Event Info

Name:
Long Beach Marathon 2023

Event Date:
Sun Oct 15, 2023

Contact Volunteer Coordinator:

Description:
Run it. Bike it. Own it. Experience your Fall race course that combines spectacular oceanfront views, charming seaside communities and the metropolitan feel at the start and finish line.

Additional Info:
Volunteers under 14 must be accompanied by an adult.

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X	Volunteer Shift	Date	Time	Check-In Location	Spots Left
	E10 Water Station Mile 10	Sun Oct 15, 2023	5:00 AM - 11:00 AM	Ocean Blvd & Pomona Ave	10

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Waiver

Event Name: Long Beach Marathon 2023. Event Location: Long Beach, CA. Event Dates: 10/12/23-10/15/23.

PART ONE

For and in consideration of USA Track & Field, Inc. (“USA Track & Field” or “USATF”) allowing me, the registrant, to participate in the USA Track & Field sanctioned event I am registering for herein (the “Event” or “Events”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);

1. I hereby represent that (i) I am at least eighteen (18) years of age (or this Agreement is also agreed to by my parent, natural guardian, or legal guardian (the “Guardian”)); (ii) I am in good health and in proper physical condition to participate in the Event; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Event. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Event, that I am responsible for my own safety and well-being at all times and under all circumstances while at the Event site.

2. I understand and acknowledge that participation in track & field, road running, race walking, cross country, mountain, ultra, and trail running Events is inherently dangerous and represents an extreme test of a person’s physical and mental limits. I understand and acknowledge the risks and dangers associated with participation in the Event and sports of track & field and related activities, including without limitation, the potential for serious bodily injury, sickness and disease (including communicable disease), permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect course or track conditions; land, water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event Organizers (as defined in Section 4 below); and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions or the actions or inactions of others participating in or organizing the Event, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties (as defined in Section 4 below).

3. I agree to be familiar with and to abide by the Rules and Regulations established for the Event, including but not limited to the Competition Rules adopted by USA Track & Field and any safety regulations established for the benefit of all participants. I accept sole responsibility for my own conduct and actions while participating in the Event, and the condition and adequacy of my equipment.

4. I hereby release, waive and covenant not to sue, and further agree to indemnify, defend and hold harmless the following parties, as relevant and applicable in each instance: USATF, its members, clubs, associations, sport disciplines and divisions; United States Olympic Committee (USOC); the event directors, the host organization and the facility, venue and property owners or operators upon which the Event takes place; and any other organizers, promoters, sponsors, advertisers, coaches and officials for this Event; law enforcement agencies and other public entities providing support for the Event; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and collectively, the “Released Parties” or “Event Organizers”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys’ fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which may be incurred as the result of such claim, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties, as relevant and applicable in each instance.

5. As a condition of my participation in the Event, I hereby grant USA Track & Field, the event director and host organization a limited license to use my name, likeness, image, photograph, voice, video, athletic performance, biographical and other information (collectively, “Likeness”), in any media platform or format whatsoever, and to distribute, broadcast and exhibit these without charge, restriction or liability, but only for the purposes of advertising or promoting the Event, USATF, or the sport of Athletics. The foregoing grant, however, does not constitute consent for USATF or any third party to use my Likeness in an endorsement of any product or service without my specific written consent.

I hereby warrant that I (or the Guardian, if I am under the age of 18) am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by accepting it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have accepted this Agreement without any inducement, assurance or guarantee, and intend for my acceptance to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

If the participant is under the age of 18, the Guardian hereby agrees to release and discharge the Released Parties as follows: a) The Guardian acknowledges and understands that the Event is inherently dangerous and represents an extreme test of a person’s physical and mental limits. Further, the Guardian acknowledges and understands the Risks, as defined above. b) The Guardian acknowledges the rights waived by both the Guardian and the participant by accepting this Agreement. c) The Guardian acknowledges that the Guardian will indemnify the Released Parties from any and all Liability which may arise out of, result from, or relate in any way to the participant’s participation in the Event, except to the extent caused by the gross negligence and/or willful misconduct of any of the Released Parties.

PART TWO

The individual named below (referred to as "I" or "me") desires to participate in the running race described above (the "Activity") provided by Motiv Servicing Co, LLC (the "Companies") as a volunteer. As lawful consideration for being permitted by the Companies to work as a volunteer in the Activity, I agree to all the terms and conditions set forth in this agreement (this "Agreement").

ASSUMPTION OF THE RISK: I UNDERSTAND THAT MY TIME PARTICIPATING IN THE ACTIVITY MAY INCLUDE ACTIVITIES THAT MAY BE HAZARDOUS TO ME. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANIES.  I UNDERSTAND THE POTENTIAL DANGERS THAT I COULD INCUR IN PARTICIPATING IN THE ACTIVITY, INCLUDING WITHOUT LIMITATION, THE POTENTIAL FOR SERIOUS BODILY INJURY, SICKNESS AND DISEASE, PERMANENT DISABILITY, PARALYSIS AND LOSS OF LIFE; EXPOSURE TO EXTREME CONDITIONS AND CIRCUMSTANCES; CONTACT WITH EVENT PARTICIPANTS, SPECTATORS, ANIMALS OR OTHER NATURAL OR MANMADE OBJECTS; DANGERS ARISING FROM ADVERSE WEATHER CONDITIONS; IMPERFECT COURSE OR TRACK CONDITIONS; LAND, WATER AND SURFACE HAZARDS; EQUIPMENT FAILURE; INADEQUATE SAFETY MEASURES; SITUATIONS BEYOND THE IMMEDIATE CONTROL OF THE COMPANIES; AND OTHER UNDEFINED, NOT READILY FORESEEABLE NOR PRESENTLY UNKNOWN RISKS AND DANGERS.  I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED, AND HEREBY ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, OR DEATH, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANIES OR OTHERWISE, RESULTING FROM THE ACTIVITY.

Waiver and Release: I hereby expressly waive and release the Companies, its officers, directors, shareholders, employees, agents, affiliates, successors, assigns, clubs, sport disciplines and divisions, venue and property owners or operators upon which the Activity takes place, county and state in which the Activity is held; any charities associated with the Activity; and any other organizers, promoters, sponsors, advertisers, coaches and officials for the Activity; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers  (collectively, "Releasees") from any and all liability, claims, demands, actions or rights of action, which are related to, or are in any way connected with, my participation in the Activity, including but not limited to, the negligent acts or omissions of the Companies or any Releasees now known or hereafter known in any jurisdiction throughout the world. I further agree, promise and covenant not to make or bring any such claim against the Companies or any other Releasee arising from or connected with my participation in the Activity and forever release and discharge the Companies and all other Releasees from liability under such claims.

Medical Treatment:  I hereby grant permission to the Companies or its designees to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of my participation in the Activity, including, without limitation, arranging transportation to a hospital or other medical facility, and I hereby assume any and all liability for any medical expenses.  I hereby grant to the Companies and its designees, access to all medical records (and physicians) as needed. I hereby release and forever discharge the Companies and any Releasees from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during the Activity.

Photographic Release: I grant and convey unto the Companies and its sponsors all right, title, and interest in any and all photographic images and video or audio recordings of my participation in the Activity made by the Companies or on behalf of the Companies during the Activity, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.

Indemnification: I shall defend, indemnify, and hold harmless the Companies and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to the Activities.

Compensation: I am participating in the Activity for my own personal reasons, with no expectation of receiving any compensation for my participation.  No one has promised me any compensation in exchange for my participation in the Activity.  I understand and agree that I am not entitled to and will not receive any compensation for participating in the Activity.  Further, I understand and agree that I am not an employee of the Companies or its affiliated companies or charities and that my participation in the Activity will not create an employment relationship of any kind.

Miscellaneous: This Agreement constitutes the sole and entire agreement between the Companies and me with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement, or invalidate or render unenforceable such term or provision in any other jurisdiction.  All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, I HAVE EXECUTED THIS RELEASE WILLINGLY AND I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANIES.

If volunteer is under the age of eighteen (18), I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Agreement.

I agree to the terms of the waiver above. Please type your full name below to serve as an e-signature. If you are under 18 years of age today, your parent/guardian must also type an e-signature agreeing to the terms of the waiver above. No volunteers under 18 may sign up to volunteer without a parent/guardian e-signature.
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