San Diego 4th of July 5K - General Release, Waiver of Liability and Participation

San Diego 4th of July 5k- General Release, Waiver of Liability and Participation Agreement

 

GENERAL RELEASE, WAIVER OF LIABILITY AND PARTICIPATION AGREEMENT ALL PARTICIPANTS IN THE SAN DIEGO 4TH OF JULY 5K CONDUCTED BY ACTIVE KIDS ALLIANCE ARE REQUIRED, AS A CONDITION OF PARTICIPATION IN SUCH EVENT , TO ASSUME ALL RISKS OF PARTICIPATION BY SIGNING BELOW. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS TO RECOVERY SHOULD YOU BE INJURED IN THE EVENT .

 

PLEASE READ IT CAREFULLY

 

The undersigned participant ("'Participant") on behalf of himself/herself and on behalf of Participant's personal representatives, assigns, heirs, executors, and successors hereby fully and forever releases, waives, and discharges ACTIVE KIDS ALLIANCE , 4S Ranch Master Association, the city(ies), county and state hosting the Event, all municipal agencies whose property and/or personnel are used or in any way assist the Event, all sponsoring or co- sponsoring companies or individuals related to the Event, and all charities associated with the Event, together with their officers, directors, shareholders, successors and assigns, (collectively, "Releases") from all liability to the Participant and his/her personal representatives, assigns, heirs, executors, and successors for loss(es), damage(s) and claims therefor on account of injury to Participant or his/her property or the resultant death of Participant, whether caused by the active or passive negligence of the Releases or otherwise, in connection with Participants' participation in the Event ("Losses"), and further covenants not to sue any of the aforementioned parties for such Losses. Participant is fully aware of the risks and hazards inherent in participating in the Event and elects to voluntarily participate. Participant hereby assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained by him/her while participating in the Event. Participant represents and warrants to the Releases that he/she is in good physical condition and can safely participate in the Event. Participant agrees to the use, publication and distribution of his/her name and photograph in broadcasts, newspapers, brochures and other media (including for advertising or sales promotional purposes) without compensation, and hereby waives and releases any claim or right Participant may otherwise have arising out of such use, publication or distribution. Participant acknowledges that the entry fee paid is non-refundable. Participant acknowledges and agrees that Active Kids Alliance in its sole discretion, may delay or cancel the Event as it deems necessary, including if it believes the conditions on the day of the Event are unsafe. If the Event is delayed or cancelled for any reason, whether or not within the control of Active Kids Alliance , there shall be no refund of the entry fee or any other costs of Participant in connection with the Event. The Participant hereby grants any medical director(s) of the Event, and their agents, affiliates and designees, access to all medical records (and physicians) as needed and authorizes medical treatment as needed. Participant understands that he/she has the right to refuse medical care and advice of the Event medical director(s) and their representatives. Participant's medical condition becomes such that the Participant's mental capacity is questioned, the Event medical director(s) have the right to recommend and initiate treatment of Participant. It is understood and agreed that Participant hereby assumes liability for any and all medical expenses incurred as a result of training for or participation in the Event, including but not limited to ambulance transport, hospital stays, physician and pharmaceutical goods and services. Participant warrants that all statements made herein are true and correct and understands that Releases have relied on them in allowing Participant to participate in the Event. All Fees are nonrefundable - need to confirm that you read this: Entry fees are NON-REFUNDABLE. Sorry, no exceptions. Once we receive and accept your entry, you will not receive a refund if you cannot participate. You may not give or sell your number to anyone else. PARTICIPANT HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY SIGNS THIS GENERAL RELEASE, WAIVER OF LIABILITY AND PARTICIPATION AGREEMENT . I HEREBY AGREE TO INDEMNIFY that the Association and its management company (The Prescott Companies) and its partners, the County of San Diego, its employees and representatives will be held harmless from all claims, demands, actions, and causes of action by any other person, including my heirs, executors, insurers, successors and assignees in consequence of any injury, loss or damage suffered by me in connection with the Event. This Agreement binds my estate and will inure to the benefit of the estates of The Association and its management company (The Prescott Companies) and its partners, the County of San Diego, its employees and representatives.