Waiver & Disclaimer

By participating in the event, you agree, warrant and covenant as follows:

WAIVER AND RELEASE FROM LIABILITY
San Diego Mud Run, Presented by Skyline Sports

In consideration for allowing me to participate in the 2010 San Diego Mud Run, Presented by Skyline Sports –  I hereby understand, agree and knowingly take the following actions for myself, my executers, administrators, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf:

(a) I acknowledge that the event is an extreme test of a person’s physical and mental limits and carried with it the potential for death, serious injury and property loss;

(b) I acknowledge that certain detrimental physiological changes may occur while I participate in the event, including but not limits to, heat related illness; abnormal heart beat; abnormal blood pressure; and, in rare instances, heart attack;

(c) I acknowledge that there may be motor vehicle traffic, spectators, volunteers and other competitors on the event course;

(d) I certify that I am physically fit and have not been advised against participation in the event by a qualified health professional, and that I have either (1) consulted my physician with respect to my participation in this event and/or (2) determined that I am sufficiently experienced, fit and otherwise able to participate notwithstanding any existing physical condition;

(e) I assume all risks associated with the event, including, but not limited to falls, contact with other participants, effects of weather including heat or humidity, defective equipment, the condition of the roads, hazards posed by spectators and volunteers; terrain; my personal physical condition; vehicles; and lack of hydration;

(f) In connection with the event, I forever release, acquit and discharge from all known obligations, losses, damages, liabilities, injuries, claims, demands, actions, causes of actions and expenses, including without limitation, attorney’s fees and costs, the following persons or entities: Skyline Wesleyan Church, its officers, directors, pastors, staff, instructors, race directors, event producers, volunteers, and the officers, directors, employees representatives and agents of the above;

(g) In connection with the event, I specifically acknowledge and agree not to sue Skyline Church or any of the person or entities mentioned in paragraph(g) above for any of the claims, losses, or liabilities that I have waived releases and discharged herein, and including any other claims, losses, or liabilities not specifically enumerated herein;

(h) In connection with the event, I indemnify and hold harmless Skyline Church and all other persons or entities mentioned above in paragraph (g) above from any and all claims made or liabilities assesses them as a result of:
(i) My actions or inactions;
(ii) The actions, inactions or negligence of others including those parties herby indemnified;
(iii) The conditions of the facilities, equipment, or areas where the event or activity is being conducted;

(i) I grant permission to the persons or entities indicated in this Waiver for the use of my name an/or likeness relating to my participation in the event, and I waive all rights to any future compensation to which I may other wise be entitled as a result of the use of my name or likeness.

By my signature below, I affirm that I am a competitor in the 2010 San Diego Mud Run, and that I am eighteen (18) years of age or older, that I have read the attached document, that I understand its contents and that I intend to execute that document;

OR

By my signature below, I affirm that I am the natural parent or legal guardian of the competitor under eighteen (18) years of age whose name appears on the same line as my signature, that I have legal capacity to act on behalf of that named minor, that I have read the attached document, that I understand its contents, and that I have executed the attached document on behalf of the named minor.

WAIVER AND RELEASE FROM LIABILITY-

PLEASE SIGN BELOW showing you acceptance of the hold harmless waiver.

1. Authority to Register and/or to Act as Agent. You represent and warrant to The Active Network, Inc. (“Active”) that you have full legal authority to complete this event registration on Active, including full authority to make use of the credit or debit card to which registration fees will be charged. In addition, 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 performing this event registration. By proceeding with this event registration, you agree that the terms of this Registration Agreement shall apply equally to you and to any third parties for whom you are acting as agent. Compliance with Children’s Online Privacy Protection Act (COPPA). You represent and warrant that, in compliance with COPPA, you are over thirteen (13) years of age, and that if you are registering a child under fourteen (14) years of age you are the parent of such child, and do hereby consent to the collection of such child’s personal information by Active.

2. Limitation of Liability; Disclaimer of Warranties. ACTIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE ACTIVE 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 ACTIVE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF ACTIVE IS AT YOUR SOLE RISK. ACTIVE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Active makes no warranty that the Active sites’ services will be uninterrupted, secure or error free. Active does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Active sites. Active is 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 through the use of the Active sites 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.

3. Indemnification. You agree to indemnify and hold each of Active and its officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Active or the violation of any term of this Liability Waiver or the Active Terms of Service by you.

4. Applicable Law; Consent to Jurisdiction. The Active sites (excluding linked sites) are controlled by Active from its offices within the State of California, United States of America. By completing this event registration, both you and Active agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Liability Waiver, or other use of the Active sites. You agree that exclusive jurisdiction for any dispute with Active resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving Active or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

5. Severability. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.

6. Synapse shall only use any Personal Identifying Information (as defined below) for the purpose of order processing, fulfillment, customer service, and renewal purposes. Synapse shall not use any Personal Identifying Information for marketing or solicitation purposes or for any other purpose not explicitly permitted in this Agreement. “Personal Identifying Information” shall include any information about users of Active’s website provided to Synapse by Active or any information provided to Synapse by registrants, magazine subscribers or other users of Active’s website.

More Details & Info

Additional Information

Fees:
5K – $40 per person from 1/11 through 3/18, $50 after 3/18.

Kids Mini Mud – $10.

Note: any changes from teams to individuals will be charged a $5 transfer fee.

COURSE & CATEGORIES: The San Diego Mud Run is a challenging 5K run with hills, mud pits, fire hoses, 3-foot wall hurdles, tunnel crawls, slippery hill climbs, did we mention MUD and a few mystery obstacles! View the course map at www.SanDiegoMudRun.com(click course). Race individually, within multiple age divisions, or as a member of a 4-person team.

FUNDRAISING: This charity fundraiser raises money that benefits children’s programs with the Sonshinehaven.org (an after school program) all programs and services offered by Skyline Sports and Rescue Task Force, a world relief organization. THANK YOU FOR BEING A PART OF THIS AWESOME RACE!