WAIVER OF LIABILITY AND ASSUMPTION OF RISK or and in consideration of Five Point Events, its affiliates,members, member clubs, associations, sport disciplines and divisions allowing me, the undersigned, to participate in the event I am registering for herein (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 contractualrepresentations pursuant to this Waiverand 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(or that this document is also agreed to by my parent or legal guardian);and (ii) I am in good health and in proper physical condition to 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 & fieldand related activities, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis andloss 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 andsurface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers (as defined below); 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 all the rules and regulations established for the Event, including but not limited to any any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actionswhile 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 City of Murietta, Gemini Timing, LLC. Five Point Events, The Avocado Half Marathon, and, if applicable, the following parties: ; the eventdirectors, organizers andpromoters, sponsors, advertisers, coaches and officials; the local organizingcommitteeand 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 wayto 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 anysuch Liabilities which any may be incurred as the result of such claim.5. I hereby warrant that I (or my parent, natural guardian,or legal guardian, if I am under the age of 18) 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 accepting 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 accepted this Agreement without any inducement, assurance or guarantee, and intend for my acceptance 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.6. As a condition of my participation in the Event, I hereby grant Five Point Events, LLC., Gemini Timing, LLC, The City of Murietta, The Avocado Half Marathon. a limited license to use my name, likeness, image,photograph,voice, video, athletic performance, biographical andother information (collectively, "Likeness"), in anymedia platform orformat whatsoever, and todistribute, broadcast and exhibit these without charge, restriction or liability, but only for the purposes ofadvertising or promoting Event, the sport of Athletics. The foregoing grant, however, does notconstitute consent for any third party to use my Likeness in an endorsement of any product orservice without my specific written consent.7. I certify that the birth date and age information provided in my member profile and confirmed at the beginning of the entry process is true and accurate.8. If the participant is under the age of 18, the parent, natural guardian, or legal guardian (the “Guardian”) hereby agrees to release and discharge The City of Murietta, Gemini Timing, LLC., Five Point Events, The Avocado Half Marathon, as follows:a. The Guardian acknowledges and understands that the Event is inherently dangerous and represents an extreme test of a person’s physical and mental limits. Further, the Guardian acknowledges and understands the Risks, as defined above.b.The Guardian acknowledges the rights waived by both the Guardian and the participant by accepting this Agreement.c. The Guardian acknowledges that the Guardian will indemnify the Released Parties from any and all Liability which may arise out of, result from, or relate in any way to the participant’s participation in the Event, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties.