By indicating your acceptance, you
understand, agree, warrant and covenant as follows:
I wish to participate in the Surf
City 10 scheduled to take place on October 16, 2016 (the “Event”) and I agree
to abide by all rules, regulations and instructions of the Event, as well as
all applicable municipal and state laws and regulations.
I understand that participating in
the Event, which includes the use of public streets and facilities, is a
potentially hazardous activity, can result in serious personal injury or death
and that I should not enter and participate unless I am medically able and
properly trained. I am aware of and expressly assume full and complete
responsibility for all risks associated with participating in this Event,
including, without limitation, falls, contact with other participants, the
effects of weather, traffic, and the conditions of the streets and routes used
by the Event, and I assert that my participation in this Event is voluntary.
In consideration for being permitted
to participate in the Event, I, for myself and for anyone entitled to act on my
behalf, hereby waive and release, from any and all claims for injuries and
damages I may have arising out of the Event or my participation in the Event,
the Surf City 10, City of Huntington Beach, the State of California, Pacific
Shoreline Marathon, LLC, Causeforce, LLC, Raceforce, LLC, Omniforce, LLC, USA
Track and Field, Inc.and all municipal agencies, all sponsors, promoters, officials,
participating clubs, communities, organizations, friends of the Event,
participants, volunteers, vendors, government and public entities (including,
without limitation, the various departments of transportation), and each of
their respective parents, subsidiaries, affiliates, successors, predecessors,
officers, directors, employees, volunteers, agents, and representatives,
including, without limitation, any medical team which provides services during
or after the Event (the “Releasees”).
I intend by this Waiver and Release,
in advance, to waive my rights, to covenant not to sue to release for future
claims, and to discharge all of the Releasees, from any and all loss or damage,
including, but not limited to claims for damages for death, personal injury or
property loss, theft or damage that I may have, or which may hereafter accrue
to me, as a result of my participation in all or any portion of the Event, even
though that liability may arise from negligence (whether simple or gross),
carelessness, or recklessness on the part of any of the Releasees, from
dangerous or defective streets, facilities, property or equipment owned,
maintained, or controlled by them or because of their possible liability
without fault. I further agree to indemnify the Releasees from any and all
damages, costs, claims or demands (including reasonable attorney’s fees and
costs) made by any third party caused in whole or in part by my actions.
I understand and agree that this
Waiver and Release is binding on my heirs, assigns, and legal representatives.
I attest that I am physically
capable of, and have sufficiently trained for, completing the Event. If I am
aware of or under treatment for any physical infirmity, disorder, ailment, or
illness, my medical care provider has been apprised of, and has approved of, my
participation in the Event. I acknowledge that I, and I alone, am solely
responsible for my personal health and safety, and the personal property I
bring with me.
I consent to receive medical treatment,
which may be advisable in the event of illness or injuries suffered by me
during the Event, and I agree to pay for the costs of any such medical
treatment.
I agree that my participation in the
Event is subject to the sole discretion of the organizers of the Event, and that
my participation may be limited or terminated, with or without cause.
I understand that the Event may be
delayed, postponed or canceled due to a cause or event that is not reasonably
foreseeable or otherwise caused by or under the control of the Surf City 10,
including without limitation, acts of God, fires, floods, explosions, riots,
wars, sabotage, terrorism, vandalism, accidents, governmental acts,
injunctions, strikes and other like events that are beyond the reasonable
anticipation and control of the organizers. I understand that my registration
fee is non-refundable and non-transferable.
I give permission to the Surf City
10, RaceForce, LLC, and each of their respective parents, predecessors,
successors, affiliates, subsidiaries and agents, for the free use of my name,
photograph, voice, or likeness, in any broadcast, telecast, advertising
promotion, or other account of the Event or marketing or promotion for future
or similar events, and waive any rights of privacy I may have in that regard. I
further understand and consent that I will periodically be receiving
communications related to my participation in the Event.
THIS WAIVER AND RELEASE SHALL BE
INTERPRETED AND THE RIGHTS OF THE PARTIES DETERMINED UNDER THE LAWS OF THE
STATE OF CALIFORNIA. THE LOS ANGELES SUPERIOR COURT SHALL HAVE EXCLUSIVE
JURISDICTION FOR ANY DISPUTE ARISING UNDER, OR PERTAINING TO, THIS WAIVER AND
RELEASE.
I expressly agree that this Waiver
and Release is intended to be as broad and inclusive as is permitted by the
laws of the State of California and that if any provision of this Waiver and
Release shall be found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this Waiver and Release and
shall not affect the validity and enforceability of any remaining provisions.
I have carefully read this Waiver
and Release and fully understand its contents. I am aware that this is a
release of liability and a binding contract between myself and the Releasees,
and I sign it of my own free will. I understand that I am giving up substantial
rights, including my right to sue. I acknowledge that I am signing this Waiver
and Release freely and voluntarily, and intend by my signature to be a complete
and unconditional release of all liability to the greatest extent allowed by
law.
If I am under the age of 18, I
understand I MUST have a parent or guardian approve and sign this Waiver and
Release on my behalf.
COMPLETE SECTION BELOW ONLY IF YOU
ARE A PARENT OR GUARDIAN OF A PARTICIPANT UNDER THE AGE OF 18
I represent and warrant that I am
the parent or guardian of the above named participant (“Minor”). I give my approval for the Minor’s
participation in the Event. I assume all risks and hazards incidental to the
Minor’s participation in the Event and I release, absolve, indemnify and agree
to hold harmless the Released Parties for any claim arising out of an injury to
the Minor and from any Claims, arising out of or connected with the Minor’s
participation in the Event. I consent to the foregoing and grant permission for
the Minor to participate in the Event. I acknowledge I have carefully read,
accepted and agreed to the terms of this Waiver and Release, Assumption of Risk
and Consent to Medical Treatment, know and understand its terms.