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 The Berkeley Half Marathon or any of its related events such as the half marathon 5K or 10K, or any virtual event, or in any club events or activities related to any Run365 Running Club (together, “The 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 The Berkeley Half Marathon or any of its partners that assist with The Berkeley Half Marathon Events, including but not limited to, The San Francisco Marathon, Jumping Fences, Inc., Let’s Sweat, Inc., Committed 2 Community, UCSF Medical, Silverback Pacific LLC and Silverback Enterprises LLC, any sponsor, U.S. Government Dept. of Army, 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, organizer, volunteer, volunteer organization, or co-participant of The Berkeley Half Marathon Events, with respect to any claim that may arise in connection with The 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 The Berkeley Half Marathon Events.

Assumption of the Risk. You acknowledge that The 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 runner finishing time for the Half marathon, 1 hour for the 5K, and 2 hours for the 10K.  You assume all risks in connection with your participation in The San 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 a virtual event or changes to the planned racecourse.  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 reschedule date, (ii) participate in a “virtual” option of The Berkeley Half Marathon Events, or (iii) pay a fee to defer participation to the following year. You understand that all event changes are subject to a $10 change fee and no refunds are issued for downgrades. All upgrades are subject to the $10 change fee and will owe the difference in ticket cost.

Race Cancellation. You further understand that your registration fee is non-refundable, even if the race is postponed or canceled.

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 provider 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.

Digital Millennium Copyright Act (“DMCA”). The Berkeley Half Marathon Events respect the intellectual property rights of others. Per the DMCA, The Berkeley Half Marathon Events will respond expeditiously to claims of copyright infringement on the Site if submitted The Berkeley Half Marathon Events’ Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, The Berkeley Half Marathon Events will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

If you believe that your intellectual property rights have been violated by The Berkeley Half Marathon Events or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not The Berkeley Half Marathon Events, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
  6. Your electronic or physical signature.

The Berkeley Half Marathon Events may request additional information before removing any allegedly infringing material. In the event The Berkeley Half Marathon Events removes the allegedly infringing materials, The Berkeley Half  Marathon Events will immediately notify the person responsible for posting such materials that The Berkeley Half Marathon Events removed or disabled access to the materials. The Berkeley Half Marathon Events may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c), The Berkeley Half Marathon Events designated Copyright Agent is:
Eric Benisek, Esq. (925) 627-4250 ebenisek@vbllaw.com

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. You understand that at the Berkeley Half Marathon events or related activities, you may be photographed and filmed. You agree to allow your name, photo, video or film likeness to be used for any legitimate purpose by The Berkeley Half Marathon and its affiliates, producers, partners, sponsors, organizers and or assigns. 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.