PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW.
1. AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT. You represent and warrant to Kara Grief that you have full legal authority to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or any party for whom 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, (a) “Kara” means and includes Kara non-‐profit, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Kara singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.
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 and Waiver on their behalf and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties.
2. ASSUMPTION OF RISK. You wish to participate in the Walk’n’Run to Remember on Saturday, October 16, 2021. You understand that while participating in this event, you will be using public streets and facilities where many hazards exist and you are aware of and appreciate the risks that may result. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, 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 are also aware that accidents may occur during this event, which could result in serious injury or death. You are voluntarily participating/volunteering in this event with knowledge of the dangers involved and you assume full and complete risk and responsibility for any injury, accident or death which may occur during the event, while you are on the premises of the event or you are traveling to or from the event.
In consideration for being permitted to participate in this event, you agree to assume all risks and to release, hold harmless and covenant not to sue and forever discharge Kara and any designated beneficiaries, sponsors, officials, participating clubs, communities, organizations, friends of the event, and all other government or public entities (collectively, "the Releasees"), for any claim, loss or liability that you may have arising out of your participation in the event, including bodily injury, death or property damage, whether caused by negligence or carelessness of the Releasees or otherwise.
To promote safety in the COVID-19 environment, face masks must be worn by all participants in the walk, run, or festival.
For more details, see the attached Informed Consent & Release of Liability Form attached to this waiver.
You intend by the Waiver and Release of liability in advance, and to waive your rights and to discharge all of the Releasees from all claims, losses or liabilities for death, bodily injury or property damage that you may have, or which may hereafter accrue to you, as a result of your participation in this event, even though that liability may arise from negligence or carelessness on the part of the Releasees, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. You understand and agree that this Waiver and Release of Liability is binding on your heirs, assigns and legal representatives.
3. REPRESENTATIONS. You are physically capable of completing this event. If you are aware of or under treatment for any physical infirmity, ailment or illness, your medical care provider knows of and has approved your participation in this event. You will maintain personal health insurance while participating in the event. You acknowledge that you, and you alone, are solely responsible for your personal health and safety, and the personal property you bring with you. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a resultof your participation in the Event, including, but not
limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You will abide by all rules and regulations established by the event organizers and personnel as well as the local vehicle code. You further agree that your participation in the event is subject to the sole discretion of the organizers of the event, and that your participation may be limited for medical or other safety-related reasons.
You understand and agree that the Event organizer reserves the right to cancel the Event in the event of weather (including, but notlimited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), conditions of the COVID-19 pandemic affecting County restrictions for outside events, accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of Event participants and spectators. In the event of such cancellation or any other cancellation for any reason, there will be a partial refund of your payment proportional to the organizer’s expenses.
4. USE OF LIKENESS. You understand that your name, photograph, voice or likeness may be used by Kara to promote the Walk’n’Run event and to publicize issues relating to Kara grief support and education. You consent to and authorize, in advance, such use and waive all rights of privacy you have in connection therewith. And you understand that you will not benefit financially from any usethereof.
5. APPLICABLE LAW; Consent to Jurisdiction. You agree that the statutes and laws of the State of California, United States of America, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Agreement and Waiver.
You have carefully read this Waiver and Release of Liability and fully understand its contents. You are aware that by agreeing to this Waiver and Release of Liability, you are waiving legal rights and knowing this, you agree to it of your own free will.
Informed Consent and Release of Liability Related to COVID-19
For Kara’s Walk’n’Run to Remember
October 16, 2021
This document contains important information about your decision to participate in Kara’s Walk’n’Run to Remember in-person in light of the COVID-19 public health crisis.
Masks must be worn by all participants in the Kara Walk’n’Run to Remember run, walk, or festival activities.
Kara COVID-19 Protocols – Vaccination, Testing and Exposure
1) COVID-19 Vaccination and Testing
Anyone attending the Walk’n’Run in person is encouraged to be fully vaccinated or have a negative COVID-19 test taken within 72 hours of the October 16, 2021 Walk’n’Run to Remember.
2) Symptoms/Exposure
● All family members may not attend the Walk’n’Run to Remember if
o anyone in the family has experienced symptoms of COVID-19* (in the previous 10 days) or
o anyone in your family who is not fully vaccinated has been in close contact with someone who has been diagnosed with COVID-19 (within 6 feet of someone for a cumulative total of 15 minutes or more over a 24-hour period) in the previous 10 days.
* People have reported a wide range of COVID-19 symptoms, ranging from mild symptoms to severe illness. Symptoms may appear 2-14 days after exposure to the virus. People with these symptoms may have COVID-19: Fever or chills, Cough, Shortness of breath or difficulty breathing, Fatigue, Muscle or body aches, Headache, New loss of taste or smell, Sore throat, Congestion or runny nose, Nausea or vomiting, Diarrhea.
Assumed Risk Regarding COVID-19:
● You understand that by coming to any in-person gathering or event, you are assuming the risk of exposure to the coronavirus (or other public health risk). This risk may increase if you travel by public transportation, cab, or ridesharing service.
● By signing this document, you acknowledge that there is inherent risk in gathering and participating in-person for Kara’s Walk’n’Run to Remember while COVID-19 is still actively spreading. Even with all the precautions we are putting into place, we cannot guarantee that there will not be a transmission of COVID-19 between your household and our staff or volunteers. By signing this agreement, you acknowledge that you will hold harmless Kara, and all associated staff and volunteers, for any and all harm related to COVID-19 that may come from in-person gatherings, events, and activities during the COVID-19 pandemic.
