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Event Waiver

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PARTICIPANT ACCIDENT WAIVER AND RELEASE OF LIABILITY Release of Claims. In consideration of your acceptance of my entry in The San Francisco Marathon® events, of my own free will, I, for myself, my heirs, next of kin, executors, administrators, successors, assigns and personal representatives, hereby (A) forever waive, release and give up all claims, demands, liability, damages, costs, expenses of any kind whatsoever and I agree not to sue any San Francisco Marathon events partner including, but not limited to, The San Francisco Marathon, Inc., Jumping Fences, Let’s Sweat, Committed 2 Community, UCSF Medical, any sponsor, ambassador, organizer, volunteer, volunteer organization, co-participant, contractor, subcontractor or administrator of The San Francisco Marathon events, the National Park Service, GGNRA, San Francisco Recreations and Park Department, San Francisco Department of Justice, U.S. Government Dept. of Army, U.S. Army Presidio, the Presidio Trust, City and County of San Francisco, Golden Gate Bridge Highway and Transportation District, Cal Trans, Port of San Francisco, State of California, Race Safe, UCSF, and any benefiting charity, California Highway Patrol or Dept. of Transportation or any officer, director, employee, representative, agent, contractor or subcontractor or of any of the foregoing with respect to any claim that may arise in connection with The San Francisco Marathon events or any related activity or my participation therein, including any and all claims of death, disability, personal injury, property damage, property theft and (B) Indemnify and Hold Harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entities as a result of any of my actions during The San Francisco Marathon events. I acknowledge that this athletic event is an extreme test of a person's physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, and lack of or over hydration. These risks are not only inherent to athletics, but are also present for volunteers. I hereby assume all of the risks of participating &/or volunteering in this event. I certify that I am physically fit, have sufficiently trained for participation in The San Francisco Marathon events and have not been advised otherwise by a qualified medical person. I understand that The San Francisco Marathon events are dangerous activities, that no warranty is made concerning their safety or that of the locales where they are run and that traffic control terminates based on a 6-hour runner full marathon -- 3 hours for 1st Half, 3.5 hours for 2nd Half, 1 hour for 5K -- finishing time. I hereby assume all risk in connection with my participation in The San Francisco Marathon events and related activities, including traveling to or from the event, 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 understand that the date, time and location (including the course route) of The San Francisco Marathon events are subject to change without notice. A change to the race course may include not running across the Golden Gate Bridge, or only running on the sidewalks of the Bridge as opposed to the road. I further understand that there is no registration fees refund and fees are non-transferable to another person or year. I further understand that the fee is nonrefundable if the event is cancelled due to the threat of or acts of God, viruses, war, terrorism, wild fires, disaster, earthquake, government regulation/permitting and/or for economic/financial reasons. I understand that there will be a charge to switch to another San Francisco Marathon event or wave start plus any additional fees of the new event. If I downgrade in fees, there will be no refund of the difference and there will be an event change fee which will still apply. 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. If I am a minor then the undersigned parent/guardian gives permission to a designated MD, RN, EMT, Paramedic, or emergency service providers to provide me with medical attention in the case of an injury or medical problem during my participation in The San Francisco Marathon and all other related events. The parent/ guardian signing below also agrees to all other Waiver terms herein. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident and or illness during The San Francisco Marathon events. I understand that at The San Francisco Marathon events or related activities, I may be photographed and filmed. I agree to allow my name, photo, video or film likeness to be used for any legitimate purpose by The San Francisco Marathon and its affiliates, producers, partners, sponsors, organizers and or assigns. This Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I agree to abide by all of The San Francisco Marathon Rules, as outlined at www.thesfmarathon.com. If I do not abide by these rules, then I understand I could be penalized. Further, as part of the registration process, I understand that I am providing The San Francisco Marathon, Jumping Fences Inc. and their affiliates my name, email address and potentially other personal information about myself. With regard to the Climate Change Initiatives program, should I have selected to register as a Run for Free registrant, I understand and accept the rules and details as outlined on https://www.thesfmarathon.com/2020-climate-change/ and agree to raise the Minimum Funds Required ($242, for Half distance, #358 Full distance, $138 for 5k distance & $669 for Ultra distance) in order to secure a Free Event Registration within the timelines stated. I understand and agree that my personal information may be shared with third party vendors that assist with the event. I hereby certify that I have read this document; and, I understand its contents. In consideration of being permitted to participate at the RUN365TM Club & Training Program and/or any pre or post-RUN365 Training Program activities or events (individually and collectively referred to as the “Event”), I, of my own free will, for myself, my heirs, next of kin, executors, administrators, successors, assigns and personal representatives, hereby agree as follows: 1. I FOREVER WAIVE, RELEASE AND DISCHARGE the RUN365 Training Program, The San Francisco Marathon®, The Berkeley Half Marathon® and any Event partner including, but not limited to, RUN365, Jumping Fences Inc., Let’s Sweat Inc., Committed 2 Community Inc., and all sponsors, ambassadors, organizers, volunteers, volunteer organizations, benefiting charities, co-participants, contractors, subcontractors or administrators of the Event and any officer, director, employee, representative, agent, contractor or subcontractor or of any of the foregoing (individually and collectively referred to as the “Indemnified Parties”) of and from any and all claims, rights, causes of action, demands, liabilities, damages, costs, losses and expenses (including reasonable attorney fees and court costs) (collectively “Claims”) of any kind whatsoever for death, personal injury, property damage or loss that may arise directly or indirectly as a result of my participation and/or assistance in the Event 2. I HEREBY COVENANT AND AGREE NOT TO SUE any of the Indemnified Parties for any of the Claims that I have waived, released or discharged herein. I FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Indemnified Parties from and against all Claims that may arise directly or indirectly as a result of my participation and/or assistance in the Event, regardless of when such Claims may arise. 3. I volunteer to participate in the activities related to the Event. I understand that the Event is an extreme test of a person’s physical and mental limits and carries with it the potential for serious injury, property loss, and death and that no warranty is made concerning its safety or that of the locales where it is run. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, other participants, volunteers, spectators, coaches, Event officials, Event monitors, and/or producers of the Event, and lack of hydration. These risks are not only inherent to athletes, but are also present for volunteers. I EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT THERE ARE NO ROAD CLOSURES OR TRAFFIC CONTROL DURING THE EVENT. I agree to follow all posted traffic signs, and any and all applicable traffic laws, including, but not limited to, the California Vehicle Code. I certify that I am physically fit, have sufficiently prepared for participation in and/or assistance with the Event and have not been advised otherwise by a qualified medical person. 4. I hereby expressly assume all known and unknown risks associated with my participation in and/or assistance with the Event, including traveling to and from the Event, even if caused in whole or in party by the negligence of the Indemnified Parties that I am hereby releasing, I HEREBY WAIVE AND RELEASE MY LEGAL RIGHTS TO SUE FOR ANY INJURY OR OTHER DAMAGE ARISING OUT OF OR RESULTING FROM MY PARTICIPATION IN AND/OR ASSISTANCE WITH THE EVENT. 5. I hereby consent to receive any and all medical treatment that may be deemed advisable in the event of injury, accident and or illness during the Event. 6. I understand that while at the Event I may be photographed and/or filmed. I agree to allow my name, photo, video or film likeness to be stored, used, reproduced and/or resold for any legitimate purpose by RUN365TM, Jumping Fences Inc., The San Francisco Marathon®, The Berkeley Half Marathon®, and their affiliates, producers, partners, sponsors, organizers and assigns without compensation or further notice. I further agree to assign all copyright or other interests therein to Jumping Fences, Inc. 7. If I am the parent or legal guardian signing on behalf of a minor, I hereby acknowledge that I have the legal capacity or authority to act on behalf of the minor. I hereby give permission to any designated MD, RN, EMT, Paramedic, or emergency service providers to provide the minor with medical attention in the case of an injury or medical problem arising during the Event. I agree to INDEMNIFY AND HOLD HARMLESS the Indemnified Parties from and against any expenses incurred or Claims made as a result of any insufficiency or legal capacity or authority to act on behalf of the minor. 8. This Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I hereby certify that I have read this document and I understand its contents.


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