In consideration of the acceptance by SacFit of my application for entry into the SacFit 2019 American River Parkway Half Marathon on April 27, 2019 (2019 Race), and other good and valuable consideration relating to the 2019 Race, the sufficiency of which I hereby acknowledge, I, the undersigned, hereby understand and agree to each and all of the following paragraphs 1-6.
1. The 2019 Race is a physically and mentally challenging outdoor exercise and event program set up for those people seeking endurance running and walking events.
2. Many persons will be associated with SacFit in putting on the 2019 Race including SacFit and its board members, and Capital Road Race Management, Directors, Rich Hanna and Ken Press, and their employees, independent contractors, agents, head coach, color coaches, assistant coaches, member services coordinators representatives, volunteers, sponsors, successors and assigns (collectively "The SacFit Parties").
3. There are multiple risks to all who participate in the 2019 Race, including but not limited to one or more of the following bodily injury risks, emotional distress risks, property damage risks, and economic loss risks:
a. bodily injury from running, stretching, cross-training, and other running-related events and practices;
b. bodily injury from collisions or related accidents with those who are using the parking lots, trails, tracks, or roadways during the 2019 Race such as traffic, cars, motorcycles, bicycles, cyclists, rollerbladers, and/or other people including spectators, casual walkers, hikers, and runners;
c. bodily injury from food products or drinks or other nutritional products available as part of the 2019 Race, and related recommendations from The SacFit Parties;
d. bodily injury from weather, wildlife, and the detrimental effects of heat (including heat exhaustion), cold, dehydration, and pollution during or after participation in any aspect of the 2019 Race;
e. bodily injury and/or property damage while driving to and from events that are part of a feature of the 2019 Race;
f. emotional distress from bodily injury in (a), (b), (c) (d), and (e) above;
g. property damage losses resulting along or together from any bodily injury, and/or emotional distress;
h. economic losses resulting from any bodily injury, emotional distress, and/or property damage risks.
These risks may result in losses or damages of any type that are worsened by the fact that The SacFit Parties are not licensed or trained physicians, nurses, health care providers of any type, fitness experts, nutritional experts, physiologists, physical fitness trainers or fitness educators, or in law enforcement, or in emergency response or treatment of any type. These bodily injury, emotional distress, property damage, and economic loss risks, which may be worsened by The SacFit Parties are collectively referred to as 2019 Race Risks.
4. I ASSUME ALL OF THE 2019 RACE RISKS, AND EACH OF THEM, AND ALL LOSSES OR CLAIMS FOR LOSSES RESULTING THEREFROM, AT ALL TIMES DURING THE DURATION OF THE 2018 RACE, AND THEREAFTER.
5. I, FOR MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNEES HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE AND HOLD HARMLESS THE SACFIT PARTIES, OF AND FROM ALL CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, ACTIONS AND CAUSES OF ACTIONS, WHETHER IN LAW OR EQUITY, IN RESPECT OF DEATH, INJURY, LOSS OR DAMAGE TO MY PERSON OR PROPERTY, HOWSOEVER CAUSED, ARISING OUT OF, BY REASON OF, OR DURING MY ATTENDANCE AT OR PARTICIPATION IN THE 2018 RACE, OR ARISING OUT OF THE TRAINING PROGRAM RISKS, WHETHER AS AP SPECTATOR, PARTICIPANT OR OTHERWISE (ALL OF THE FOREGOING REFERRED TO HEREAFTER AS THE "CLAIMS"), WHETHER OR NOT THE CLAIMS RESULT FROM MY FOLLOWING ANY PROGRAM OF DIET, NUTRITION, AND/OR EXERCISE ON THE RECOMMENDATION OF ANY OF THE SACFIT PARTIES, WHETHER SUCH CLAIM ARISE OUT OF EVENTS PRIOR TO, DURING OR SUBSEQUENT TO SAID ATTENDANCE PARTICIPATION, EVEN IF SUCH CLAIMS WERE CAUSED BY, CONTRIBUTED TO, OR OCCASIONED BY THE ACTIONS, FAILURE TO ACT NEGLIGENCE, FAULT OR THE WILLFUL CONDUCT OF THE SACFIT PARTIES.
6. In addition, I understand that The SacFit Parties may take photographs, video, or collect other images of me alone or in groups in some aspect of the 2019 Race, and pre and post race activities of any type, including running, preparing to run, participating in any pre or post race activities, picking up the race packet (collectively "Related Activities"). I give my full and complete consent to The SacFit Parties to take and/or collect my photographs of me at The SacFit Race and Related Activities. In addition, I grant to The SacFit Parties the non-exclusive right in all territories and media formats to use and commercially said photographs on a royalty free and perpetual basis for any aspect of the 2019 Race, or later races or activities of The SacFit Parties. This use includes but is not limited to promotional, historical, and advertising purposes, announcements, catalogs, featured services and products. I understand that I will not be compensated in any way for said generation or use of any photographs of me at 2019 Race or Related Activities.