MANHATTAN BEACH OLD HOMETOWN 10K
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 ON OCTOBER 1, 2022, IN MANHATTAN BEACH, CALIFORNIA, OVER THE ROADS AND FACILITIES THERE OF (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 a road race is a potentially hazardous activity, which could cause injury or death. I will not enter and participate 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 agree to abide by any decision of a race official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever. I attest that I have read the rules of the race and agree to abide by them. I understand and acknowledge the risks associated with participation in the 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. I assume all risks associated with running in this event, including but not limited to: falls, physical contact with other participants, volunteers, race personnel, contract service providers, employees, and spectators including the potential the contraction of a communicable disease resulting from contact with other participants, volunteers, race personnel, contract service providers, employees, and spectators. I assume all risks including: the effects of the weather; high heat and/or humidity; freezing cold temperatures; traffic and the conditions of the road including surrounding terrain. I further agree to abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the 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 assume all such risks being known, appreciated, and accepted by me.
I understand that bicycles, skateboards, baby joggers/strollers, roller skates or inline skates, animals, and personal music players are not allowed in the race, and I will abide by all race rules. Having read this waiver and knowing these facts and inconsideration of your accepting my entry, I, for myself and anyone entitled to act on my behalf, waive and release the MANHATTAN BEACH OLD HOMETOWN 10K, the city of Manhattan Beach, and the Road Runners Club of America, all event sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this event, even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver. In addition, I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in this event. I acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand that the risk of becoming exposed to or infected by COVID-19 in connection with my participation in this event and personally assume this risk.
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; Mira Costa Students and Booster Clubs, 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. In such event, the participant will be entitled to receive their race shirt via in-store pick up at Village Runner in Manhattan Beach, or have it mailed. The mailed option will only be available to US residents due to the difficulties and time delay of shipping internationally. The cost for this option will be $8 per participant.
Print Name: Age: Date of Birth: _______/_______/________ o Male OFemale
Home Address: Most Appropriate Tel.: (_____)
Name of most appropriate contact person in case of emergency: Tel: (______) X
Signature of Participant as runner, walker and/or volunteer. Date Signed
Signature on behalf of the above identified adult individual
and/or also on behalf of the below named Minor(s):
IF SIGNING ON BEHALF OF A MINOR(S):
Minor # 1
Print Name: Age: Date of Birth: Male Female
Minor # 2
Print Name: Age: Date of Birth: Male Female
Minor # 3
Print Name: Age: Date of Birth: Male Female