PARTICIPANT ACCIDENT WAIVER AND RELEASE OF LIABILITY Release of Claims. In consideration of your acceptance of my entry in The Biofreeze San Francisco Marathon® events, of my own free will, I, for myself, my heirs, next of kin, executors, administrators, successors, assigns and personal representatives, hereby (A) forever waive, release and give up all claims, demands, liability, damages, costs, expenses of any kind whatsoever and I agree not to sue any San Francisco Marathon events partner including, but not limited to, The Biofreeze San Francisco Marathon, Inc., Jumping Fences, Let’s Sweat, Committed 2 Community, UCSF Medical, any sponsor, ambassador, organizer, volunteer, volunteer organization, co-participant, contractor, subcontractor or administrator of The Biofreeze San Francisco Marathon events, the National Park Service, GGNRA, San Francisco Recreations and Park Department, San Francisco Department of Justice, U.S. Government Dept. of Army, U.S. Army Presidio, the Presidio Trust, City and County of San Francisco, Golden Gate Bridge Highway and Transportation District, Cal Trans, Port of San Francisco, State of California, and any benefiting charity, California Highway Patrol or Dept. of Transportation or any officer, director, employee, representative, agent, contractor or subcontractor or of any of the foregoing with respect to any claim that may arise in connection with The Biofreeze San Francisco Marathon events or any related activity or my participation therein, including any and all claims of death, disability, personal injury, property damage, property theft and (B) Indemnify and Hold Harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made by other individuals or entitles as a result of any of my actions during The Biofreeze San Francisco Marathon events. I acknowledge that this athletic event is an extreme test of a person's physical and mental limits and carries with it the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, and lack of hydration. These risks are not only inherent to athletics, but are also present for volunteers. I hereby assume all of the risks of participating &/or volunteering in this event. I certify that I am physically fit, have sufficiently trained for participation in The Biofreeze San Francisco Marathon events and have not been advised otherwise by a qualified medical person. I understand that The Biofreeze San Francisco Marathon events are dangerous activities, that no warranty is made concerning their safety or that of the locales where they are run and that traffic control terminates based on a 6-hour runner marathon finishing time. I hereby assume all risk in connection with my participation in The Biofreeze San Francisco Marathon events and related activities, including traveling to or from the event, even if caused in whole or in part by the negligence or other fault of the parties or persons I am hereby releasing, by the dangerous or defective condition of any property or equipment owned, maintained, or controlled by them and/or because of their liability without fault. I fully understand I am forever giving up, in advance, any right to sue or make any claim against the parties I am releasing if I suffer such injuries and damages, even though I do not know what or how extensive those injuries and damages might be, and am voluntarily assuming the risk of such injuries and damages. I understand that the date, time and location (including the course route) of The Biofreeze San Francisco Marathon events are subject to change without notice. A change to the race course may include not running across the Golden Gate Bridge, or only running on the sidewalks of the Bridge as opposed to the road. I further understand that there is no registration fees refund and fees are non-transferable to another person or year. I further understand that the fee is nonrefundable if the event is cancelled due to the threat of or acts of God, war, terrorism, disaster, earthquake, government regulation/permitting and/or for economic/financial reasons. I understand that there will be a $10 charge to switch to another San Francisco Marathon event or wave start plus any additional fees of the new event. If I downgrade in fees, there will be no refund of the difference and the $10 event change fee will still apply. 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. If I am a minor then the undersigned parent/guardian gives permission to a designated MD, RN, EMT, Paramedic, or emergency service providers to provide me with medical attention in the case of an injury or medical problem during my participation in The Biofreeze San Francisco Marathon and all other related events. The parent/ guardian signing below also agrees to all other Waiver terms herein. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident and or illness during The Biofreeze San Francisco Marathon events. I understand that at The Biofreeze San Francisco Marathon events or related activities, I may be photographed and filmed. I agree to allow my name, photo, video or film likeness to be used for any legitimate purpose by The Biofreeze San Francisco Marathon and its affiliates, producers, partners, sponsors, organizers and or assigns. This Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I agree to abide by all of The Biofreeze San Francisco Marathon Rules, as outlined at www.thesfmarathon.com. If I do not abide by these rules, then I understand I could be penalized. Further, as part of the registration process, I understand that I am providing The Biofreeze San Francisco Marathon, Jumping Fences Inc. and their affiliates my name, e-mail address and potentially other personal information about myself. I understand and agree that my personal information may be shared with third party vendors that assist with the event. I hereby certify that I have read this document; and, I understand its contents. RUN 365 TRAINING PROGRAM WAIVER SECTION: I understand and agree to the following if I am also registering for the Official San Francisco Training Program Run 365. In consideration of being allowed to participate in The Biofreeze San Francisco Marathon Training Program Run 365, in addition to the payment of any fee or charge, I do hereby forever waive, release and discharge Committed 2 Community, Jumping Fences, Let’s Sweat, San Francisco Marathon, Inc, and their officers, agents, employees, representatives, executors and all others acting on their behalf from any and all claims or liabilities for injuries or damages to my person and/or property, including those caused by negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with participation in any activities, programs or services of The Biofreeze San Francisco Marathon Training Program Run 365 at various sites, including roads, parks or my residence, and including any exercise equipment provided by and/or recommended by The Biofreeze San Francisco Marathon Training Program Run 365. I have been informed of, understand and am aware that running, strength, flexibility and aerobic exercise, including the use of equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that fitness activities and using equipment with full knowledge, understanding the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death. I do hereby further declare myself to be physically sound and suffering from no condition impairment, disease, infirmity or other illness that would prevent my participation in these activities or use of equipment. I do hereby acknowledge that I have been informed of the need for a physician’s approval for my participation in the exercise activities, programs and use of exercise equipment. I also acknowledge that it has been recommended that I have a yearly or more frequent physical examination and have been given my physician’s permission to participate or I have decided to participate in the exercise activities, programs and use of equipment without the approval of my physician and do hereby assume all the responsibility for my participation in said activities, programs and use of equipment. I understand that The Biofreeze San Francisco Marathon Training Program, Run 365, providing and maintaining an exercise/fitness program for me does not constitute an acknowledgement, representation or indication of my physiological wellbeing or a medical opinion relating thereto. Fees are non-transferable to another person or year. There will be a $10 charge to switch to another training program plus any additional fees of the new program. If I downgrade in fees, there will be no refund of the difference and the $10 event change fee will still apply. I hereby consent to the use by The Biofreeze San Francisco Marathon Inc., The Biofreeze San Francisco Marathon Training Program, Run 365, and its permitees of my name, photograph, and likeness in connection with my participation in the marathon & related activities. FUNDRAISING OPTIONS SECTION: I understand the following if I am participating in any of the fundraising programs with The Biofreeze San Francisco Marathon™, The Biofreeze San Francisco Marathon Training Program Run 365, Cause to Run™, Run for Charity. All contributions, whether checks or credit cards, must be given to The Biofreeze San Francisco Marathon on or before the fundraising deadline in order to receive the refund of race registration, and/or training program registration. I understand that all contributions processed by The Biofreeze San Francisco Marathon office are non-refundable, even if I do not complete The Training Program or participate in the Marathon. If I have not met the minimum fundraising requirement by the fundraising deadline, I may make my own donation to reach that minimum, or I will not receive the registration refund and/or training program refund. I also understand that any money raised through this program, and raised using the name of “The Biofreeze San Francisco Marathon”, must be turned over to The Biofreeze San Francisco Marathon.