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CARLSBAD MARATHON PARTICIPANT WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

In consideration for allowing my participation in the Carlsbad Marathon, or any of its related events, including but not limited to the full marathon, half marathon, 5K, Double Down, or any virtual event associated therewith, and including any pre-race and post-race events related thereto (hereinafter referred to as the “Event”), I hereby acknowledge and agree to the following:

1. Assumption of Risk: I ACKNOWLEDGE THAT MY PARTICIPATION IN THE EVENT IS A POTENTIALLY HAZARDOUS ACTIVITY WHICH CARRIES WITH IT THE RISK OF DEATH, SERIOUS PERSONAL INJURY, AND/OR PROPERTY DAMAGE OR LOSS. BY SIGNING BELOW (ELECTRONICALLY OR OTHERWISE), SUBMITTING MY REGISTRATION FOR THE EVENT, AND/OR PARTICIPATING IN THE EVENT, I HEREBY KNOWINGLY AND VOLUNTARILY ACKNOWLEDGE SUCH RISKS AND ASSUME ALL RISK OF INJURY TO MYSELF OR OTHERS, ALL LIABILITY OR POTENTIAL LIABILITY ARISING FROM OR RELATING TO THE EVENT OR MY PARTICIPATION THEREIN, ALL LOSS OR DAMAGE TO PERSON OR PROPERTY OF MYSELF AND OTHERS, AND ANY OTHER RISK, DAMAGE, OR INJURY ARISING FROM OR RELATING TO THE EVENT OR ARISING FROM OR RELATING TO MY PARTICIPATION IN THE EVENT. To the greatest extent permitted by applicable law, my assumption of such risk and liability shall include, but is not limited to, any risks, damages, or liabilities that may arise from or relate to: (1) my active or passive negligence and intentional activities or other actions; (2) the active or passive negligence or actions of any third parties; and (3) the active or passive negligence or actions (excluding only intentional actions and grossly negligent actions) of the entities and individuals associated with the Event or responsible for the planning and execution of the Event, including but not limited to, In Motion, Inc., any Event sponsors or vendors, the City of Carlsbad and its elected officials, USA Track & Field Association, Silverback Enterprises LLC, CalTrans, RPI Carlsbad LP, together with their respective owners, shareholders, members, partners, officers, directors, employees, volunteers, contractors, agents, managers, principals, and anyone acting on their behalf (collectively “Releasees”). I HEREBY EXPRESSLY ASSUME ALL OF THE RISKS OF INJURY caused by, at, during, or as a result of the Event, or arising from my participation in the Event, directly or indirectly, including but not limited to those injuries caused by falls, extreme temperature, inclement weather, extreme physical exertion, vehicular traffic, exposure to the elements, exposure to other participants, third parties, and contact with other participants. 

2. Acknowledgement of Fitness: By submitting my registration and participating in the Event, I hereby acknowledge and agree that I am medically able to run the required distance within the time limits stated herein, am in good health according to a licensed physician, and am properly trained to participate in the Event.

3. Indemnity: I hereby agree to hold harmless and release Releasees and indemnify Releasees from and against any and all loss, claims, cause of action, lawsuit, damage, liability, cost, or expense whatsoever, including but not limited to attorney’s fees and costs, which arise out of or relate to my participation in the Event and any of the risks assumed by me in Paragraph 1 above or as otherwise stated herein.

4. Waiver: I waive and release, and by signing below (electronically or otherwise), submitting my registration for the Event, and participating in the Event, I agree that I will not sue any Releasees for any matter arising from or relating to my participation in the Event or arising from or relating to any of the risks or liabilities I have voluntarily assumed herein, other than such actions directly arising as a result of such Releasees’ intentional actions or gross negligence (and then only to the extent required by law). I understand that this Participant Waiver, Release of Liability, and Indemnity Agreement shall be binding upon me and my estate, my spouse or domestic partner, my heirs, next of kin, executors, administrators, representatives, successors, and assigns, or anyone else claiming by or through me. I expressly waive any claim or right to assert any cause of action, alleged cause of action, claim, or demand which I may otherwise have now or in the future with respect to the Releasees, including those which have not been specifically listed in this Participant Waiver, Release of Liability, and Indemnity Agreement. MY PARTICIPATION IN THE EVENT IS BEING UNDERTAKEN VOLUNTARILY AND ENTIRELY AT MY OWN RISK. THIS ASSUMPTION OF RISK, TOGETHER WITH THE INDEMNITY, WAIVER, AND RELEASE PROVISIONS SET FORTH HEREIN, AND MY EXECUTION OF THIS PARTICIPANT WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT, IS A MATERIAL CONDITION FOR RELEASEES TO AUTHORIZE AND ALLOW MY PARTICIPATION IN THE EVENT.

5. LIMITATION OF LIABILITY: RELEASEES SHALL HAVE NO LIABILITY UNDER ANY CIRCUMSTANCES FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND SUFFERED BY ME, EVEN IF RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF RELEASEES, REGARDLESS OF THE BASIS OF THE CLAIM, INCLUDING ANY ALLEGED ACTIVE OR PASSIVE NEGLIGENT ACTIONS OF RELEASEES (AND EXCEPTING ONLY RELEASEES’ INTENTIONAL OR GROSSLY NEGLIGENT ACTIONS TO THE EXTENT REQUIRED BY APPLICABLE LAW), SHALL BE LIMITED IN THE AGGREGATE TO THE REGISTRATION FEE ACTUALLY PAID BY ME TO ALLOW MY PARTICIPATION IN THE EVENT. THIS LIMIT OF LIABILITY IS A MATERIAL TERM OF THIS AGREEMENT AND RELEASEES’ AGREEMENT TO ALLOW ME TO PARTICIPATE IN THE EVENT FOR THE PRICE AT WHICH MY REGISTRATION HAS BEEN SET.

6. Adjustment of Event: I understand that the distance and/or route of the Event is subject to change without or with little advance notice, and the Event may be canceled as a result of the actions, decisions, or instructions of local, state, or federal government authorities. Except in cases where the Event is canceled for one of the reasons expressly covered by the Event’s cancellation protection policy, and my Event registration fee is actually refunded to Race Roster as a result thereof, I understand that the entry fee I paid to participate in the Event is nonrefundable. If the Event is canceled for any reason and such cancellation is not covered by the Event’s cancellation protection policy or if there is a material change in the distance and/or route of the Event, I will not receive a refund of all or any portion of my registration fee. I understand I may defer or transfer my entry solely according to the Event’s policies, a copy of which can be found on the Event’s FAQ page. 

7. Event Time Waivers:

Full Marathon Time Waiver: I understand and agree I must maintain a 13:44-minute-per-mile pace or faster to complete the marathon in 6 hours or less. If I do not reach mile 7.5 by 8:00 a.m., I will be turned around at Breakwater Road and will not be permitted to complete the 3.5-mile loop from Breakwater Road to La Costa Avenue and back. If I do not reach mile 18 by 10:25 a.m., I will be turned around at Cannon Park and will not be permitted to complete the approximately 4-mile loop from Cannon Park to Breakwater Road and back. If I do not reach Carlsbad Boulevard/Hwy 101 and Carlsbad Village Drive by 11:45 a.m., I will be redirected to the finish line via an alternate route on sidewalks as a pedestrian. I understand that the diverted route will be marked but not supported by Event staff, volunteers, medical personnel, safety personnel, or others. In the event I do not maintain the required pace or am otherwise unable to complete the full course for the Event chosen, I will not be entitled to a partial or full refund of any kind.

Half Marathon Time Waiver: I understand and agree I must maintain an 18:19-minute-per-mile pace or faster to complete the half marathon in 4 hours or less. If I do not reach mile 4.5 by 9:30 a.m., I will be turned around at Cannon Park and will not be permitted to complete the 3.5-mile loop from Cannon Park to Breakwater Road and back. If I do not reach Carlsbad Boulevard/Hwy 101 and Carlsbad Village Drive by 11:45 a.m., I will be redirected to the finish line via an alternate route on sidewalks as a pedestrian. I understand that the diverted route will be marked but not supported by Event staff, volunteers, medical personnel, safety personnel, or others. In the event I do not maintain the required pace or am otherwise unable to complete the full course for the Event chosen, I will not be entitled to a partial or full refund of any kind.

5K Time Waiver: I understand and agree I must maintain a 19:21-minute-per-mile pace or faster to complete the 5K in one hour or less. If I do not do so, I may be redirected to the finish line via an alternate route on sidewalks as a pedestrian. I understand that the diverted route will be marked but not supported by Event staff, volunteers, medical personnel, safety personnel, or others. In the event I do not maintain the required pace or am otherwise unable to complete the full course for the Event chosen, I will not be entitled to a partial or full refund of any kind.

8. Medical Treatment Authorization: I hereby authorize and grant the Event, Releasees, and any of their respective agents, employees, officials, and volunteers, complete and absolute authorization to authorize and perform emergency medical treatment on my behalf if necessary, and waive, release, and hold any such individuals harmless from and against any claims or liabilities which may arise from or which relate to such emergency medical treatment to the greatest extent permitted by law. The waivers and limitations on liability set forth herein shall apply with equal force to the provision of any medical services or decisions which may be rendered by me or on my behalf, should I be unable to make or communicate such decisions.

9. Use of Name, Image, and Likeness Authorization: I give the Event and Releasees complete, non-revocable, and transferable license and authorization to use my name, city and state of residence, age, gender, voice, likeness, and image, in video and still form (collectively, “Image Rights”) in any broadcast, telecast, advertising, promotion, entry confirmation list, race result list, social media posting, or other accounts of the Event for any purpose whatsoever including, but not limited to, commercial purposes, and grant Releasees authorization to sublicense or otherwise allow third parties to utilize such Image Rights without further authorization by me.

If the applicant is under 18 years of age, this release and waiver must be reviewed, consented to, and executed by a parent or legal guardian. The signer agrees to all terms and conditions outlined in this Participant Waiver, Release, and Indemnity Agreement on behalf of such minor participant.

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