PARTICIPANT ACCIDENT WAIVER AND RELEASE OF LIABILITY FOR THE SAN FRANCISCO MARATHON GENERAL RELEASE, WAIVER AND INDEMNIFICATION
In consideration of acceptance, participation and/or volunteering in The San Francisco Marathon® or any of its related events such as the full marathon, half marathons, 5K events, 10K or ultra marathon, or any virtual event, or in any club events or activities related to any Run365 Running Club (together, “The San Francisco 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 San Francisco Marathon or any of its partners that assist with The San Francisco 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 National Park Service, GGNRA, San Francisco Recreations and Park Department, San Francisco Department of Justice, U.S. Government Dept. of Army, U.S. Army Presidio, the Presidio Trust, City and County of San Francisco, Golden Gate Bridge Highway and Transportation District, CalTrans, Port of San Francisco, 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 San Francisco Marathon Events, with respect to any claim that may arise in connection with The San Francisco 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 San Francisco Marathon Events.
Assumption of the Risk. You acknowledge that The San Francisco 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 San Francisco Marathon Events. You certify that I am physically fit, have sufficiently trained for participation in the San Francisco Marathon Events and have not been advised otherwise by a qualified medical person. You understand that The San Francisco 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 San Francisco Marathon, a 6-hour runner marathon finishing time for the full marathon, 1 hour for the 5K, 1 hour and 40 minutes for the 10K, 3 hrs for the first half marathon and 3 hrs and 30 minutes for the second half marathon. You assume all risks in connection with your participation in The San Francisco Marathon Events and related activities, including traveling to or from The San Francisco 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 San Francisco Marathon Events. You understand that the date, time and location (including the course route) of The San Francisco Marathon Events is subject to change without advance notice. This may include having the The San Francisco Marathon Events converted to virtual events. A change to the race course may include not running across the Golden Gate Bridge. This may include the combining of the first and second half marathon courses. You understand the advertised date for The San Francisco 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 San Francisco Marathon Events on the newly rescheduled date, (ii) participate in a “virtual” option of The San Francisco Marathon Events, or (iii) pay a $39 fee to defer participation to 2023. You understand that there will be a $15 charge to switch to a different distance. In the event of an upgrade You will have to pay the $15 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 $15 event change fee will still apply).
Race Cancellation. You further understand that your registration fee is nonrefundable even if the race is cancelled for any reason,including cancellation by TSFM or a government agency due to Covid-19 related circumstances. However, if you have purchased a Refundable Registration, you may opt to transfer your registration to a Virtual Race option or defer your Registration to 2023 without additional fees.
If you select to purchase a ‘SFM 2022 Refundable Registration’ during your original registration, here are the Refund Terms & Conditions https://www.thesfmarathon.com/registration-details/ (https://refundable.me/extended/san-francisco-marathon/) that apply to that Refundable Registration and you hereby agree and understand and accept these Terms & Conditions. Further, should you request a Refund, and should that request be granted per the Refundable Registration Terms & Conditions this waiver still applies in its full extent. Should you choose to Defer your registration to 2023 or select to transfer to our Virtual 2022 offer, then the Refund Option will apply to the applicable deferred Race.
If you select to purchase a ‘Blue Skies Refundable Registration’ during your original registration, the following Terms and Conditions apply: you are entitled to a 'no excuses required' 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; the refund will take up to 45 calendar days to be processed; to make a refund request, email email@example.com.
Race/Travel Insurance. Recent events in the Bay Area and globally, such as the Covid-19 pandemic, wild fires and the smoke caused from wild fires, government concerns about terrorism that lead to retrictions on running over the Golden Gate bridge, demonstrate that producing and/or participating in, The San Francisco Marathon Events can be extremely challenging and sometimes imposible because of uncontrollable circumstances. Accordingly, you should consider registration insurance (such as the Refundable Registration) if and when it is made available by The San Francisco Marathon, Inc., 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 San Francisco 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 San Francisco Marathon Events. The parent/ guardian signing below also agrees to all other terms herein on behalf of the minor.
Miscellaneous. You hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident and or illness during the San Francisco Marathon Events. You understand that at the San Francisco 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 San Francisco Marathon and its affiliates, producers, partners, sponsors, organizers and or assigns. 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. 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 San Francisco Marathon Rules, as outlined at www.thesfmarathon.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.