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Refunds & Cancellations: All registration fees are non-refundable. This policy applies to all registrants whether you are injured, have an unexpected family/business emergency, have a medical emergency, etc. If the course has to be altered or cancelled due to an act of nature, or the event time changed due to circumstances beyond our control, there are no refunds.
2019 Represent Running Series Participant Waiver
CONSENT, WAIVER AND RELEASE FROM LIABILITY
I acknowledge that attempting, actively participating in, spectating, observing, appearing in, competing in, working for, volunteering and/or otherwise participating in a “Represent Running” events including the San Jose 408k, the Across the Bay 12k/415k, the East Bay 510k, the Silicon Valley Half Marathon events, and the San Jose St. Paddy's Day Run at various locations throughout San Francisco Bay Area (with all ancillary and related activities, the “Events”), 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 participate, volunteer, and/or attend in any way in the Events, the UNDERSIGNED, 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 Events in any manner whatsoever involves significant risk to the Event’s participants (runners, walkers, volunteers, and spectators), 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 Events 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 Events 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 Events; I have not been advised otherwise by my medical practitioner after a reasonably recent pre-Events 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 Events, I or my Guardian will inspect the Events facilities, site, and equipment and if any aspect of the Events appears unsafe, I or my Guardian will immediately advise Events officials of any such unsafe condition, will immediately leave the Events, 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 Represent Running, Soul Focus, LLC, SV Half, LLC. Federal Realty, Inc, City of San Jose, Silverback Pacific, LLC, Golden Gate Bridge, Highway and Transportation District, the County of Santa Clara, the City and County of San Francisco, the National Park Service, East Bay Regional Parks District, the City of Emeryville, the City of Berkeley, Cal Trans, Golden Gate National Recreation Area, the Presidio Trust and USATF its officers, agents and employees; and any other promoters, participants, participating charity partners, producers, sanctioning organizations or any subdivision thereof, rescue personnel, sponsors, advertisers, owners and lessees of premises used to conduct the Events, premises and Events 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 Events 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 Events, including without limitation condition of the Events 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 Events 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 Events, 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 Events 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 Soul Focus, 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 Events without compensation to me or my Guardian. I and my Guardian further agree and irrevocably consent that Soul Focus, LLC 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 Represent Running and Soul Focus, 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 Events, and any entertainment programming related thereto, in whole or in part, in all media, including, but not limited to social media, print, internet, television or other optical, digital, electronic, and the worldwide web on-line 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 Represent Running and Soul Focus, 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.
In consideration of my entry, and of my own free will, I for myself, my heirs, executors and administrators, forever waive, release and give up any and all claims, demands, liability, damages, costs and expenses of any kind whatsoever (including personal injuries to me or my wrongful death) against the Golden Gate Bridge, Highway and Transportation District, its Officers, Directors, employees, representatives, agents, contractors and subcontractors which may arise from my participation in the events on Sunday, February 3, 2019, or while traveling to or from the events, even if caused in whole or in part by the negligence or other fault of the parties or persons I am hereby releasing, by the dangerous or defective condition of any property or equipment owned, maintained or controlled by them and/or because of their liability without fault. I FULLY UNDERSTAND I AM FOREVER GIVING UP, IN ADVANCE, ANY RIGHT TO SUE OR MAKE ANY CLAIM AGAINST THE PARTIES I AM RELEASING IF I SUFFER SUCH INJURIES AND DAMAGES, EVEN THOUGH I DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND DAMAGES MIGHT BE, AND AM VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES AND DAMAGES.
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 SUCHDOCUMENT(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.