LEGAL NOTICE TO ALL PARTICIPANTS AND SPECTATORS PLEASE READ CAREFULLY

WARNING: READ THIS NOTICE CAREFULLY. THIS NOTICE INCLUDES A RELEASE OF LIABILITY, AN IMAGE RELEASE, A WAIVER OF LEGAL RIGHTS, A COVENANT NOT TO SUE AND A CONSENT TO MEDICAL TREATMENT. BY PARTICIPATING IN OR ATTENDING THIS EVENT, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS NOTICE. BE AWARE THAT BY PARTICIPATING IN OR ATTENDING THIS EVENT EITHER AS A PARTICIPANT OR A SPECTATOR, YOU WILL BE EXPRESSLY ASSUMING THE RISK AND LEGAL LIABILITY, AND WAIVING AND RELEASING ANY CLAIMS FOR INJURIES, DAMAGES, OR LOSS WHICH YOU MIGHT SUSTAIN AS A RESULT OF ANY ACTIVITIES CONNECTED WITH PARTICIPATION IN OR ATTENDANCE AT THE EVENT.

 

As a participant or spectator at this Event, organized and presented by Classic Running, LLC (the “Organizer”), I hereby acknowledge, accept, and agree that:

  1. Warning of Risks and Assumption of Risks. I understand that entering this Event is a hazardous activity and involves the risk of physical injury or death. I agree not to participate unless I am physical, mentally and medically able. I agree to not consume alcohol prior to this Event or ingest any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in this Event. I agree to abide by any decision of a race official relative to my ability to safely complete the race. I RECOGNIZE AND ACKNOWLEDGE THAT THERE ARE CERTAIN RISKS OF PHYSICAL INJURY TO PARTICIPANTS AND SPECTATORS OF THIS EVENT, AND I KNOWINGLY, FREELY AND VOLUNTARILY AGREE TO ASSUME THE FULL RISK OF ANY AND ALL INJURIES, including but not limited to falls, contact with other participants or spectators, negligent or wonton acts of other participants or spectators, completing all obstacles, defects or condition of premises, and the effects of the weather, regardless of severity, that I may sustain as a result of said participation. I further certify and represent that on the date of this Event I will possess and be covered by medical/health insurance, individually or as part of an organization. I agree that the Organizer and/or Releasees (defined below) are not responsible for any personal items or property that are lost or stolen in the gear check area.

 

  1. Legal Age and Consumption of Alcohol. IF I AM A PARTICIPANT, I HEREBY CERTIFY THAT I AM 21 YEARS OLD AND OF LEGAL DRINKING AGE. I understand that my participation in or attendance at this Event may include the consumption of alcohol. I acknowledge that the consumption of alcohol may impair my judgment and ability to effectively participate in this Event. I agree not to operate a motor vehicle during this state of impaired judgment.

 

  1. Participation and Safe Behavior. Participants and spectators are expected to exhibit appropriate behavior at all times, including obeying all civil and criminal laws at all times. This includes respect for all people, equipment, and facilities, and cooperative, positive participation. The Organizer may dismiss, without refund, anyone whose behavior endangers the safety or negatively endangers safety or negatively affects a race, a person, a facility, or property of any type or kind.  I understand that all entries are final with no refunds. The official race directors reserve the right in any event of emergency or local or national disaster to cancel the race and in the event of cancellation or change there is no refund of entry fees.

 

  1. Waiver & Release. I understand and acknowledge that neither the Organizer, the Releasees nor any of their affiliates are insurers of my conduct and safety. I know that this Event is a potentially hazardous activity and I hereby assume full and complete responsibility for any injury or accident which may occur during this Event. To the fullest extent permitted by law, I HEREBY RELEASE, WAIVE, HOLD HARMLESS AND COVENANT NOT TO FILE SUIT against this Event, the Organizer and any affiliated individuals or entities associated with this Event (including all trustees, directors, managers, officers, employees, volunteers, officials, sponsors, advertisers, vendors, organizers, insurers, agents, representatives, subsidiaries and/or assigns of the Organizer, as well as the Organizer’s independent contractors, and if applicable, owners and lessors of the premises used to conduct this Event, including Treasure Island Development Authority and City and County of San Francisco and their respective officers, directors, employers and agents) (collectively, the “Releasees”) from any and all losses, damages, liabilities or other claims and causes of action whatsoever that I may have arising out of my participation in or attendance at this Event, including personal injury, death or damage suffered by me, my personal property or others, whether the same be caused by falls, contact with other participants, conditions of the premises, negligence of the Releasees or otherwise. I agree that, in the event any person brings any claim or action individually or on my behalf, related to any injury or loss suffered by me as a result of my participation in or attendance at this Event, that I WILL INDEMNIFY THE RELEASEES AGAINST SUCH CLAIMS, INCLUDING THE PAYMENT OF ATTORNEY FEES.

 

  1. Medical Care. I authorize the Organizer and their authorized personnel, including, but not limited to, their officers, managers, employees, volunteers, officials and representatives, to call for medical care, treatment and/or procedures (collectively, “Care”), for me or to transport me to a medical facility or hospital, if in the opinion of such personnel, medical attention is needed. I agree that upon my transport to a facility or hospital that the Organizer and their personnel shall not have any further responsibility to me. I also consent to the Care given by an emergency caregiver or under the instructions and directions of a license physician. I KNOWINGLY AND VOLUNTARILY CONSENT IN ADVANCE TO SUCH CARE TO ENCOURAGE THE PHYSICIANS AND THE ORGANIZER TO EXERCISE THEIR BEST JUDGMENT IN UNDERTAKING SUCH CARE. This Notice extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.

 

  1. Image Release. I irrevocably grant unlimited permission to Organizer and its licensees to use, reproduce, sell and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of me or of my participating in or attendance at this Event or related activity for any legitimate purpose, including, but not limited to, any documentary, promotional (including advertisements), television, radio, film or internet coverage of this Event, in perpetuity without compensation and further notice and I understand that I shall not be entitled to any compensation therefore. I hereby assign all copyright or other interests therein to the Organizer.

 

  1. General Provisions. By participating in or attending this Event, I agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Event and this Notice. I agree that exclusive jurisdiction for any dispute with the Organizer and/or the Releasees resides in the state courts of San Francisco County, California or, for matters involving federal jurisdiction, in the United States District Court for the Northern District of California and I further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving the Organizer and/or the Releasees. If any provision of this Notice shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions. I agree that this Notice shall bind my guardian, assigns, heirs, administrators and executors forever.

I understand that the Organizer expressly reserves the right to refuse my participation in or attendance at this Event for any reason or no reason at all.


 

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