PARTICIPANT ACCIDENT WAIVER AND RELEASE OF LIABILITY FOR THE BERKELEY HALF MARATHON GENERAL RELEASE, WAIVER AND INDEMNIFICATION

In consideration of acceptance, participation and/or volunteering in Berkeley Half Marathon(™)  or any of its related events such as the half marathon, 10K, 5K, or Family 1k, or any virtual event, or in any club events or activities related to any Run365 Running Club, and or any Training Programs (and online APPS), (together, “Berkeley Half Marathon Events”), You on behalf of yourself and your spouse, partner, heirs, next of kin, executors, administrators, successors, assigns and personal representatives, hereby (A) forever waive, release and give up all claims, damages, costs, expenses of any kind whatsoever and agree not to sue Berkeley Half Marathon or any of its partners that assist with Berkeley Half Marathon Events, including but not limited to, Jumping Fences, Inc., Let’s Sweat, Inc., Committed 2 Community, UCSF Medical, Silverback Pacific LLC and Silverback Enterprises LLC, any sponsor, the Berkeley Public Schools Fund, the City of Berkeley, the City of Emeryville, The Regents of the University of California, the East Bay Regional Parks District, California Department of Transportation, the City of Albany, and County of Alameda, Caltrans, State of California, and any benefiting charity, California Highway Patrol or Dept. of Transportation or any officer, director, employee, representative, agent, contractor or subcontractor or of any of the foregoing, and any ambassador, influencer, organizer, volunteer, volunteer organization, or co-participant of Berkeley Half Marathon Events, with respect to any claim that may arise in connection with Berkeley Half Marathon Events, including any and all claims of death, disability, personal injury, property damage, property theft and (B) Indemnify and Hold Harmless the entities or persons mentioned herein from any and all liabilities or claims made by other individuals or entities as a result of any of my actions during the Berkeley Half Marathon Events. 

Assumption of the Risk. You acknowledge that Berkeley Half Marathon Events are an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, 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 athletics, but are also present for volunteers. You hereby assume all of the risks of participating &/or volunteering in the Berkeley Half Marathon Events. You certify that I am physically fit, have sufficiently trained for participation in the Berkeley Half Marathon Events and have not been advised otherwise by a qualified medical person. You understand that the Berkeley Half Marathon Events are dangerous activities, that no warranty is made concerning their safety or that of the locations where they are run and that traffic control terminates based on the following schedule:  (A) for the Berkeley Half Marathon, a 4-hour finishing time for the half- marathon, 1 hour for the 5K, 2 hour for the 10K. You assume all risks in connection with your participation in the Berkeley Half Marathon Events and related activities, including traveling to or from the Berkeley Half Marathon Events. You fully understand you are forever giving up, in advance, any right to sue or make any claim against the parties identified in the paragraph above, even though you do not know what or how extensive the injuries and/or damage you might experience, and you are voluntarily assuming the risk of such injuries and damages. 

Accepting Changes to the Berkeley Half Marathon Events. You understand that the date, time and location (including the course route) of the Berkeley Half Marathon Events is subject to change without advance notice. This may include having the Berkeley Half Marathon Events converted to virtual events. You understand the advertised date for the Berkeley Half Marathon Events may be changed one or more times for any reason after you have registered and that you will not be entitled to a refund. Your options will be to: (i) participate in the Berkeley Half Marathon Events on the newly rescheduled date, (ii) participate in a “virtual” option of the Berkeley Half MarathonEvents, or (iii) pay a $39 fee to defer participation to 2023. You understand that there will be a $10.00 charge to switch to a different distance. In the event of an upgrade You will have to pay the $10.00 charge plus the difference in cost between events. If you are downgrading in fees (i.e,. going from the full marathon to a half-marathon), there will be no refund of the difference and the $10.00 event change fee will still apply). 

Race Cancellation. You further understand that your registration fee is nonrefundable even if the race is canceled for any reason, including cancellation due to the threat of or acts of God, war, terrorism, weather (such as extreme heat or cold), disaster (such as fires, or smoke from fires; and or falling trees, and or mudslides; and or from floods or rising water levels), earthquake, government regulation/permitting (including applicable health and safety regulations) and/or for economic/financial reasons.

If you select to purchase a ‘Tower Refundable Registration’ during your original registration, the following Terms & Conditions apply: refund for the ‘Registration Fee, BART and or VIP Tickets only, excluding the ‘processing fees and credit card processing fees’, and excluding any apparel or gifts or items shipped to you; you have until 30 calendar days prior to the event date to claim the refund, subject to the Terms & Conditions; the refund will take up to 45 calendar days to be processed;  to make a refund request, email customersupport@berkeleyhalfmarathon.com.  Tower Refund general FAQ information. 

Race/Travel Insurance. Recent events in the Bay Area and globally, such as the Covid-19 pandemic, wildfires and the smoke caused from wildfires, floods or rising water levels, falling trees or mudslides,  government concerns about terrorism that lead to restrictions and demonstrate that producing and/or participating in, The Berkeley Half Marathon Events can be extremely challenging and sometimes impossible leading to cancellations  due to uncontrollable circumstances. Accordingly, you should consider the  deferral registration additional option, see above. and separately, travel insurance which you can obtain from third parties (such as the airlines, or hotels that you may have booked with).

Registering for Others/Registering by Minors. If you are registering third parties, you represent and warrant that you have been duly authorized to act as agent on behalf of such parties in registering for the Berkeley Half Marathon Events. If you are a minor then the undersigned parent/guardian gives permission to a designated MD, RN, EMT, Paramedic, or emergency service providers to provide you with medical attention in the case of an injury or medical problem during participation in the Berkeley Half Marathon Events. The parent/ guardian signing below also agrees to all other terms herein on behalf of the minor. 

Consent to Use and Sell Personal Information. You understand that at the Berkeley Half Marathon events or related activities, you may be photographed and filmed. You understand and agree to the Berkeley Half Marathon Events possible use facial recognition software to assist in identifying you as a participant for photographic purposes. You agree to allow your name, photo, video or film likeness to be used for any legitimate purpose by Berkeley  Half Marathon and its affiliates, producers, partners, sponsors, organizers and or assigns. A “legitimate” purpose for purposes herein shall include, among other things,  the use of your name, photo, video, film likeness or race result information in an NFT, (Non-Fungible Tokens), which may be sold, or resold, by Berkeley Half Marathon or by a third party, on Berkeley Half Marathon website or other third party websites as well as our posting on the Berkeley Half Marathon website of your race results,  including your name, event distance rUn, overall place, age division place, pace and other related race data information. You further understand and accept that by receiving the digital medals you are only receiving a digital copy of the original digital medal, and that JFI/TSFM retain ownership over the original digital image including all NFT rights of the medals.

Miscellaneous. You hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident and or illness during the Berkeley Half Marathon Events.  By submitting your email and phone number in the form(s) on our site, you give consent to receiving occasional emails and SMS text messages about special offers,  or other information, from us. You are authorizing Road Runner Sports and Berkeley Half Marathon to communicate with you via email and/or SMS text messaging regarding Road Runner Sports offers, services, events and promotions.

This Participant Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. You agree to abide by all of the Berkeley Half Marathon Rules, as outlined at www.berkeleyhalfmarathon.com. If you do not abide by these rules, then you understand you could be penalized including having your registration terminated. 

You hereby certify that you have read this document, and you understand its contents and agree to its terms.