1. I wish to run with the CLIF BAR Marathon Pace Team (“Program”). I understand that by participating in the Program, I will be attending events at facilities and/or locations where hazards could exist, and I am aware of and appreciate the risks that may result from my attendance at any such events held at such facilities/locations.
2. I agree that it is my sole responsibility to determine whether the Program is suitable for me given my level of fitness and any health conditions I previously may have had, currently have and/or may have in the future. With respect to any impact my participation in the Program may have on my health, I acknowledge and agree that I am participating in the Program solely at my own risk.
3. In recognition of the risk of injury to person or damage to property while participating in the Program, and as consideration for being permitted to participate in the Pace Team, I hereby knowingly and voluntarily enter into this waiver and release of liability (“Agreement”) and hereby waive any and all rights, claims, demands, damages, costs (including attorney’s fees), actions or causes of action now existing or which hereinafter may arise as a result of my participation in the Program (collectively, “Claims/Damages”), and, on behalf of myself and my heirs, successors and assigns, do hereby release and forever discharge Clif Bar & Company and its affiliates, managers, members, agents, attorneys, employees, volunteers, heirs, representatives, predecessors, successors and assigns (collectively, “Clif Bar”) from any Claims/Damages, regardless of whether any injury or damage is caused by the negligence of Clif Bar, myself or any third parties, the conditions of the facilities/location of any Program event, including the surrounding areas, or any other cause.
4. I acknowledge that there is a risk that subsequent to the execution of this Agreement, I may incur, suffer or sustain injury, loss, damage, costs, attorneys’ fees, expenses or any of these, which are in some way caused by or connected with the Program and which are unknown and unanticipated at the time this Agreement is signed or which are not presently capable of being ascertained; and further that there is a risk that such damages as are known may become more serious than I now expect or anticipate. Nevertheless, I acknowledge that the waiver and release given pursuant to Paragraph 5 has been agreed upon in light of that realization, and I hereby expressly waive any rights that I may have in such unsuspected claims. In doing so, I understand and knowingly, specifically and expressly, on behalf of myself and my heirs, successors and assigns, waive my rights under California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected the settlement with the debtor.”
5. On behalf of myself and my successors, heirs and assigns, I agree to indemnify and hold harmless Clif Bar against any and all Claims/Damages arising from my participation in the Program, including but not limited to any injury to person, including death, or damage to property I may be alleged to have caused during my participation in the Program.
6. I will read the description and guidelines for participation in the Program, and I will abide by any rules and regulations established by the Program organizers and personnel as well as the applicable laws of any county, city or other jurisdiction in connection with any Program event.
7. I understand that my name, photograph, voice or likeness may be used by Clif Bar in connection with the promotion of the Program. I consent to and authorize, in advance, such use and waive any rights of privacy and/or publicity I may have in connection therewith.
8. I understand and acknowledge that the facts under which this Agreement is made may later be determined to be inaccurate, incomplete or misleading and accept this risk and agree that this Agreement nonetheless shall be, and remain in all respects, binding and effective on me and my heirs, successors and assigns, and not subject to termination or rescission.
I HAVE CAREFULLY READ THIS AGREEMENT REGARDING MY WAIVER AND RELEASE AND FULLY UNDERSTAND AND AGREE TO ITS CONTENTS.
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