KIDS MARATHON MILE PARTICIPANT WAIVER, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

In consideration for allowing my participation in the Kids Marathon Mile 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, Outside Interactive, Inc. (operating under its FinisherPix brand), USA Track & Field Association, LEGOLAND California LLC, 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, exposure to the elements, exposure to other participants, third parties, and contact with other participants. 

2. 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.

3. 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 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.

4. 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.

5. Adjustment of Event: 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. 

6. 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.

7. 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.

8. FinisherPix Authorization: I have also been advised and understand that Outside Interactive, Inc. (operating under its FinisherPix brand) collects, retains, uses, analyzes, and shares with its vendors (exclusively for the limited purposes necessary to provision its Services) event photographs using facial recognition software. This software is used to offer you the opportunity to acquire photographs of your participation in the event on its website, FinisherPix.com (the “Services”). Where applicable, under relevant laws, this use of facial recognition technology may constitute the collection of your biometric identifier or biometric information. By registering for this event, I consent to: (a) the collection, use and storage of a scan of face geometry by FinisherPix and its relevant vendors; and (b) FinisherPix disclosing any scan of face geometry to its vendors for use, analysis and storage solely for the purposes of FinisherPix’s performance of the Services, and for no other reason. The consents provided herein may be revoked at any time by contacting FinisherPix in writing at [email protected] and notifying them of such revocation.”  

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 and any adults who accompany such minor during the race (referred to as “Companion”).

By signing below (electronically or otherwise), submitting my registration for the Event, and participating in the Event, I hereby certify that I have read this document, understand its contents, and agree to its terms.

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