|Zazzle Bay to Breakers
Volunteer Waiver - 2012
Thank you for electing to act as a volunteer in connection with the 2012 Bay to Breakers 12K Race taking place on May 20, 2012 and any related ancillary events, including, without limitation, the 2012 Greater Body Expo (May 18 - 19, 2012) and the 2012 Final Mile (May 20, 2012) (each a "Race Event" and collectively, the "Race Events"). We are glad to have you on board. We appreciate your offer to use your skills and experience in whatever aspects of the event you are most interested in participating. We recognize the choice you have made to take time away from your job and other interests in order to lend your talents to this event and we appreciate your choice to do so.
This Voluntary Waiver and Release Agreement ("Agreement") is hereby executed by the undersigned, or if the undersigned is under the age of 18 years, then the undersigned's parent or legal guardian (together with any heir, successor, representative or assign, collectively as "Participant") in favor and for the sole and exclusive benefit of the Organizers (as defined herein). In connection with Participant's involvement in any Race Event, or any other event which may take place in connection with Anschutz 12K Company by Participant, Participant hereby certifies, warrants, represents, agrees and covenants to Anschutz 12K Company, Anschutz Entertainment Group, Inc., Anschutz Print Media Company, KRON 4 Television, Inc., US Track and Field, the City and County of San Francisco, and any of the respective Race Event sponsors, promoters and contractors (individually and collectively, together with their respective affiliates, subsidiaries, directors, officers, employees, partners, shareholders, members, sponsors, contractors, agents, successors and assigns, the "Organizers") that he/she is:
(1) FREE OF ANY MENTAL OR PHYSICAL CONDITION, AILMENT OR INJURY (MEDICAL OR OTHERWISE) WHICH WOULD, IN AND OF ITSELF OR IN CONJUNCTION WITH ANY OTHER CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO THOSE ACTIVITIES ASSOCIATED WITH ANY RACE EVENTS, (i) IMPAIR, PREVENT OR PROHIBIT PARTICIPANT FROM ENGAGING IN SUCH RACE EVENT ACTIVITIES OR (ii) BE AFFECTED, AGGRAVATED OR WORSEN IN ANY WAY AS A RESULT, DIRECTLY OR INDIRECTLY, OF PARTICIPANT'S INVOLVLEMENT IN SUCH RACE EVENT(S);
(2) OF SOUND MIND AND BODY AND NOT UNDER THE INFLUENCE OF ALCOHOL OR ANY ILLICIT OR PRESCRIPTION DRUG OR MEDICATION WHICH MAY IN ANY WAY IMPAIR PARTICIPANT'S ABILITY TO ENTER INTO THIS AGREEMENT, FULLY UNDERSTAND THE RESPECTIVE INTENT AND MEANING OF ALL OF THE TERMS AND PROVISIONS HEREOF AND TO PARTICIPATE IN ANY RACE EVENT;
(3) ENTERING INTO THIS WAIVER AND RELEASE AGREEMENT VOLUNTARILY, BY PARTICIPANT'S OWN FREE WILL, ACT AND DEED, WITHOUT ANY UNDUE INFLUENCE FROM THE ORGANIZERS OR ANY OTHER THIRD PARTY.
ASSUMPTION OF RISK. PARTICIPANT AGREES THAT HE/SHE DERIVES A MATERIAL BENEFIT FROM THE RACE EVENT(S) AND/OR PARTICIPANT'S INVOLVEMENT THEREIN. BY EXECUTION OF THIS AGREEMENT, PARTICIPANT AGREES AND ACKNOWLEDGES THAT PARTICPATION IN ANY RACE EVENT COULD BE POTENTIALLY HAZARDOUS, AND PARTICIPANT HEREBY ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATING IN SUCH RACE EVENT. FURTHERMORE, PARTICIPANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO PARTICIPANT'S INVOLVEMENT IN ANY RACE EVENT AND ANY ACTIVITY ASSOCIATED THEREWITH. PARTICIPANT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS THE ORGANIZERS FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT, INCLUDING STRICT LIABILITY, OR OTHER LEGAL THEORY), DAMAGES, LIABILITIES, COSTS AND EXPENSES, WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE, ARISING OUT OF OR RELATING TO PARTICIPANT'S INVOLVEMENT IN ANY RACE EVENT AND ALL ACTIVITIES ASSOCIATED THEREWITH.
RELEASE. Each Participant understands that by signing this Agreement, each Participant covenants and agrees that such Participant, as well as such Participant's heirs, executors, administrators, successors and assigns, will never institute any suit or action at law, or otherwise, against any of the Organizers, or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury either to Participant's person or property, or both, which may result from the Participant's participation in any Race Event or any other events associated therewith. Each Participant agrees to defend and hold the Organizers harmless from any loss or damages, including attorneys' fees and costs, sustained by Organizers, or any one or more of them, as a result of any Participant's rescission of this Agreement or breach of its covenants or agreements contained in this paragraph.
Participant agrees that during the Race Event(s), the Organizers are authorized to secure appropriate medical attention for Participant in the Race Event of an accident, illness or injury. Participant shall be responsible for any and all costs of medical coverage and treatment provided not covered by insurance.
Participant further agrees that the Organizers shall have the right to record, broadcast and otherwise exploit in any and all media throughout the world Participant's activity/performance in any Race Event or any promotion of the Race Event and to use Participant's name, likeness, voice and biographical information in connection therewith. If any provision of this Agreement shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid or unenforceable provision were omitted.
THE WAIVER AND RELEASE GRANTED BY PARTICIPANT HEREUNDER IS LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. PARTICIPANT AGREES THAT THE ORGANIZERS MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.
GOVERNING LAW. The validity, interpretation, construction and enforcement of this Agreement shall be governed and controlled by the laws of the State of California, without regard to that State's rules with respect to choice of law.
KNOWING AND VOLUNTARY EXECUTION. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES AND A RELEASE OF LIABILITY, AND I SIGN IT OF MY OWN FREE WILL. BY SIGNING THIS AGREEMENT, I CERTIFY THAT I AM EIGHTEEN YEARS OF AGE OR OLDER OR HAVE DELIVERED THE CONSENT OF MY PARENT OR LEGAL GUARDIAN TO THE RELEASED PARTIES. I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED BELOW IS TRUE, ACCURATE AND COMPLETE IN ALL RESPECTS.