By signing this waiver, I am confirming that I have read the waiver and voluntarily agree to all terms within.
Carlsbad 5000 WAIVER, RELEASE, AND INDEMNITY AGREEMENT:
In consideration for entry to the 2019 Carlsbad 5000, including Junior Carlsbad (hereinafter “the Event”) and other good and valuable consideration, the sufficiency of which is hereby acknowledged, I, hereby agree as follows: I acknowledge and agree that Groundwork Endurance and its affiliated companies; USA Track & Field, Inc., its members, clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the event directors, the host organization and the facility, venue and property owners or operators upon which the Event takes place; the city(ies), the City of Carlsbad and its elected officials, officers, employees, agents and volunteers, (collectively referred to as the “Carlsbad 5000 Parties”) do not ensure and/or assume my safety during my participation in and attendance at the Event. I acknowledge and agree that my participation in and attendance at the Event is voluntary and exposes me to risks including, but not limited to, personal injury, property damage, and potentially death arising from or relating to, among other things, running, traffic, other Event participants, weather conditions, and pollution. I, for myself, and my heirs, executors, administrators, successors, assignees, parents, and/or spouse (collectively referred to as “I” and/or “my”) hereby expressly acknowledge the risks involved in my participation in and attendance at the Event. I hereby expressly assume the risk for my participation in and attendance at the Event, and I voluntarily and expressly release, forever discharge, waive, and relinquish any and all rights, demands, causes of action, liabilities, damages, actions, lawsuits, and claims of any kind whatsoever against the Carlsbad 5000 Parties, whether in law or equity, which arise from my death, injury to my person, and/or loss or damage to my property, howsoever caused, and which arise out of my participation in and attendance at the Event, whether as a spectator, participant, or otherwise (collectively referred to as “Claims”), and whether such Claims arise out of events prior to, during, or subsequent to my attendance and participation in the Event, even if any such Claims were caused by, contributed to, or occasioned by the negligence, fault or other conduct of the Carlsbad 5000 Parties. I further hereby agree to the fullest extent permitted by law, to indemnify, defend, protect, and hold harmless each of the Carlsbad 5000 Parties from and against any and all claims, demands, causes of action, liabilities, losses, damages, costs, expenses, including reasonable attorneys’ fees, awards, court costs, penalties, fines and/or judgments resulting from or arising out of any act or omission by me while participating in or attending the Event (collectively referred to as “Carlsbad 5000 and Third Party Claims”), even if any Carlsbad 5000 and Third Party Claims were comparatively caused by, contributed to, or occasioned by the negligence, fault or other conduct of the Carlsbad 5000 Parties, except that the undersigned shall not be obligated to indemnify, defend, and hold harmless the Carlsbad 5000 Parties to the extent, and only to the extent, that the Carlsbad 5000 and Third Party Claims resulted from the sole negligence or willful misconduct of the Carlsbad 5000 Parties. I further hereby grant the Carlsbad 5000 Parties full and absolute authorization to authorize emergency treatment on my behalf if they deem it necessary. I further hereby grant the Carlsbad 5000 Parties full and absolute authorization to use, at the Carlsbad 5000 Parties’ sole discretion, my name, city and state of residence, age, gender, voice, likeness, and image in any broadcast, telecast, advertising, promotion, entry confirmation list, race results or other account of the Event for any purpose whatsoever including, but not limited to, any commercial purpose. I understand that the Event will take place regardless of the weather conditions. I also understand that the entry fee is non-refundable; my bib number is non-transferable, and that if lost, my bib number is irreplaceable. I further understand that the fee is nonrefundable if the Event is delayed, relocated, rescheduled or canceled for any reason, including but not limited to war, public disaster, flood, unavoidable casualty, acts of God or the elements, or any other cause beyond the control of the Carlsbad 5000 Parties. I understand that cheating is grounds for immediate disqualification. If I am under 18, this release and waiver is being signed by my parent or legal guardian who is also agreeing to directly supervise me in conjunction with the Event during my participation.
By signing this waiver, I am confirming that I have read the waiver and voluntarily agree to all terms within.
