HALF MOON BAY INTERNATIONAL MARATHON - WAIVER ON ACTIVE.COM
ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY ("AWRL")
PLEASE READ CAREFULLY BEFORE AGREEING TO AWRL:
I acknowledge that any running 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. I HEREBY ASSUME THE RISKS OF PARTICIPATING IN THE HALF MOON BAY INTERNATIONAL MARATHON, HALF MARATHON, 10K OR 5K, EVENTS WHICH ARE MANAGED BY THE PURE RUN LLC (hereafter "HMBIM EVENTS"). I certify that I am physically fit, have sufficiently trained for participation in the HMBIM EVENTS and have not been advised against participation by a qualified health professional. I acknowledge that my statements on this AWRL are being accepted by HMBIM EVENTS and are being relied upon by the HMBIM EVENTS and the various race sponsors, organizers and administrators in permitting me to participate in the HMBIM EVENTS. I understand that there are no transfers, refunds or rollovers of my entry. I also understand that in the event the race is cancelled due to adverse weather, natural disaster or for any other reason there will be no refund, transfer or rollover of my entry fee.
In consideration for allowing me to participate in the HMBIM EVENTS, I hereby take the following action for myself, my executors, administrators, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf, and I expressly acknowledge that is my intent to take these actions: (a) I AGREE that prior to participating in an event I will inspect the race course, facilities, equipment, and areas to be used and if I believe any are unsafe I will immediately advise the person supervising the event; (b) I WAIVE, RELEASE, AND FOREVER DISCHARGE from any and all claims, losses (economic and non-economic), or liabilities, for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, or damages of any kind, which may in the future arise out of, result from, or relate to my participation in or my traveling to or from the HMBIM EVENTS, THE FOLLOWING PERSONS OR ENTITIES: COASTSIDE RUNNING EVENTS, INC., THE PURE RUN LLC, HALF MOON BAY INTERNATIONAL MARATHON, EVENT SPONSORS, RACE DIRECTORS, EVENT PRODUCERS, VOLUNTEERS, ALL STATES, CITIES, COUNTIES OR OTHER GOVERNMENTAL BODIES OR LOCATIONS IN WHICH THE HMBIM EVENTS OR SEGMENTS OF THE HMBIM EVENTS ARE HELD, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE ABOVE, EVEN IF SUCH CLAIMS, LOSSES, OR LIABILITIES ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF THE PERSONS I AM HEREBY RELEASE OR ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY; (c) I ACKNOWLEDGE that there may be traffic or persons on the course route, and I ASSUME THE RISK OF PARTICIPATING IN THE HMBIM EVENTS under these circumstances. I also ASSUME ANY AND ALL OTHER RISKS associated with participating in the HMBIM EVENTS, including but not limited to falls, contact with other participants, the effects of weather including heat, cold, and/or humidity, defective equipment, the condition of the roads, water hazards, and any hazard that may be posed by spectators or volunteers, all such risks being known and appreciated by me; and I further acknowledge that these risks include risks that may be the result of the negligence of persons or entities mentioned above in subparagraph (b) or of other persons or entities. I FURTHER COVENANT AND AGREE NOT TO SUE any of the persons or entities mentioned above in subparagraph (b) for any of the claims, losses, or liabilities that I have waived, released, or discharged herein; and I INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned above in subparagraph (b) from any and all expenses incurred, claims made, or liabilities assessed against them, including but not limited to attorneys’ fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, (i) my actions or inactions; (ii) my breach or failure to abide by any part of this AWRL including but not limited to my covenant not to sue; or (iii) any other harm caused to me. I FURTHER GRANT PERMISSION for the use of my name and/or likeness relating to my participation in the HMBIM EVENTS, and I WAIVE all rights to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness. I acknowledge that I am aware that the 2016 HALF MOON BAY International Marathon will officially end 6 hours after the Marathon start, at approximately 1:00 PM. I understand that there will be no support of any kind on the course (aid stations, medical, communication, etc.) after that time. I agree that if I have not reached mile 22 by the 5 hour mark I will not be allowed to proceed past that point and will accept transportation back to the Finish area.
I HERE AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, I HAVE READ THIS DOCUMENT, AND I UNDERSTAND AND AGREE TO ABIDE BY ITS CONTENTS.
I have read and understood the terms and conditions of this Agreement, sign this Agreement freely and of my own accord, realizing that it is binding upon me, my heirs, successors, assigns, personal representatives and next of kin.
ACTIVE REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and Waiver")
1. Authority to Register and/or to Act as Agent. You represent and warrant to The Active Network, Inc. ("Active") that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the "Registered Parties"), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, Active refers to The Active Network, Inc. and any and all subsidiaries, affiliated entities, or entities that control or are controlled by Active singly or together and its officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are 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, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child's information which you provide for the purposes of registration.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE ACTIVE FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties.
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4. Indemnification. You agree to indemnify and hold each of Active harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising from or relating to your use of Active or the violation of any term of this Agreement and Waiver as well as the Terms of Service located at: http://www.activenetwork.com/terms-of-use.htm by you.
6. Severability. You further expressly agree that this Agreement and Waiver 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 and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.