In consideration for entry to the 2021 Encinitas Half Marathon & 5K or the 2020 Encinitas Half Marathon & 5K options presented in this registration form, which include the 2020 Encinitas Half Marathon & 5K Virtual Run, Run the Race in 2021, Zulu Speakers and Race Shirt, or Donate Entry Fee (collectively referred to as “the Race”) and other good and valuable consideration, the sufficiency of which is hereby acknowledged, I, hereby agree as follows: I acknowledge and agree that the Surfing Madonna Oceans Project, Book That Event LLC., City of Encinitas, City of Solana Beach, North County Transit District, San Dieguito High School Academy, their employees, officers, directors, independent contractors, agents, partners, representatives, volunteers, sponsors, successors, and assignees (collectively referred to as the “Race Parties”) do not ensure and/or assume my safety during my participation in and attendance at the Race. I acknowledge and agree that my participation in and attendance at the Race exposes me to risks including, but not limited to, personal injury, property damage, and potentially death arising from or relating to, among other things, running, traffic, other Race participants, weather conditions, pollution and superior forces such as Force Majeure (defined below).
I, for myself, and my heirs, executors, administrators, successors, assignees, parents, and/or spouse (collectively referred to as “I” and/or “my”) hereby expressly acknowledge the risks involved in my participation in and attendance at the Race. I hereby expressly assume the risk for my participation in and attendance at the Race, and I voluntarily and expressly release, forever discharge, waive, and relinquish any and all rights, demands, causes of action, liabilities, damages, actions, lawsuits, and claims of any kind whatsoever against the Race Parties, whether in law or equity, which arise from my death, injury to my person, and/or loss or damage to my property, howsoever caused, and which arise out of my participation in and attendance at the Race, whether as a spectator, participant, or otherwise (collectively referred to as “Claims”), whether such Claims result from any diet and/or exercise recommendation by any of the Race Parties, and whether such Claims arise out of events prior to, during, or subsequent to my attendance and participation in the Race, even if any such Claims were caused by, contributed to, or occasioned by the negligence, fault or other conduct of the Race Parties. This includes my participation in the Virtual Run.
I further hereby agree to the fullest extent permitted by law, to indemnify, defend, protect, and hold harmless each of the Race Parties from and against any and all claims, demands, causes of action, liabilities, losses, damages, costs, expenses, including reasonable attorneys’ fees, awards, court costs, penalties, fines and/or judgments resulting from or arising out of any act or omission by me while participating in or attending the Race (collectively referred to as “Race Parties and Third Party Claims”), even if any Race Parties and Third Party Claims were comparatively caused by, contributed to, or occasioned by the negligence, fault or other conduct of the Race Parties.
I further hereby grant the Race Parties full and absolute authorization to authorize emergency treatment on my behalf if they deem it necessary. I further hereby grant the Race Parties full and absolute authorization to use, at the Race Parties sole discretion, my name, city and state of residence, age, gender, voice, likeness, and image in any broadcast, telecast, advertising, promotion, entry confirmation list, race results or other account of the Race for any purpose whatsoever including, but not limited to, any commercial purpose. I also understand that by choosing one of these options waives all my rights to that by agreeing to these terms and conditions and or waiver. I understand that the 2020 and/or 2021 entry fees are non-refundable; that the bib number is non-transferable; and that if lost, my bib number is irreplaceable.
I also understand that the Race will take place regardless of the weather conditions. I further understand that the fee is nonrefundable if the Race is delayed, relocated, rescheduled or canceled for any reason, including but not limited to war, public disaster, communicable disease, flood, unavoidable casualty, acts of God or Superior Force or the elements, or any other cause beyond the control of the Race Parties. I understand that by registering for the 2020 and/or 2021 Encinitas Half Marathon & 5K or choosing one of the options presented to me through this site or registration platform I am releasing all Race, Race Parties, Run Signup, merchants, merchant providers or any third party from any and all prior and future claims, complaints and contested chargebacks in regards to the 2020 and/or 2021 Encinitas Half Marathon & 5K.
Race cancellation – Force Majeure: For the purposes of these terms and conditions, a “Force Majeure Event” means an event beyond the reasonable control of the Organizer, Race or Race Parties or others, including but not limited to: strikes, lock-outs or other industrial disputes (whether involving the workforce of the Organizer, Race or Race Parties or others, failure of a utility service or transport network, act of God or a Superior Force, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, direction or action by a government or public authority, accident, breakdown of plant or machinery, fire, inclement weather, flood, storm, communicable disease, national mourning for over 65’s, nuclear risks and chemical and biological weapons, act of terrorism, demonstration, march, request of an authoritative body such as the police or fire service, any order of repatriation, internment, imprisonment, deportation or the refusal of permit to enter any country where the event is to be held, seepage and/or pollution and/or contamination or default of the Organizer Race or Race Parties or others. If, as a result of a Force Majeure Event, the Organizer, Race or Race Parties or others deems in its sole discretion that it is necessary to cancel, postpone or change the route and/or length of the Event, even during the period of the Event occurring, the Organizer, Race or Race Parties or others shall be entitled to cancel, postpone or change the Event. If, as a result of Force Majeure event, the Event is cancelled or postponed, the Participant will not be offered a refund. As stated above, I hereby release, discharge and agree not to sue the Surfing Madonna Oceans Project organization, Book That Event LLC, the City of Encinitas, City of Solana Beach, NCTD, San Dieguito Unified School District and/or their officers, Directors, agents, employees, successors, sponsors, contractors, and volunteers (hereinafter, RELEASEES) for any injury, death or damage to or loss of personal property arising out of, or in connection with, my participation in the EVENT and selected Options on this registration form from whatever cause, including the active or passive negligence of RELEASEES or any other participants in the EVENT.
In consideration for being permitted to participate in the EVENT, I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless RELEASEES from any and all claims, demands actions or suits arising out of or in connection with my participation in the event/class and selected option on this registration form.
There is a strict no refund policy. By agreeing to the terms above you are also stating that you have read and understand all conditions set forth for the Encinitas Half Marathon & 5K and all Options selected on the registration form.
I agree to give Surfing Madonna Oceans Project, Book That Event LLC, the City of Encinitas, City of Solana Beach, NCTD, San Dieguito Unified School District and/or their officers, Directors, agents, employees, successors, sponsors, contractors, and volunteers consent to use any photos of me taken on race weekend for marketing purposes on the event website, social media and in race eblasts at no charge.
I agree that Surfing Madonna Ocean Project, Book That Event LLC, the City of Encinitas, City of Solana Beach, NCTD, San Dieguito Unified School District and/or their officers, Directors, agents, employees, successors, sponsors, contractors, and volunteers event staff and event volunteers are not responsible for lost, damaged or stolen items from Gear Check on race day.
I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN ON MY OWN FREE WILL.