By signing this document, I am voluntarily agreeing to the following:
I will be participating in various high risk and hazardous activities and events in connection with my affiliation with "WorthTheRun." In participation of WorthTheRun by WorthTheRun, LLC (who are together referred to as the "WorthTheRun" in this agreement), I have entered into this agreement and agreed to all of the matters stated in this agreement.
I acknowledge, understand, and agree that my participation in activities and events relating to WorthTheRun will involve risky, dangerous and hazardous activities. For example, I may participate in activities including (without limitation) running, hiking, biking, swimming, using exercise equipment, and lifting heavy weights. I voluntarily and fully accept and assume all of the risks relating to my participation in activities and events relating to WorthTheRun, even if arising from negligence of the persons released from liability below.
I understand that the WorthTheRun Supporters, directly and/or through independent contractors or third parties, may provide various services, materials and equipment in connection with activities and events. These services and equipment might include, but are not limited to: operation and management; financial support; transportation to, from and around the sites; and furnishing and set-up of equipment and outfitting for events. I voluntarily and fully accept and assume all of the risks related to the use of any provided equipment, wardrobe, materials and/or services.
I acknowledge and agree that, should I undergo any medical treatment or procedures, including without limitation any medical treatment or procedures relating to injuries or damages suffered in connection with the activities or events relating in any way to WorthTheRun, theWorthTheRun Supporters are not responsible for any liabilities or costs in connection with or arising from such treatment or procedures. I acknowledge that I am solely responsible for maintaining my own health, property and liability insurance.
As used below in this agreement, the term "Releasing Parties" means and refers to each of me, my heirs, next of kin, spouse, spousal equivalent, guardians, legal representatives, executors, administrators, successors and assigns.
As used below in this agreement, the term "Released Parties" means and refers to each of WorthTheRun and WorthTheRun, LLC, and to their respective subsidiary entities, successors, assigns, directors, officers, employees, agents, attorneys, contractors, partners, shareholders, representatives and members.
To the maximum extent permitted by law, I and the other Releasing Parties hereby irrevocably agree that I and the other Releasing Parties will not sue or assert any claim or cause of action (whether in law, equity or otherwise) against any of the Released Parties for or in connection with any injury, illness, damage, loss or harm to me or my property, or my death, howsoever caused, and such unknown and unsuspected claims. I and the other Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Notwithstanding such provisions, this agreement and release shall constitute a full release in accordance with its terms. I and the other Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this agreement and release and the settlement which leads to it, and without such waiver the settlement would not have been accepted. I and the other Releasing Parties hereby represent that I and they have been advised by legal counsel, or have been provided ample opportunity to be advised by legal counsel, and understand and acknowledge the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.
I acknowledge and agree that this agreement is intended to operate and be construed as broadly as possible under applicable law. Accordingly, to the extent that any of the provisions of this agreement and release, or any portion of any provision, shall be found to be illegal or unenforceable for any reason, that provision or portion of a provision shall be modified or deleted in such a manner so as to make this release as modified legally enforceable under applicable laws, and the balance of the release shall not be affected by that modification or deletion.
I HAVE BEEN GIVEN AMPLE OPPORTUNITY TO READ, AND I HAVE CAREFULLY READ, THIS ENTIRE AGREEMENT AND THAT I AM AGREEING TO THE ABOVE STATED THROUGH THE SUBMISSION OF MY APPLICATION FOR AN USER PROFILE.