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Participant Waiver of Liability Form
By indicating your acceptance, you understand, agree, warrant and covenant as follows and hereby enter into this Little Wharf 3-Miler Release and Waiver Agreement (this “Agreement”):
1. ACKNOWLEDGEMENT OF RISK: I, ON MY BEHALF, AND/OR ON BEHALF OF THE MINOR CHILDREN IDENTIFIED ON THE REGISTRATION PAGE (THE “MINOR(S)”), ACKNOWLEDGE THAT I AM AWARE OF THE INHERENT RISKS IN PARTICIPAITING IN AN ATHLETIC EVENT OF THIS TYPE (THE “Little Wharf 3 Mile”) AND THAT BY PARTICIPATING IN THE WHARF TO WHARF INC, I, AND/OR THE MINOR(S), COULD POSSIBLY BE EXPOSED TO DANGEROUS OR HAZARDOUS EVENTS (INCLUDING, BUT NOT LIMITED TO, POTENTIAL INJURIES FROM FALLING OR TRIPPING, BEING PUSHED BY ANOTHER PARTICIPANT, SPECTATOR, AND/OR OPERATOR OF THE Little Wharf 3-Miler) OR I, AND/OR THE MINOR(S) POSSIBLY COULD SUFFER PROPERTY DAMAGE. I ATTEST AND VERIFY THAT I AM PHYISCALLY FIT AND HAVE SUFFICIENTLY TRAINED FOR COMPETITION IN THE Little Wharf 3-Mile AND THAT A LICENSED MEDICAL DOCTOR HAS VERIFIED MY PHYSICAL CONDITION. I UNDERSTAND THAT IN ADDITION TO THE ABOVE-MENTIONED RISKS, THERE ARE UNPREDICTABLE DANGERS IN THE Little Wharf 3-Miler. I, AND/OR THE MINORS, ARE PARTICIPATING IN THE Little Wharf 3-Mile WITH KNOWLEDGE OF THE POSSIBLE DANGERS INVOLVED AND I HEREBY AGREE TO ASSUME ANY AND ALL RISKS OF INJURY TO ME AND/OR THE MINOR(S) AND RISKS OF PROPERTY DAMAGE AND I AGREE TO ASSUME MY OWN AND/OR MY MINOR(S)’ MEDICAL EXPENSES OF EVERY KIND IN THE EVENT OF INJURY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN ANY APPLICABLE JURISDICTION. I CERTIFY THAT THE MINOR(S) HAVE MY PERMISSION TO COMPETE IN THE Little Wharf 3-Miler, IS/ARE IN GOOD PHYSICAL CONDITION AND THAT THE RACE OFFICIALS HAVE MY PERMISSION TO AUTHORIZE EMERGENCY TREATMENT IF NECESSARY.
2. WAIVER AND RELEASE. As consideration for being permitted by WHARF TO WHARF, INC (“Race Producers”), to participate in the Little Wharf 3-Miler, I hereby agree that neither I nor the Minor(s) or any of our respective assignees, heirs, distributees, guardians, or legal representatives will make a claim against, sue, or attach to the property of the Race Producers or any of the respective volunteers, partners, members, affiliates, directors, officers, representatives, employees, contractors or agents of Race Producers including Soul Focus, LLC., State of California, Department of Transportation, the County of Santa Cruz, Cities of Santa Cruz and Capitola, County of Santa Cruz, Race Roster USA, Road Runners Club of America, the Pajaro Valley Unified School District, the Santa Cruz City School District, the Lorenzo Valley Unified School District, the Live Oak School District, Capitola Vista Owners Association, South Valley Endurance, their representatives, successors, and all officers, directors, agents, and employees of the described organizations. (collectively, the “Releasees”) for any liability, injury, loss or damage connected in any way with the Little Wharf 3-Mile. I hereby release and hold harmless each of the Releasees from all actions, claims, or demands that I or the Minor(s) or any of our respective assignees, heirs, distributees, guardians, or legal representatives now have or may hereafter have for any liability, injury, loss or damage resulting from participation in the Little Wharf 3-Miler.
3. INDEMNIFICATION. In and for consideration of being permitted to participate in the Little Wharf 3-Miler, I agree to indemnify and hold harmless the Releasees, and each of them, from any and all losses, liabilities, claims, demands, damages or judgments resulting from my and the Minor(s)’ participation in the Little Wharf 3-Mile.
4. REGISTRATION. I represent and warrant to Stadium Manager, the Authority and the Releasees that I have full legal authority to complete this event registration on behalf of myself and/or any party I am registering (the "Registered Parties"), including full authority to make use of the credit or debit card to which registration fees will be charged. If I am registering a child or an incapacitated adult I represent and warrant that I am the parent or legal guardian of that party and have the legal authority to enter into this Agreement on their behalf and by proceeding with this event registration, I agree that the terms of this Agreement shall apply equally to all Registered Parties. By registering a child under 14, I agree and consent to the collection of that child's information which I provide for the purposes of registration and that all information collected hereunder shall be subject to the www.wharftowharf.com
5. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. NONE OF THE RELEASEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE PARTICIPATION OR THE INABILITY TO PARTICIPATE IN THE Little Wharf 3-Mile 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 Little Wharf 3-Mile AND/OR PARTICIPATION IN THE Little Wharf 3-Mile BY ME AND/OR THE MINOR(S) IS AT MY AND OUR SOLE RISK. RELEASEES 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 make no warranty that the Little Wharf 3-Mile site’s services will be uninterrupted, secure or error free. The Releasees do not guarantee the accuracy or completeness of any information in, or provided in connection with, the Little Wharf 3-Mile site. The Releasees 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 Little Wharf 3-Mile 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.
6. PUBLICITY. I authorize Race Producers and/or any of its affiliates to photograph, video tape or use any other mechanical means of recording or reproducing images and to use my likeness and, if applicable, the likeness of the Minor(s). I also acknowledge and hereby grant to Stadium Manager and/or any of its affiliates the worldwide and perpetual right and authority to use, reproduce, distribute, broadcast or otherwise transmit, publish and display in whole or in part, my name, photograph, or any other likeness and/or biographical information I may provide and, if applicable, the Minor(s) name, photograph or other likeness or other biographical information provided, and any statement I have made or may make concerning the Little Wharf 3-Mile in any and all media now known or hereafter invented, in perpetuity, for the purpose of trade, promotion and/or otherwise without notification, compensation or additional consideration, except where prohibited by law.
7. ENTRY FEE AND TICKETS (IF PURCHASED) NON-REFUNDABLE. I understand that my entry fee is nonrefundable. I understand that all registrations purchased for the Little Wharf 3-Mile are subject to the terms that if the event is not held due to weather, an act of God, an act of terrorism, civil disturbance or any other reason there will be no refund. All sales are final.
9. 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.
10. CONTRACT. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A BINDING CONTRACT BETWEEN RACE PRODUCER, ON BEHALF OF THE RELEASEES, AND ME AND SIGN IT OF MY OWN FREE WILL. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY ACCEPTANCE TO PROVIDE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW
ALL PARTICIPANTS IN THE Little Wharf 3-Mile ARE REQUIRED TO ASSUME ALL RISK OF PARTICIPATION BY ACCEPTING THIS GENERAL RELEASE AGREEMENT.
I know that running and the other obstacles/stations included in the course are potentially hazardous activities. I should not enter and run the race unless I am medically able and properly trained and willing to accept all risks associated the hazardous activities. I agree to abide by any decision of a race official relative to my ability to safely complete the run. I assume all risk associated with running including, but not limited to, falls, contact with other participants and operators, the effects of the road and traffic on course, all such risks being known and appreciated by me in said event and any pre-and post activities. Having read this waiver and knowing these facts, I for myself and anyone entitled to act on my behalf, waive and release the Releasees, all sponsors, their directors, officers, employees, agents, representatives and successors from all claims or liabilities of any kind or nature whatsoever arising out of my voluntary participation in this Little Wharf 3-Miler, even though that liability may arise out of gross negligence or carelessness on the part of the persons named in this waiver. I grant to Little Wharf 3-Mile and its sponsors, licensees the exclusive right to the free use of my name, my voice, and/or my picture in any broadcast, telecast, advertising, promotion or other account of this event. I agree to abide by all rules and guidelines of Road Race and not cover, alter or reproduce my running number in any way on pain of my disqualification from this and future events. I acknowledge that my entry fee is non-refundable, including if the race is cancelled. I agree I will not chargeback or dispute the credit card transaction.
Authority to Register and/or to Act as Agent. You represent and warrant to the Releasees, Race Roster Ecommerce Services that you have full legal authority to complete this event registration on Race Roster, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, if you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in performing this event registration. By proceeding with this event registration, you agree that the terms of this Agreement shall apply equally to you and to any third parties for whom you are acting as agent. You represent and warrant that you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child's personal information by Forte.
Refund Policy. I acknowledge that my entry fee is non-refundable, including if the race is cancelled.