR the third parties, should enter and participate unless each is medically able and properly trained. I ATTEST AND VERIFY THAT I AM, AND/OR THE THIRD PARTIES ARE, in good health and in proper physical condition to participate in the San Jose Giant Race, not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/their ability to safely participate in the San Jose Giant Race, SUFFICIENTLY TRAINED FOR COMPETITION IN THE SAN JOSE GIANT RACE and free from all illnesses, injuries and defects that could interfere with safe participation in the San Jose Giant Race and have not been advised otherwise by a medical professional. I agree, on my behalf and on behalf of all those I am registering, that it is my and/OR THEIR sole responsibility to determine whether I AM AND/OR THEY ARE sufficiently fit and healthy enough to participate in the San Jose Giant Race, that I am AND/OR THEY ARE SOLELY responsible for my and/OR THEIR own CONDUCT, ACTIONS, safety and well-being at all times and under all circumstances while at the San Jose Giant Race site, INCLUDING THE CONDITION AND ADEQUACY OF MY AND/OR THEIR EQUIPMENT.I UNDERSTAND THAT IN ADDITION TO THE ABOVE-MENTIONED RISKS, THERE ARE UNPREDICTABLE DANGERS IN THE SAN JOSE GIANT RACE. I HEREBY AGREE TO ASSUME ANY AND ALL RISKS OF INJURY TO ME AND/OR THE THIRD PARTIES I AM REGISTERING AND RISKS OF PROPERTY DAMAGE AND I AGREE TO ASSUME MY OWN AND/OR THE THIRD PARTIES MEDICAL EXPENSES OF EVERY KIND IN THE EVENT OF INJURY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION. IF I AM REGISTERING DEPENDENT(S), I CERTIFY THAT THE DEPENDENT(S) HAS/HAVE MY PERMISSION TO COMPETE IN THE SAN JOSE GIANT RACE AND THAT THE RACE OFFICIALS HAVE MY PERMISSION TO AUTHORIZE EMERGENCY TREATMENT IF NECESSARY.
3. WAIVER AND RELEASE. As consideration for being permitted by San Francisco Giants Enterprises LLC (“GE”), S.J.G. Ball LLC, Baseball Acquisition Company, Inc., Progress Sports Management, LP, Soul Focus, LLC. and the City of San Jose, and Santa Clara County (collectively, the “Event Hosts”) to participate in the San Jose Giant Race, I hereby waive and covenant that neither I nor the Third Parties nor any of our respective assignees, heirs, distributees, guardians, or legal representatives will make a claim against, sue, or attach the property of the Event Hosts, the event directors, the host organization and the facility, venue and property owners or operators upon which the San Jose Giant Race takes place, the sponsors, promoters, organizers advertisers and officials of the San Jose Giant Race, law enforcement agencies and other public entities providing support for the San Jose Giant Race, Soul Focus, LLC, Fast North Corp (doing business as Race Roster), USA Track & Field, Inc., its members, clubs, associations, sport disciplines and divisions, United States Olympic Committee (USOC) or any of their respective and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers, or any MLB Entity (defined below) (collectively, the “Releasees”) with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to participation in the San Jose Giant Race, except to the extent caused by the gross negligence and/or willful misconduct of any of the Releasees. I hereby release each of the Releasees from all actions, claims, or demands that I and/or the Third Parties or any of our respective assignees, heirs, distributees, guardians, or legal representatives now have or may hereafter have for any Liability resulting from participation in the San Jose Giant Race. “MLB Entities” means MLB Advanced Media, L.P., the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, the Major League Baseball Clubs (“Clubs”), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC and the owners, general and limited partners, shareholders, directors, officers, employees and agents of the foregoing entities.
4. INDEMNIFICATION. In and for consideration of me and/or the Third Parties being permitted to participate in the San Jose Giant Race, I agree to indemnify, defend and hold harmless the Releasees, and each of them, from any Liability resulting from my and/or the Third Parties participation in the San Jose Giant Race, including, but not limited to if I, or anyone on my behalf, or the Third Parties makes a claim for Liability against any of the Releasees, or my and/or the Third Parties violation of any term of this Agreement as well as the Terms of Service located at: http://www.thegiantrace.com.
6. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NONE OF THE RELEASEES OR MLB ADVANCED MEDIA (“MLBAM”) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE PARTICIPATION OR THE INABILITY TO PARTICIPATE IN THE SAN JOSE GIANT RACE OR (B) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN THOUGH I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I EXPRESSLY AGREE THAT REGISTRATION ON THIS SITE FOR THE SAN JOSE GIANT RACE AND PARTICIPATION IN THE SAN JOSE GIANT RACE BY ME AND/OR THE THIRD PARTIES IS AT MY AND OUR SOLE RISK. RELEASEES AND MLBAM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Releasees and MLBAM make no warranty that the San Jose Giant Race site’s services will be uninterrupted, secure or error free. The Releasees and MLBAM do not guarantee the accuracy or completeness of any information in, or provided in connection with, the San Jose Giant Race site. The Releasees and MLBAM are not responsible for any errors or omissions, or for the results obtained from the use of such information. I understand and agree that any material and/or data downloaded or otherwise obtained through the use of the San Jose Giant Race site is at my own discretion and risk and that I will be solely responsible for any damage to my computer system or loss of data that results from the download of such material and/or data.
7. PUBLICITY. I authorize GE to photograph, video tape or use any other mechanical means of recording or reproducing images me and/or the Third Parties.I hereby grant the Releasees a limited license to use my name, likeness, image, photograph, voice, video, athletic performance, biographical and other information (collectively, “Likeness”) and, if applicable, that of the Third Parties. I also acknowledge and hereby grant to GE, MLBAM and USATF the worldwide and perpetual right and authority to use, reproduce, distribute, broadcast or otherwise transmit, publish and display in whole or in part, my Likeness and/or the Likeness of the Third Parties in any and all media now known or hereafter invented, in perpetuity, for the purpose of advertising, trade, promotion and/or otherwise without notification restriction, liability, compensation or additional consideration, except where prohibited by law. The foregoing grant, however, does not constitute consent for the Releasees to use any Likeness in an endorsement of any product or service without my specific written consent.
8. ENTRY FEE AND TICKETS (IF PURCHASED) NON-REFUNDABLE. I understand that my entry fee is nonrefundable, including if the race is cancelled, and my entry is non-transferable. I understand that all tickets purchased, if any, during the registration for the San Jose Giant Race are subject to the terms of Minor League Baseball tickets generally and that the terms and conditions of any tickets purchased hereunder will govern in the event a legal game, event or exhibition, as defined by Minor League Baseball, is not played due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. I agree to comply, and cause the Third Parties to comply, with all applicable ballpark and other regulations in connection with such tickets and understand that all ticket sales are final.
10. SEVERABILITY. I further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
11. CONTRACT. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS Agreement IS A BINDING CONTRACT BETWEEN ME AND GE. I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by accepting it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have accepted this Agreement VOLUNTARILY without any inducement, assurance or guarantee, and intend for my ACCEPTANCE of the Terms and Conditions on the Registration page to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement.