TIERRA DEL SOL FOUNDATION

PARTICIPATION, RELEASE, LIABILITY WAIVER AND ASSUMPTION OF RISK AGREEMENT

The undersigned (“Releasor”), desires to participate in the Tierra del Sol Foundation Walk ‘n’ Roll 5K/10K Fundraiser (collectively, the “Event”). Releasor has read, understands, acknowledges and freely and voluntarily enters into this Participation, Release, Liability Waiver and Assumption of Risk Agreement (this “Release”). Releasor understands that this Release is a waiver, release and discharge of any and all claims, injuries, causes of action, demands, liabilities, suits, liens, controversies, promises, rights, complaints, damages, losses, debts, costs or expenses, including attorneys’ fees (collectively, “Liabilities”), against Tierra del Sol Foundation and RunSignup.com and their respective successors, assigns, employees, volunteers, sponsors, agents, representatives, directors, officers, employees, sponsors, volunteers, affiliates, related companies, insurers and all persons or entities acting by or through or in concert with such entities (collectively, “Releasees”) that may arise in connection with or as a result of Releasor’s participation in the Event. In consideration for being permitted to participate in the Event, Releasor hereby agrees to the following:

1.              CONDITIONS OF PARTICIPATION. Releasor will abide by any rules for the Event set forth by the Releasees. Without limiting the foregoing, Releasor affirms the following conditions of participation in the Event:

• a. Releasor has received appropriate instruction regarding the Event, including appropriate safety and emergency procedures, and fully understands and agrees to follow all such instructions.

• b. Releasor will not participate in the Event if under the influence of alcohol or any drug that could impair Releasor’s physical or mental abilities.

• c. Releasor will use sufficient care in its participation and will not undertake any tasks that are beyond Releasor’s physical capabilities.

2.              RIGHT TO EXCLUSION. Releasor understands and accepts that the Releasees may exclude Releasor from participation in the Event if Releasor’s conduct is offensive or inappropriate, as determined in the sole discretion of the Releasees.

3.              VOLUNTARY PARTICIPANT. Releasor is participating in the Event as a voluntary participant. Releasor is not an employee, contractor, agent, officer, or other representative of Tierra del Sol Foundation. Releasor will have no right or authority to assume or to create any obligation or responsibility, express or implied, in the name or on behalf of Tierra del Sol Foundation. Releasor is not entitled to any compensation, benefit, or insurance coverage from Tierra del Sol Foundation.

4.              NO REFUNDS. Releasor acknowledges that the entry fee is nonrefundable. No refunds will be issued under any circumstance.

5.              ASSUMPTION OF RISK.  RELEASOR UNDERSTANDS AND ACCEPTS THE RISKS OF PARTICIPATING IN THE EVENT AND UNDERSTANDS THAT THERE ARE RISKS AND POTENTIAL DANGERS INCIDENTAL TO PARTICIPATION IN THE EVENT, INCLUDING TRAVEL TO AND FROM THE EVENT, SOME OF WHICH MAY INVOLVE DANGEROUS ACTIVITIES AND THE RISK OF SERIOUS INJURY, DEATH AND PROPERTY DAMAGE. UNDERSTANDING THE RISKS INVOLVED IN PARTICIPATING IN THE EVENT, RELEASOR VOLUNTARILY CHOOSES TO DO SO WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND EXPRESSLY ASSUME ANY AND ALL ASSOCIATED RISKS, BOTH KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, INCLUDING THE RISK OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE. Despite the risks, RELEASOR still chooseS to participate in the EVENT.

6.              GENERAL RELEASE AND WAIVER.  In consideration for Releasor being permitted to participate in the Event, Releasor, on behalf of themselves and Releasor’s legal representatives, spouse, heirs, executors, beneficiaries, and assigns and all other persons, firms, corporations or other entities which could or might raise a claim under or through any of the foregoing (collectively, “Releasor Representatives”), hereby expressly waives, releases and discharges Releasees from any and all Liabilities of any nature whatsoever, now known or hereafter known, relating to, arising out of or in connection with or attributable to Releasor’s participation in the Event.  Releasor covenants on behalf of themselves and the Releasor Representatives not to make or bring any such claim against Tierra del Sol Foundation or any other Releasee, and forever releases and discharges Tierra del Sol Foundation and all other Releasees from Liability under such claims.

7.              UNKNOWN AND FUTURE CLAIMS. Releasor assumes the risk that Releasor may suffer damages in the future which Releasor and the Releasor Representatives do not now anticipate or suspect may occur as a result of any matter referred to herein and expressly waives the rights and benefits conferred upon them under the provisions of Section 1542 of the California Civil Code and any similar statute of any other jurisdiction to the full extent that the Releasor on behalf of themselves and the Releasor Representatives may lawfully waive all such rights and benefits with respect to the subject matters discussed herein.  

8.              PHOTO RELEASE. Releasor hereby irrevocably grants to Tierra del Sol Foundation the unrestricted right to use, adapt, modify, reproduce, distribute, publicly perform, and display, in any form now known or later developed, the photos, videos, or other media taken of Releasor by or on behalf of Tierra del Sol Foundation (the “Materials”) throughout the world for the limited purpose of promoting Tierra del Sol Foundation. Releasor releases the Releasees from any and all claims Releasor may have now or in the future for invasion of privacy, right of publicity, defamation, or any other cause of action arising out of the use of the Materials (a “Media Claim”).

9.              INDEMNIFICATION.  Releasor shall indemnify and hold Releasees harmless from and against any and all Liabilities relating to, arising out of or in connection with Releasor’s participation in the Event including Media Claims. This indemnification applies to, and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees and related costs and expenses, and any reimbursements to the Releasees for all legal expenses and costs incurred by the Releasees. 

10.            MISCELLANEOUS.  This Release may be amended or modified only by an instrument in writing signed by Tierra del Sol Foundation and Releasor. This Release constitutes the entire agreement between Tierra del Sol Foundation and Releasor and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Release.  The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. The validity, interpretation, construction and performance of this Release and any dispute arising out of Releasor’s participation in the Event shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws.

11.            DISPUTE RESOLUTION.  The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties agree that the exclusive remedy for any dispute or claim arising out of or in connection with this Release or breach thereof shall be arbitration. Such arbitration shall be conducted in Los Angeles County, California, before a single neutral arbitrator selected by both parties. In the event that the parties fail to agree on the selection of the arbitrator within 30 days after the initial request for arbitration, the arbitrator will be chosen. The prevailing party in any dispute relating to this Release shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. The decision of the arbitrator will be final and binding on the parties and may be entered in any court having jurisdiction in such matters.

12.            SUCCESSORS.  It is Releasor’s express intent that this Release shall be binding upon the Releasor Representatives, whether Releasor is alive or deceased, and shall inure to the benefit of Releasees and their respective successors and representatives and shall be deemed as a release, waiver, discharge and covenant not to sue Releasees.

I, THE UNDERSIGNED, HEREBY CERTIFY THAT I HAVE READ AND UNDERSTAND ALL THE PROVISIONS OF THIS RELEASE (AND THEIR LEGAL EFFECT) AND I ACCEPT AND CONSENT TO THIS PARTICIPATION, RELEASE, LIABILITY WAIVER AND ASSUMPTION OF RISK AGREEMENT AND AGREE THAT I SHALL BE LEGALLY BOUND HEREBY.

CONSENT OF PARENT/LEGAL GUARDIAN:

I, THE UNDERSIGNED, HEREBY CERTIFY THAT I AM THE PARENT OR LEGAL GUARDIAN OF RELEASOR; I HAVE READ AND UNDERSTAND ALL THE PROVISIONS OF THIS RELEASE (AND THEIR LEGAL EFFECT) AND I ACCEPT AND CONSENT TO THIS PARTICIPATION, RELEASE, LIABILITY WAIVER AND ASSUMPTION OF RISK AGREEMENT AND AGREE THAT RELEASOR AND I BOTH SHALL BE LEGALLY BOUND HEREBY.