SANTA BARBARA ENDURANCE RUN (SBER)
100 MILE & 100 KILOMETER
ATHLETE AKNOWLADGMENTS, NOTICES, RELEASE OF LIABILTY AND INDEMNITY AGREEMENT
PLEASE READ THIS 4 PAGE DOCUMENT CAREFULLY BEFORE SIGNING (OR DIGITALLY AGREEING TO). BY SIGNING (OR DIGITALLY AGREEINGTO) YOU ARE GIVING UP CERTAIN LEGAL RIGHTS. DO NOT SIGN IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS
I. Acknowledgement of Risks & Responsibilities
II. Open Route Course, Roads & Vehicle Traffic
III. Athlete’s Health
IV. Medical Support
V. Unable to Finish (DNF)
VII. Cancellations, Refunds, Transfers and Deferments
VIII. Consent to Use
IX. Authority to Register and/or to Act as Agent
X. Agreement of Limitations, Liability and Indemnification
XII. Accuracy Policy
XIII. Periodic Updates, Revisions & Review
XIV. Contact Information
XV. Effective Date
I. AKNOWLADGEMENT OF RISKS & RESPONSIBILITIES
I understand that it would be impossible for SBER and Race Corps Foundation to list all possible risks that could result in MY SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS OR DEATH in the Assumption of Risks and Knowledge Release; the SBER Participant’s Guide; and the SBER website. Nevertheless, I AGREE TO ASSUME ALL RISKS AND RESPONSIBILTIES THAT MAY RESULT IN MY SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS OR DEATH AND COSTS ASSOCIATED with or the result from my participation in the SBER
I understand that participation in the SANTA BARBARA ENDURANCE RUN (SBER) can be HAZARDOUS and that I have made a voluntary choice to do so despite the risks and responsibilities presented. In consideration for being permitted in the SBER, I AGREE TO ASSUME ALL RISKS AND RESPONSIBILTIES THAT MAY RESULT IN MY SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS OR DEATH AND COSTS ASSOCIATED with or the result from my participation in the SBER
I understand that my participation in the SBER open course route involves risks including but not limited to running extremes of elevation gain/ loss, day or night on difficult, rugged, hazardous mountainous trails, OHV routes, fire roads with treacherous footings, step drop off’s, water crossings; poison oak; venomous snakes; lack of water; communicable diseases; wildlife; other natural or man-made elements; and paved vehicle roads without barricades or attendants; in remote areas of the Los Padres National Forest where it can be possible to get lost; during periods of soaring heat temperatures, dense coastal marine fog, rain and lightning with hazards that included but not limited to loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, pedestrians, vehicles, or other natural or manmade objects; imperfect course conditions; equipment failure; inadequate safety measures; participants of varying skill levels; for a distance of 100 miles or 100 kilometers with a maximum allotted time of 36 hours and that I understand that these exposures may result in MY SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS OR DEATH AND COSTS ASSOCIATED with or the result from my participation in the SBER
II. OPEN ROUTE COURSE, ROADS & VEHICLE TRAFFIC
To enable my participation in the SBER event, permits to use the open spaces and public are required from multiple local, state and federal agencies. The SBER event is hosted entirely on an open route course which presents known and unknown risks including but not limited to vehicular traffic exposure and other hazards attendant to running along or across roadways during the day or night.
I also assume the cost of providing medical care, treatment or rescue for me, my crew, and my supporters in the SBER if any medical care, treatment, or rescue are necessary, whether it is a result of my actions or inactions or the actions or inactions of others including the SBER and Race Corps Foundation or any of the Event Entities (as described below). I state that I have thoroughly read and understand the entire SBER Participant’s Guide and accept the rules, conditions, and regulations of the event and will comply with them. I acknowledge that I am responsible for myself, my pacer, and my crew and can be disqualified for my or their violations of the rules.
I also understand that I may become injured or incapacitated in a location where it is difficult or impossible to get medical aid to me in time to avoid additional physical injury or death
III. ATHLETE’S HEALTH
I hereby represent I am in good health, that I have sufficiently trained for SBER, and that there are no special issues or problems associated with my medical condition or care that might arise during SBER or that medical caregivers should know about. I am aware that I should not participate in SBER unless a). I am in excellent physical condition, b) I have previously run ultra-marathon distances (50 miles or more) on rugged hills, and c) I have recently had a complete physical examination, and have explained to my physician the stress which I intend to place on my body. I have thoroughly read the
Athlete Medical and Risk Factors section in the SBER Participant's Guide. If there are any special needs or instructions related to my health or care; I will provide such instructions in writing at the time of my registration to SBER.
IV. MEDICAL SUPPORT
I consent in advance to any medical treatment that SBER volunteer or paid medical personnel deem necessary during SBER and assume the risk of such treatment. I understand that the provision(s) of medical care during SBER does not obligate SBER to provide such care, or if initiated to continue providing such care. For emergency treatment, I authorize SBER officials to give medical information about me to any medical or paramedical personnel, including hospital staff, and authorize those individuals to give medical information about me to the SBER medical director or SBER race director. To ensure communication of emergency medical information to me or my crew, I authorize SBER officials to disclose my name and condition as they deem necessary or appropriate. I agree that once I have been handed off by SBER officials to an ambulance, paramedics, or other medical providers or transported to a medical facility or hospital, SBER will have no further responsibility for me and I agree to pay all costs associated with such medical care and transportation and
I understand that any medical research related to my participation in SBER may be presented or published but my name or identity will not be revealed without my permission
I agree that the SBER race director has the absolute discretion and authority to determine whether I (or any registered runner) may start or continue SBER at any time if in the judgment of such person, the safety of the runner, the safety of other participants, the progress of the safety sweeps, or the the safe execution of SBER is in jeopardy. Any such decision shall be final and not subject to appeal.
V. UNABLE TO FINISH (DNF)
I understand that if I am unable to finish the SBER I must personally inform the aid station captain of the nearest checkpoint of my decision to withdraw. I AGREE TO FORFIET MY ATHLETE WRISTBAND TO THE AID STATION CAPTAIN AT THAT TIME. I understand my Athlete Wristband serves as official notice of my withdrawal from SBER. I agree to not leave the course without turning in my Athlete Wristband and understand that failing to do so I will be classified as “lost,” thereby activating the Santa Barbara Ranger Dist. LPNF and Santa Barbara County Search and Rescue unit. I agree that expenses incurred searching for me will be invoiced to me at a minimum rate of $1,000.00 per hour and shall be my responsibility to pay.
I understand that SBER operates a limited schedule shuttle service to; a) shuttle pacers, crew or guests from the Athlete Village at Santa Barbara High School to meet their runner at either Gibraltar, Cold Springs, Camino Cielo and Romero Camuesa Aid Stations, b) shuttle DNF runners, pacers, crew or guests from Romero Camuesa, Camino Cielo, Cold Springs and Gibraltar Aid Stations to the Athlete Village at Santa Barbara High School. I understand that a fee of $25.00 is required if I elect to use the shuttle service and the fee is not included in my SBER online registration fee. A one-time fee of $25.00 is required for each pacer, crew or guest as well.
VII. CANCELATIONS, REFUNDS, TRANSFERS, AND DEFERRMENTS
I understand that entry fees are necessary to meet the costs of preparation months in advance of SBER, and that if SBER is cancelled because of fire, drought, storms, snow, loss of permits, closure by federal, state, or local governmental agencies, acts of God, or any other circumstances beyond the control of SBER, the entry fee will not be refunded and SBER and the Race Corps Foundation will not he held liable to return such fees.
A. Refunds - SBER does not issue refundsB. Transfers - SBER does not issue transfersC. Deferments – SBER will issue a deferment to each registered athlete in the occurrence that the event was canceled. Deferment shall be valid for the next SBER
VIII. CONSENT TO USE
It is my knowledge that SBER and Race Corps Foundation and or those authorized agents by SBER and Race Corps Foundation will be taking photographs and or making audio and or video recordings of the SBER and its other related otherwise scheduled or unscheduled events. I hereby grant irrevocable permission to SBER and Race Corps Foundation, and to any media covering the SBER and their authorized agents, contractors and representatives, to use for any lawful purpose my names, comments, photographs, videotapes, motion pictures, broadcasts, telecasts, websites, recordings or any other records or account and likeness or account related to my participation in the SBER, without notice, approval, compensation or restrictions.
IX. AUTHORITY TO REGISTER AND/OR TO ACT AS AGENT
SBER and Race Corps Foundation shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from (a) the use or the inability to use the sber registration sites or (b) for the cost of procurement of substitute goods and services or (c) resulting from any goods or services purchased or obtained or transactions entered into through the SBER registration site(s) or (d) resulting from unauthorized use of or alteration of your transmissions or data,
including but not limited to, damages for loss of profits, use, data or other intangibles, even if race corps has been advised of the possibility of such damages. You expressly agree that use of any SBER affiliated site is at your sole risk. All information posted on a race corps registration site(s) is provided on an ‘as is’ and ‘as available’ basis. SBER and Race Corps Foundation expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a purpose or non-infringement.
SBER and Race Corps Foundation make no warranty that the SBER registration site(s) services will be uninterrupted, secure or error free. SBER and Race Corps Foundation do not guarantee the accuracy or completeness of any information in, or provided about, the SBER registration site(s). SBER and Race Corps Foundation are not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained using the SBER registration site(s) is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
I represent and warrant to SBER and Race Corps Foundation and its assigned online registration transaction services that you have full legal authority to complete this athlete registration on behalf of yourself, including full authority to make use of the credit or debit card to which registration fees will be charged.
X. AGREEMENT of LIMITATIONS, LIABILITY and LIABILITY
In consideration of the aforementioned risks and responsibilities that I shall assume for being permitted to participate in the SBER, I AGREE TO RELEASE FROM ALL LEGAL LIABILITY, INDEMNIFY AND HOLD HARMLESS AND AGREE NEVER TO SUE the officers, employees, and agents of the U.S. Forest Service, the State of California; California Dept. of Transportation, County of Santa Barbara, County of Santa Barbara Public Works, County of Santa Barbara Community Services, City of Santa Barbara, City of Santa Barbara Parks and Recreation, City of Santa Barbara Police, Santa Barbara Unified School District, SBER, Race Corps Foundation; any official sponsor or promoter of SBER; all medical, research, and other personnel assisting with the SBER, any other person or entity connected with SBER; and all of their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, landowners, parent and subsidiary companies, affiliated companies, and any other areas or facilities where SBER takes place (collectively, the “Event Entities") for any damage, injury, or death to me or to any other person or property, and for injury or death resulting from my participation in SBER, including travel to, from, or during the SBER, regardless of the cause including the alleged NEGLIGENCE of SBER, Race Corps Foundation, or any of the Event Entities. I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the SBER and Race Corps Foundation, and the Event Entities for any claims, lawsuits, damages, attorney fees, costs, or judgments arising out of my participation in the SBER. This release extends to all claims of every kind and nature whatsoever, whether known or unknown, and I expressly waive any benefits I may otherwise have under Section 1542 of the Civil Code of California, otherwise protecting me from the release of unknown claims.
I further agree that I have informed my heirs, assigns, and legal representative that I have voluntarily accepted the terms of this RELEASE OF LIABILITY AND INDEMNIFICATION TO HOLD HARMLESS and in doing so informing them I have AGREED TO ASSUME ANY AND ALL RISKS AND RESPONSIBILTIES THAT MAY RESULT IN MY SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS OR DEATH AND COSTS ASSOCIATED with or the result from my participation in the SBER and in doing so have waived ALL MY HEIRS, ASSIGNS, AND LEGAL REPRESENTATIVE THE RIGHT TO SUE OR MAKING ANY CLAIM FOR DAMAGES IN THE EVENT OF MY SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS OR DEATH AND COSTS ASSOCIATED with or the result from my participation in the SBER
I UNDERSTAND THIS RELEASE OF LIABILTY AND INDEMNIFICATION TO HOLD HARMLESS AGGREEMENT IS VALID FOREVER, I understand that this RELEASE OF LIABILITY AND INDEMNIFICATION TO HOLD HARMLESS AGGREEMENT will prevent me and my heirs, assigns, and legal representatives from suit or making any claim for damages in the event of injury or death to me.
Additionally, in the event I file or my legal representative files a claim or lawsuit related to my participation in the SBER, I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SBER and Race Corps Foundation and the Event Entities for any damages, attorney's fees, and costs arising out of such a claim or lawsuit. With a full understanding of this agreement, I nevertheless enter it freely and voluntarily and agree that it is binding upon me, my heirs, assigns, and legal representatives.
I understand and agree that this agreement is severable and that if any clause is found to be invalid, the balance of the agreement and waiver will remain in effect and will be valid and enforceable. I agree that any action related to this Agreement will be brought in the County of Santa Barbara, State of California, or alternatively, in a court of competent jurisdiction in the State of California. Any disputes will be subject to and determined under the laws of the State of California.
THE ESSENCE OF THE SBER ATHLETE AGGREEMENT AND WAIVER THAT SANTA BARBARA ENDURANCE RUN AND RACE CORPS FOUNDATION PRESENTS EXTREME KNOWN AND UNKOWN RISKS FOR WHICH I FREELY AND VOLUNTARLY AGREE TO BE SOLELY RESPONSIBLE, TO ENABLE THIS EVENT TO TAKE PLACE AND ENABLE MY PARTICIPATION IN IT
XII. ACCURACY POLICY
I understand that SBER and Race Corps Foundations strive to have the most current and accurate information posted to the event web site and social sites. Some sources, however, may not provide the most current information pertaining to an events latest changes or revisions.
I agree that SBER and Race Corps Foundations shall not be responsible for the accuracy of information and content of websites provided by other entities via specific or public domain information sources. Third parties may change, edit or update information without notifying SBER and Race Corps Foundation and, therefore, I agree to not hold SBER and Race Corps Foundation accountable for the information.
XIII. PERIODIC UPDATES, REVISIONS AND REVIEW
I understand that SBER will post updates and information revisions to the event web site and social sites. I understand that I am solely responsible for knowing the current posted information, including any last-minute changes to the course and will be responsible for cost associated with my rescue in the event I become lost.
XIV. CONTACT INFORMATION
RACE DIRECTORRobert Gilcrest(805) 896-6917Robert at racecorps dot org
Santa Barbara Endurance RunC/O Race Corps FoundationPO box 4445Santa Barbara, CA 93140
admin at Race Corps dot org
Fax (805) 617-0725
XV. EFFECTIVE DATE
SBER (100 Mile & 100K) Athlete Agreement Waiver was last modified on October 26, 2016