MANHATTAN BEACH OLD HOMETOWN 10K - 2020
PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY
AGREEMENT for ADULTS (Age 18 or older) and MINORS (age 17 and under)
THIS WAIVER AND RELEASE OF LIABILITY, ASSUMPTIONS OF RISK AND INDEMNITY AGREEMENTS APPLIES TO THE MANHATTAN BEACH OLD HOMETOWN 10K RUN TO BE HELD BETWEEN OCTOBER 1 - 10, 2020, (the “Event”) THIS APPLIES TO THE 10K RUNNING RACE EVENT ITSELF AND TO ALL RELATED ACTIVITIES INCLUDING SHIRT PICKUP AND ANY PRE- OR POST-EVENTS.
For and in consideration of The Manhattan Beach 10k Committee allowing the undersigned to participate in the Event identified above as a runner, walker, and/or volunteer; 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 contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”). If I am an adult signing on behalf of a minor (the “Minor”) I make the same contract on behalf of that Minor and all of the same persons or entities related to or representing that Minor: I further represent, warrant and guarantee that I have full legal and moral authority to sign this Agreement on behalf of the Minor and to thereby relinquish substantial legal rights on behalf of the Minor.
1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Event, have trained for the Event and have not been advised by a health professional to not undertake this or similar RUNNING AND RACING events and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely 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. If I am signing this Agreement on behalf of a Minor I am making the same representations for and on behalf of that Minor.
2. I know that running in an event that is organized as a virtual activity where I run on my own, at a date and time of my choosing, in a location and running route of my choosing, which will not have any support or security measures in place by MANHATTAN BEACH OLD HOMETOWN 10K RUN is a potentially hazardous activity, which could result in injury or death. I acknowledge that I am participating in the activity outlined by this virtual event by my own free will and at my own personal risk. I will not participate in a virtual event unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform this event, and am in good health, and I am properly trained. I further agree to abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html. I attest that if my community has a shelter in place order, that I will only participate in the virtual event by using a personal treadmill, and I will not run outside in the community during the duration of a shelter in place order. I agree to follow all pedestrian safety ordinances including running on a sidewalk where available and not in the road. I agree to follow the rules of the road if no sidewalk or multi-use trail is available, and I will run against oncoming traffic and not with traffic.
I agree to abide by any decision of a race official relative to any aspect of my participation in this virtual event, including the right of any official to deny or suspend my participation for any reason whatsoever. I attest that I having read the rules of the virtual race scheduled for OCTOBER 1 – 10, 2020 including the terms in this waiver, the timeline of the virtual event, and agree to abide by them. I understand and assume the risks and dangers associated with participation in the Virtual Event, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; falls, exposure to extreme conditions and circumstances, contact with other participants or pedestrians, animals or other natural or manmade objects; dangers arising from adverse weather conditions, including high heat and/or humidity; the conditions track, road or trail; land, water and surface hazards; traffic; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers, when out running on my own without any type of support from local officials or event organizers (“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. If I am signing this Agreement on behalf of a Minor I am making the same representations and assuming the same risks for and on behalf of that Minor.
3. I agree to be familiar with and to abide by the Rules and Regulations established for the Event by the Manhattan Beach 10k Committee, including but not limited to any and all safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event. If I am signing this Agreement on behalf of a Minor I accept full and unconditional responsibility for the conduct of that Minor during the Event. I understand that the Manhattan Beach 10k Committee reserves the right to refuse or may terminate at any time, at my expense, my participation in the Manhattan Beach 10k for any reason it deems necessary for the safety of myself and/or other participants. I accept their right to take such action.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Manhattan Beach 10k Committee and its members; and all Organizers, Promoters, Sponsors, Advertisers, and all those who in any way facilitate registrations or participations in this Event, including but not limited to those who have facilitated online registration including but not limited to RaceWire/SPay, Inc., and those that have facilitated event material pick-up including but not limited to The Village Runner; all Venue and Property Owners or Operators upon which the Event takes place; the Road Runners Club of America, the County of Los Angeles, the City of Manhattan Beach, and all Law Enforcement Agencies and other Public Entities providing support for the Event; the Manhattan Beach Chamber of Commerce; Mira Costa Cross Country and the Mira Costa Cross Country Boosters; the Mira Costa Choir and the Mira Costa Choir Boosters; 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 way to 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 any such Liabilities which any may be incurred as the result of such claim. I hereby warrant that I 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 signing 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 signed this Agreement without any inducement, assurance or guarantee, and intend for my signature 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. This Agreement will be interpreted under California law. If I am signing this Agreement of behalf of a Minor, I hereby further represent, warrant and guarantee that I have the legal and moral right and authority to bind said Minor to all of the terms of this Release, Waiver and Covenant and Indemnity as if said Minor were an adult, and acknowledge that I am giving up substantial legal rights on behalf of the Minor and that Minor’s parents, legal guardians, heirs, and any other legal or personal representative. I hereby grant full permission to any and all of the above Released Parties and Event Organizers to use any photographs, videotapes, motion pictures, digital images, website images, streaming video, personal data provided during registration, post-event reporting or any other record of this Event without qualification and without compensation.
I understand that this event does not provide for refunds in the event of a cancellation, and by signing this waiver, I consent that I am not entitled to a refund if the event is cancelled before or during the event.
