ASSUMPTION OF RISK ACCIDENT WAIVER AND RELEASE OF LIABILITY
FOR ALL PARTICIPANTS and VOLUNTEERS OF THE VENTURA MARATHON and ALL RELATED EVENTS
(1) The Ventura Marathon, taking place in Ventura, California on February 25-26, 2023, and all related racing events, festivals and festivities; including but not limited to the marathon, half marathon, 5K, post race festival, packet pick up, and training events are referred to in this Assumption of Risk and Accident Waiver and Release of Liability Form (hereinafter the “Release”) collectively as “The Event.”
(2) I acknowledge that The Event is an extreme test of a person's physical and mental limits and carries with it the potential for death, serious injury and property loss which are inherent risks of The Event. These risks include, but are not limited to, those caused by terrain, facilities, dangerous or defective equipment, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of The Event, and lack of hydration. These risks are not only inherent to the athletes who participate in The Event, but are also present for all volunteers who are helping in any manner with hosting The Event, including but not limited to training events, set up, take down, assisting at start and finish lines, assisting at aid stations and clean up, and assisting with the beach party events and booths.
(3) I am hereby volunteering and or participating in The Event with full and complete knowledge of all of the above risks associated with volunteering and or participating in The Event. I therefore assume all of the risks of participating and or volunteering in The Event. I realize that liability may arise from the active or passive negligence or carelessness on the part of the persons or entities being released in this Release from any and all of the above risks and from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault regarding the planning, hosting, operation and running of The Event. I certify that I am physically fit, have sufficiently trained for participation in The Event and have not been advised otherwise by a qualified medical person not to participate in The Event or volunteer for The Event.
(4) I acknowledge that this Release will be used by The Event holders, sponsors and organizers, for my participation and or volunteering for The Event and that it will govern my actions and responsibilities regarding any claims I may have for any loss or damages under for any alleged injuries I may claim for death, personal and mental injury, property loss and or monetary damages.
(5) In consideration of my application and permitting me to participate in and or volunteer for The Event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns and therefor waive, release, and discharge from any and all claims, causes of action, liabilities, damages, judgments, costs and expenses, including attorney fees and expert fees and other litigation costs, for my death, disability, personal injury, property damage, property theft, monetary damages, or actions of any kind which may hereafter accrue to me for participating in The Event or volunteering for The Event or my traveling to and from The Event against and for THE FOLLOWING ENTITIES OR PERSONS: The City of Ventura; Road Runners Club of America; The State of California and all other governmental entities; The State of California, its officers and employees; The Event organizers and holders; The Event sponsors; The Event directors; The Event volunteers; The Event
co-participants; and any all of their directors, officers, employees, volunteers, representatives, insurers, attorneys and agents, all which are collectively referred to in this Release as the Released Entities and Persons.
(6) In further consideration of my application and permitting me to participate in and or volunteer for The Event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns to fully Defend, Indemnify and Hold Harmless the Released Entities and Persons from any and all claims, causes of action, liabilities, damages, judgments, costs and expenses, including attorney fees and expert fees and other litigation costs, as soon as tender for such claim for damages is made, regardless of fault, for my death, disability, personal injury, property damage, property theft, monetary damages, or actions of any kind, including claims of active or passive negligence, which may hereafter accrue to me for participating in The Event or volunteering for The Event or my traveling to and from The Event.
(7) I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and or illness during The Event. I further understand that at The Event or related activities, I may be photographed. I agree to allow my photo, video or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers and or assigns.
(8) I also understand that this Release shall be construed broadly to provide a release and waiver to the maximum extent permissible under California Law with jurisdiction to be held by the Ventura County Superior Court and further allow that if any portion of this Release is held invalid, I agree that the balance shall, not withstanding, continue in full legal force and effect.
(9) NO REFUND FOR ANY REASON. I understand that all fees paid for The Event are non-refundable for any reason. If The Event is cancelled because of weather, natural disaster, governmental or court order or any other reason, refunds will not be given. If possible the event will be postponed and your entry will be transferred to a new date. There will be no fee refunds for a postponed or canceled event. The Event will consider on a case-by-case basis a request for refund by active military who are suddenly deployed and cannot participate in The Event, with official documentation supporting such deployment.
Virtual Run Waiver Addition items 10-12
(10) I know that running in an event that is organized as a virtual activity where I run on my own, at a date and time of my choosing, in a location and running route of my choosing, which will not have any support or security measures in place by Vendurance is a potentially hazardous activity, which could result in injury or death. I acknowledge that I am participating in the activity outlined by this virtual event by my own free will and at my own personal risk. I will not participate in a virtual event unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform this event, and am in good health, and I am properly trained. I further agree to abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases, and I attest to having read the CDC’s guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html.
I attest that if my community has a shelter in place order, that I will only participate in the virtual event by using a personal treadmill, and I will not run outside in the community during the duration of a shelter in place order. I agree to follow all pedestrian safety ordinances including running on a sidewalk where available and not in the road. I agree to follow the rules of the road if no sidewalk or multi-use trail is available, and I will run against oncoming traffic and not with traffic.
(11) I agree to abide by any decision of a race official relative to any aspect of my participation in this virtual event, including the right of any official to deny or suspend my participation for any reason whatsoever. I attest that I having read the rules of the virtual race scheduled for [ORGANIZERS SHOULD CLEARLY OUTLINE A TIME FRAME FOR THE VIRTUAL EVENT] including the terms in this waiver, the timeline of the virtual event, and agree to abide by them. I assume all risks to me associated with running on my own as part of this virtual activity, including but not limited to: falls, contact with other pedestrians, the effects of the weather, including high heat and/or humidity, traffic and the conditions of the road or trail, all such risks being known or unknown and appreciated by me when out running on my own without any type of support from local officials or event organizers.
(12) Having read this waiver and knowing these facts and in consideration of your accepting my entry, I, for myself and anyone entitled to act on my behalf, waive and release the Ventura Marathon, Vendurance, the Road Runners Club of America, all event sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in this virtual event, and waive my ability to bring any legal action against the entities outlined in this waiver as I am voluntarily electing to run on my own as part of this virtual event. I grant permission to all of the foregoing to use my photographs which I may share online as part of the event, personal data provided during registration and post-event reporting, video or audio recordings, or any other record of this event for any legitimate purpose. I understand that this event does not provide for refunds in the event of a cancellation, and by signing this waiver, I consent that I am not entitled to a refund if
the event is cancelled before or during the event.
(13) ELECTRONIC SIGNATURE AUTHORIZATION:
By typing my name in the electronic signature field and replying to this email, I hereby agree and release the Released Entities and Persons from all liabilities, claims and damages, as set forth in this Release for The Event. My electronic signature is made pursuant to California’s Uniform Electronic Transactions Act (California Civil Code Section § 1633.1 et seq.) with the same full force and effect as though signing in person. I agree to print and store a copy of this signed Release for my records.
I hereby certify that I have read this document; and, I fully understand its content.
PARENT GUARDIAN WAIVER FOR MINORS (Under 18 years old)
(14)The undersigned parent and guardian or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to all of the terms set forth in the above Release and to save and hold harmless and indemnify each and all of the Released Entities and Persons referred to above from any and all claims, causes of action, liabilities, damages, judgments, costs and expenses, including attorney fees and expert fees and other litigation costs, for the minor’s death, disability, personal injury, property damage, property theft, monetary damages, or actions of any kind whatsoever, including active or passive negligence which may be imposed upon said Released Entities and Persons because of any reason including a defect in or lack of such capacity to so act and hereby release said Released Entities and Persons on behalf of the minor and the parents or legal guardian. The parent and guardian or legal guardian expressly agree that this Release is intended to be as broad and
inclusive as possible under laws of the State of California will allow and that if any portion is held invalid, they agree that the balance shall, not withstanding, continue in full legal force and effect.
Please write your name below if you agree to the above waiver: