Waiver, Release of Liability, Assumption of Risk, Hold Harmless Agreement, and Photo Release
Folsom’s Glow Run (“the Event”) is sponsored by the City of Folsom; California State Parks, STYLE Magazine, Athlinks Services/ChronoTrack, Martell/O’Neal Keller Williams Real Estate, and Stage CMDR, Inc, (“Sponsors”).
I understand that my participation in the Event involves inherent risks, including the potential for death, serious injury, or property damage. The risks include, but are not limited to, those caused by terrain; exposure to natural elements such as wildlife, plants, allergens, temperature, or weather conditions; actions of others including, but not limited to participants, volunteers, spectators, Event officials or Sponsors; lack of hydration; and other hazards, known or unknown. I affirm that I am/my child is in good health, physically able to perform activities associated with the Event, and have not been advised against participating by a qualified medical professional. I agree to stay on the marked Event course at all times. I am voluntarily participating in the Event and I agree to assume all risks associated with participating in the Event.
In consideration for my ability to participate in the Event, on behalf of myself, my child, my executors, administrators, heirs, next of kin, successors, assigns, and representatives, I agree to: (A) Protect, defend, indemnify, and hold harmless the City of Folsom, its officers, agents, employees, volunteers, and all other Sponsors, from and against any and all claims or causes of action for death, personal injury, or property damage arising out of, resulting from, or in any way related to my or my child’s participation in the Event; (B) Waive, release from all liability, and forever discharge the entities and individuals mentioned above from any and all claims and demands of any kind, nature, and description whatsoever, and any and all liabilities, damages, injuries, actions or causes of action, either at law or in equity, which I have, my child has, or either of us may have in the future arising out of or in any way related to or connected with participation in the Event. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them or because of their possible liability without fault. I acknowledge and agree that this release applies to all claims for death, injury, damage, or loss to my or my child’s person and property, whether known or unknown, foreseen or unforeseen, patent or latent, and I hereby waive application of California Civil Code Section 1542 on behalf of myself and my child. I understand and acknowledge that the significance and consequence of this waiver is that even if my child and/or I should eventually suffer damages arising out of participation in the Event, neither my child nor I will be able to make any claim for those damages. I acknowledge that I intend these consequences even as to claims for damages that may exist as of the date of this release but which I do not know exist, and which, if known, would materially affect my decision to execute this release. I certify that I have read the following provisions of California Civil Code Section 1542: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
I hereby consent to receive medical treatment for myself or my child, which may be deemed advisable in the event of injury, accident and/or illness during the Event. I understand that photographs may be taken during the course of the Event or related activities and I voluntarily consent that pictures, videos, or film likenesses of me or my child may be taken and used for any legitimate purpose by the City of Folsom or other Sponsors.
I understand and agree that this document shall be construed broadly to provide a waiver, release of liability, assumption of risk, and hold harmless agreement to the maximum extent permitted by law. I understand that by signing this document I am freeing the City of Folsom, its officers, agents, employees, volunteers and all other Sponsors from any liability resulting from my or my child’s participation in the Event. I understand that if I am or my child is injured, this document will be used against me and anyone else claiming injury or damage in any legal action because of my or my child’s injury.