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2019 Silicon Valley Half, 10k, 5k and kids run
CONSENT, WAIVER AND RELEASE FROM LIABILITY
(DO NOT SIGN THIS DOCUMENT UNTIL YOU HAVE READ IT)
I acknowledge that attempting, actively participating in, spectating, observing, appearing in, competing in, working for, volunteering and/or otherwise participating in the “Silicon Valley Half, 10k, 5k, and kids run” to be held April 2019 at various locations throughout San Jose, California (with all ancillary and related activities, the “Event”), involves an above-average risk of personal injury to me and my property, and I knowingly and voluntarily agree to the terms and conditions outlined in this Participant Consent, Waiver and Release From Liability (this “Release”).
IN CONSIDERATION of being permitted to volunteer, observe, and/or participate in any way in the Event, the UNDERSIGNED (by clicking the online waiver check box and confirming approval) for himself/herself, his/her personal representatives, heirs, and next of kin hereby agrees as follows:
I, and, if applicable, my Guardian, understand and unconditionally accept that participation in and volunteering for the Event in any manner whatsoever involves significant risk to Event participants, including, but not limited to, the risk of bodily injury, permanent disability, illness, death, emotional trauma, property damage, property loss, and/or other physical or emotional loss or harm (collectively, “injuries”). I understand that these injuries may be caused by the acts or omissions, negligent or otherwise, of myself, other Event participants, and/or the Releasees (as defined below). I, and, if applicable, my Guardian, hereby to the fullest extent permitted by law, assume full responsibility for any risk of bodily injury, death or property damage arising out of or related to the Event whether caused by the acts or omissions, negligent or otherwise, of myself, other participants, and/or any Releasees.
I represent and warrant that: I am in good health, have no physical conditions that may affect my ability to participate in the Event; I have not been advised otherwise by my medical practitioner after a reasonably recent pre-Event examination; I am covered by medical insurance, individually or as part of an organization or family; I, and, if applicable, my Guardian (as defined in the attached “NOTE FOR MINORS”) acknowledge, agree, and represent that before I participate in the Event, I or my Guardian will inspect the Event facilities, site, and equipment and if any aspect of the Event appears unsafe, I or my Guardian will immediately advise Event officials of any such unsafe condition, will immediately leave the Event, and will not participate further until such condition is remediated.
I, and, if applicable, my Guardian, hereby to the fullest extent permitted by law release, waive, discharge and covenant not to sue SV Half, LLC., Represent Running, Soul Focus, LLC. USATF, City of San Jose, the County of Santa Clara, its officers, agents and employees; and any other promoters, participants, producers, sanctioning organizations or any subdivision thereof, rescue personnel, sponsors, advertisers, owners and lessees of premises used to conduct the Event, premises and Event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises or Event and each of their directors, officers, agents and employees (all of the aforementioned shall be referred to herein collectively as “Releasees” and each a ”Releasee”) from all liability to the undersigned, and his/her Guardian(s), personal representatives, assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to person or property of myself or others arising out of or related to the Event, including without limitation condition of the Event site, facilities or equipment, or rescue operations or procedures, whether caused in whole or in part by the acts, omissions or negligence of any Releasees, or otherwise.
I, and, if applicable, my Guardian, hereby acknowledge that there is a possibility that, after execution of this Release, and if applicable, the attached Note For Minors, I or my Guardian may discover facts, conditions or incur or suffer claims which were unknown by me or my Guardian at the time this Release (and Note For Minors) was executed (each an “unknown condition”), and which, if known or suspected as of the date hereof, may have materially affected my and/or my Guardian’s decision to participate in the Event and/or execute this Release and any attached documents. I (and, if applicable, my Guardian) acknowledge and agree that I or we, as applicable, hereby assume all risk of such unknown conditions.
I, and, if applicable, my Guardian, hereby agree, to the fullest extent permitted by law, to indemnify and save and hold harmless the Releasees and each of them from any loss, liability, damage, or cost, including court costs and reasonable legal fees for outside counsel, that either of us may incur arising out of or related to the Event, whether caused by the negligence of any Releasees or otherwise. I, and, if applicable, my Guardian, hereby agree that this Release extends to all acts and/or omissions, negligent or otherwise, by the Releasees in connection with the Event and my participation therein, including without limitation rescue operations or procedures and is intended to be as broad and inclusive as is permitted by applicable law and that if any portion of this Release is held invalid, he balance shall continue in full legal force and effect.
I, and, if applicable, my Guardian, hereby agree and irrevocably consent that SV Half, LLC, and their agents have the unrestricted right to videotape, film, portray, and/or photograph me and record my voice, conversation, and sounds during and in connection with the Event without compensation to me or my Guardian. I and my Guardian further agree and irrevocably consent that Rodale Inc. is the sole owner of all the results and proceeds of any and all such photography, video and sound recordings, and visual images.
I, and if applicable my Guardian hereby irrevocably consent to and grant to SV Half, LLC, the unrestricted right for themselves, their employees, their sponsors and independent contractors, their assigns and licensees, forever and throughout the universe to use my name, image, likeness, voice, testimonials and biography for any purpose, including, without limitation, in connection with the distribution, advertising, promotion, commercial tie-in or other ancillary exploitation of the Event, and any entertainment programming related thereto, in whole or in part, in all media, including, but not limited to, print, internet, social media, television or other optical, digital, electronic, and the web use, without any further compensation to me, or my Guardian, and by all means now known or hereafter devised and in all languages, throughout the universe in perpetuity.
I, and, if applicable, my Guardian, hereby release SV Half, LLC. and their employees, assigns and licensees from any and all liability arising out of their use of my information and/or likeness. I and my Guardian agree not to make any claim against any such Releasees as a result of the use or exploitation of my name, image, likeness, voice, testimonials, biography or other information and/or likeness.
I understand and agree to the stipulations and conditions for checking my bag at the Event. I understand and agree that a valid event number must be presented to Event staff before any items will be accepted or returned. I understand and agree that Releasees will NOT be responsible or liable for any of my personal property. Furthermore, I verify that no forms of personal identification (this includes drivers licenses, passports, social security cards, etc., credit cards, cash, or travelers checks of any kind have been checked with the items I am checking at the Event. I agree that by clicking the check box indicating approval on this Release that I have released the Releasees from any and all liability associated with the bag check.
I, AND, IF APPLICABLE, MY GUARDIAN HAVE READ THIS RELEASE AND, IF APPLICABLE THE ATTACHED NOTE FOR MINORS, AND I (AND, IF APPLICABLE, MY GUARDIAN) FULLY UNDERSTAND ITS OR THEIR TERMS, UNDERSTAND THAT I (AND, IF APPLICABLE, MY GUARDIAN) HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE AND, IF APPLICABLE THE NOTE FOR MINORS, AND HAVE SIGNED SUCH DOCUMENT(S) FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME OR GUARDIAN AND I (AND, IF APPLICABLE, MY GUARDIAN), INTEND MY OR OUR SIGNATURE(S) TO BE EACH A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW. ALL SECTIONS OF THIS RELEASE AND ANY ATTACHED NOTE FORMINORS (IF APPLICABLE) MUST BE COMPLETED.
For and in consideration of USA Track & Field, Inc. (“USA Track & Field”) allowing me, the undersigned, to participate in the USA Track & Field sanctioned event described above (the “Event” or “Events”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”); 1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well being at all times and under all circumstances while at the Event site. 2. I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event and sport of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; 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; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event. 3. I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competitive Rules adopted by USA Track & Field and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment. 4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: USA Track & Field, Inc., its members, member clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the Event Directors, Organizers and Promoters, Sponsors, Advertisers, Coaches and Officials; the Host Organization and the Facility, Venue and Property Owners or Operators upon which the Event takes place; Law Enforcement Agencies and other Public Entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and Collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. 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 signing 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 signed this Agreement without any inducement, assurance or guarantee, and intend for my signature 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. If any provision of this Agreement is held 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.