By signing this Event Agreement (this “Agreement”), the Undersigned agrees to the following:
1. Duties of Participant. The undersigned Participant (and, if Participant is under the age of 18, the Participant’s parent or legal guardian) (collectively, the “Undersigned” or “Participant” or “I”) desires to participate as a runner, walker, official, coach, support staff, volunteer, spectator, or otherwise in the virtual running/walking event known as Run Rock Vote (the “Activity”), as operated and/or supported by Help Get Sponsors, (the “Released Party”). At all times during the Activity, the Undersigned agrees and covenants that the Participant will: handle itself in a safe and controlled manner; carry personal identification; obey all traffic regulations, signs, lights, and event staff directions. The Undersigned acknowledges, represents, and warrants that: (a) the Participant is physically fit, medically able, and sufficiently trained to participate in the Activity; (b) the Undersigned’s equipment is in good condition and fit for participation in the Activity (if participating); and (c) that all statements made in this Agreement are true and the Undersigned has not withheld any information that would influence the decision of the Released Parties to allow the Undersigned to participate in the Activity. For purposes of this Agreement, “Affiliate” shall mean, as to any individual, corporation, partnership, limited liability company, association, trust, unincorporated entity or other legal entity (each a “Person”), any other Person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or under common control with such Person. As used in this definition, “control” (including, with correlative meanings, “controlled by” and “under common control with”) shall mean possession, directly or indirectly, of the power to direct or cause the direction of the management and policies (whether through ownership of securities or partnership or other ownership interests, by contract or otherwise).
2. Risks of Activity. The risks and dangers of the Activity include, but are not limited to: muscular and cardiovascular stress; collision with vehicles; surface conditions and hazards, including without limitation pot holes, slick or uneven surfaces, marked and unmarked obstacles, and man-made objects; equipment failure or inadequate safety equipment; adverse weather conditions; natural disasters; visibility; limited access to and/or delay of medical attention; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; mental and/or physical disability; drowning; exposure to extreme conditions and circumstances; loss or damage to property; imperfect course conditions; participants of varying skill levels; negligence of the Released Parties; and the negligence of others. THE UNDERSIGNED ACKNOWLEDGES THAT THE DESCRIPTION OF THE DANGERS AND RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTANDS THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSES FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
3. Release; Covenant Not to Sue; Indemnification: In consideration of the Participant being permitted to participate in the Activity, the Undersigned for and on behalf of itself and its estate, heirs, administrators, personal representatives, successors, and assigns: (a) unconditionally releases, waives, forever discharges, and agrees not to sue the Released Parties from and for any and all claims or causes of action for any liability or loss of any nature, including without limitation personal injury, death, and property damage, arising out of or relating to Participant’s participation in the Activity, including without limitation claims of negligence, breach of warranty, and/or breach of contract that the Undersigned may or will have against the Released Parties; and (b) agrees to release, protect, discharge, indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including without limitation attorneys’ fees, legal fees and expenses, arising out of or related to Participant’s participation in the Activity.
4. Minor Acknowledgment. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents and warrants that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent and warrant that they are a legal parent or guardian of the minor Participant and authorized to sign this Agreement on behalf of the minor Participant.
5. Medical Care. The Undersigned authorizes the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in their opinion, medical attention is needed. The Undersigned agrees to pay all costs associated with such medical care and related transportation. The Undersigned consents to the disclosure by the Released Parties of the Participant’s name and medical information in the event of Participant’s physical injury of death.
6. Media. The Undersigned irrevocably grants the Released Parties the worldwide right, license and permission, without any additional cost, to use Participant’s name, likeness, image, voice, and audio or film footage (collectively referred to as “Media”) obtained during Participant’s participation in the Activity. The Undersigned hereby agrees that all right, title, interest and ownership, including copyright and moral rights, in and to any tangible work in any Media containing Participant’s image or likeness shall be owned exclusively by Host and Help Get Sponsors. The Undersigned releases the Released Parties from any and all claims, actions, suits, and demands arising out of or in connection with the use of such Media.
7. Miscellaneous. The Undersigned agrees: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of California, and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in California; (c) this Agreement shall be binding upon the subrogors, distributors, heirs, administrators, next of kin, executors, and personal representatives of the Undersigned; and (d) the singular form of the word Undersigned herein shall be deemed to include the plural form, as applicable. THE UNDERSIGNED IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.
8. Sufficiency of Agreement. The Undersigned agrees, for itself and its subrogors, distributors, heirs, administrators, next of kin, executors, and personal representatives, that the above representations are contractually binding, and are not mere recitals, and that should the Undersigned or its subrogors, distributors, heirs, administrators, next of kin, executors, and personal representatives assert a claim, demand, suit, action, or proceeding contrary to what the Undersigned has agreed to in this contract, then such claiming party shall be liable for any and all costs, fees, and expenses (including legal and attorneys’ fees) incurred by the Released Parties in defending such claims. This Agreement may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as a consent to any subsequent waiver or modification. The Undersigned consents to the release by any third party to the Released Parties and their insurance carriers of the Undersigned’s name and medical information that may relate solely to any injury or death the Undersigned may suffer arising from the Activity. Every term and provision of this contract is intended to be severable and if any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable, and any such unenforceable or invalid term shall be modified or amended by a court to render it enforceable to the maximum extent permitted by the law. The Undersigned hereby acknowledges and agrees that the Undersigned’s release, waiver, indemnification obligations, and the representations, warranties, and covenants made herein are material inducement to the Released Parties allowing the Participant to participate in the Activity and that the Released Parties would not otherwise allow so absent this Agreement.
9. No refunds. The Undersigned acknowledges that the Activity is a socially distanced event to take place in their own location, at any time that weather permits, that works well for their individual schedule and lifestyle. Refunds will not be given for any reason. All merchandise sales final.
10. All participants agree to follow state and local requirements as recommended by the CDC in regards to limiting the spread of the Coronavirus. This includes but is not limited to keeping a distance of six feet between yourself and another person before, during, and after the Activity, and wearing a facial covering when not able to remain socially distant.