SEQ CHAPTER \h \r 1ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY OF THE BIG SUR MARTHON FOUNDATION

PLEASE READ CAREFULLY BEFORE AGREEING TO THIS ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY (AWRL)

I acknowledge that volunteering and/or participating in the JUST RUN program and activities creates the potential for death, serious injury and property loss for myself, my minor child/children and dependent(s).  I HEREBY ASSUME THE RISKS OF VOLUNTEERING AND/OR PARTICIPATING IN JUST RUN, ON BEHALF OF MYSELF, MY MINOR CHILD/CHILDREN AND DEPENDENT(S). I certify that I and my minor child/children and dependent(s) are sufficiently physically fit for volunteering and/or participation in the JUST RUN program and activities, and I and my minor child/children and dependent(s) have not been advised against such volunteering and/or participation by a qualified health professional. I acknowledge that my statements on this AWRL are being accepted by the host of this event, the BIG SUR MARATHON FOUNDATION (the BSMF), and are being relied upon by the BSMF,  and its various sponsors, organizers, administrators and staff in permitting me, my minor child/children and dependent(s) to volunteer and/or participate in JUST RUN.

In consideration thereof, I hereby take the following action for myself, my minor child/children, dependent(s), my and their executors, administrators, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf or their behalf: (a) I AGREE that prior to volunteering and/or participating in this event I will inspect the course, facilities, equipment, areas and activities where I and/or my minor child/children and dependent(s) will be located or will have access to; if I believe any are potentially unsafe I will immediately advise the person supervising the event; (b) I on behalf of myself, my minor child/children and dependent(s) HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE from any and all claims, losses (economic and non-economic), or liabilities, for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, or damages of any kind, which may in the future arise out of, result from, or relate to volunteering and/or participating in or traveling to or from the JUST RUN event or activity, THE FOLLOWING PERSONS OR ENTITIES: BIG SUR MARATHON FOUNDATION; BOOTS ROAD; ALL EVENT SPONSORS AND VENDORS; EVENT PRODUCERS; VOLUNTEERS; ALL STATES, CITIES, COUNTIES OR OTHER GOVERNMENTAL BODIES OR LOCATIONS IN WHICH JUST RUN, OR SEGMENTS OF JUST RUN, ARE HELD; AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE ABOVE; EVEN IF SUCH CLAIMS, LOSSES, OR LIABILITIES ARE CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF OF SUCH RELEASED PERSONS AND/OR PARTIES, OR ANY OTHER PERSON AND/OR PARTIES; and (c) I ASSUME on behalf of myself, my minor child/children and dependent(s) THE RISK OF VOLUNTEERING AND/OR PARTICIPATING IN JUST RUN. I on behalf of  myself, my minor child/children and dependent(s) also ASSUME ANY AND ALL OTHER RISKS associated with volunteering and/or participating in JUST RUN events and activities, whether known, unknown, foreseeable or unforeseeable, including but not limited to falls, contact with other volunteers or participants or fixed objects, the effects of weather including heat, cold, and/or humidity, defective equipment, the condition of the roads, contact with animal (domestic or wild), water hazards, nature, force majeure, and any hazard that may be posed by spectators, participants, volunteers, traffic or animals, hackers, and all other hazards, all such risks being known and appreciated by me; and I further acknowledge that these risks include risks that may be the result of the negligence of persons or entities mentioned above in subparagraph (b) or of other persons or entities. I on behalf of myself, my minor child/children and dependent(s) FURTHER COVENANT AND AGREE NOT TO SUE any of the persons or entities mentioned above in subparagraph (b) for any of the claims, losses, or liabilities that have been waived, released, or discharged herein; and I INDEMNIFY AND HOLD HARMLESS the persons or entities mentioned above in subparagraph (b) from any and all expenses incurred, claims made, or liabilities assessed against them, including but not limited to attorneys’ fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, (i) my actions or inactions; (ii) my breach or failure to abide by any part of this AWRL including but not limited to my covenant not to sue; or (iii) any other harm caused to me. I on behalf of myself, my minor child/children and dependent(s) FURTHER GRANT PERMISSION for the use of my name and/or likeness including photographs relating to volunteering and/or participation in JUST RUN, and I on behalf of myself, my minor child/children and dependent(s) WAIVE all rights to any compensation to which I or they may otherwise be entitled as a result of the use of my or their name or likeness.

For any events located on roads, I understand all roads will remain open to traffic during the entire event and will not be closed. I agree to obey all of the laws of the State of California including the Vehicle Code and will ensure that my minor child/children and dependent(s) do so as well.