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By indicating your acceptance, you understand, agree, warrant and
covenant as follows:
WAIVER: This is a legal document, read carefully. I herby waive and
release, indemnify, hold harmless and forever discharge Wolf Pack
Events, East Bay Municipal Utilities District, the city of El Sobrante
and its agents, employees, officers, volunteers, directors, and
organizations affiliated with the race for any and all injuries
suffered by me at the race or en-route to and from the race event. I
acknowledge that the race courses are on trails and shared by with
other park visitors, including; runners, hikers, bikers, and pets
including dogs. I attest that I am physically fit and sufficiently
trained for this competition and a licensed M.D. has verified my
physical condition in the last six months. I acknowledge that I have
read and understand all of the above. I grant my permission to allow
photo and/or other video images of myself to be used for promotional
purposes.
ACTIVE REGISTRATION AGREEMENT AND LIABILITY WAIVER (the "Agreement and
Waiver")
1. Authority to Register and/or to Act as Agent. You represent and
warrant to The Active Network, Inc. ("Active") that you have full
legal authority to complete this event registration on behalf of
yourself and/or any party you are registering (the "Registered
Parties"), including full authority to make use of the credit or
debit card to which registration fees will be charged. As used in
this Agreement and Waiver, Active refers to The Active Network,
Inc. and any and all subsidiaries, affiliated entities, or entities
that control or are controlled by Active singly or together and its
officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an
incapacitated adult you represent and warrant that you are the
parent or legal guardian of that party and have the legal authority
to enter into this agreement on their behalf and by proceeding with
this event registration, you agree that the terms of this Agreement
and Waiver shall apply equally to all Registered Parties. By
registering a child under 13, you agree and consent to the
collection of that child's information which you provide for the
purposes of registration.
2. Waiver.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY
HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE
UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU
UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES
OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO
BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS
THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO
CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE
THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE
EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL
REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY
RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE ACTIVE FOR ANY
AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM
PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties.
ACTIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE
INABILITY TO USE ACTIVE OR (B) FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH
ACTIVE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF
ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
EXPRESSLY AGREE THAT USE OF ACTIVE IS AT YOUR SOLE RISK. ACTIVE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACTIVE EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Active makes no warranty that the Active sites' services will be
uninterrupted, secure or error free. Active does not guarantee the
accuracy or completeness of any information in, or provided in
connection with, the Active sites. Active is not responsible for
any errors or omissions, or for the results obtained from the use
of such information. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of the
Active sites is at your own discretion and risk and that you will
be solely responsible for any damage to your own computer system or
loss of data that results from the download of such material and/or
data.
4. Indemnification. You agree to indemnify and hold each of Active
harmless from and against any and all damages, costs, claims or
demands, including reasonable attorneys' fees, made by any third
party due to or arising from or relating to your use of Active or
the violation of any term of this Agreement and Waiver as well as
the Terms of Service located at:
http://www.activenetwork.com/terms-of-use.htm by you.
5. Applicable Law; Consent to Jurisdiction. The Active sites
(excluding linked sites) are controlled by Active from its offices
within the State of California, United States of America. By
completing this event registration, both you and Active agree that
the statutes and laws of the State of California, without regard to
the conflict of laws principles thereof, will apply to all matters
relating to this event registration, this Agreement and Waiver, the
Terms of Use or other use of the Active sites. You agree that
exclusive jurisdiction for any dispute with Active resides in the
courts of the State of California and you further agree and
expressly consent to the exercise of personal jurisdiction in the
courts of the State of California in connection with any dispute
including any claim involving Active or its affiliates,
subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers.
6. Severability. You further expressly agree that this Agreement and
Waiver is intended to be as broad and inclusive as is permitted by
the law of the State of California and that if any provision of
this Agreement and Waiver shall be found to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and Waiver and shall not affect the
validity and enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE
AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER
AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP
SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT
YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND
INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE
OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
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