EVENT DATE: NOVEMBER 02,2024

In consideration of the services of Santa Cruz Island Eco Extreme Half Marathon, AKA 21K, 13.3 mile run. The separate organizations of The Nature Conservancy, The National Park Service , USA Track & Field, Island Packers, Upper Ojai Search and Rescue Inc , Aloha Steakhouse, University California Santa Barbara, Topa Topa Brewery, Santa Cruz Island Foundation, Opolo Winery, Ventura County Sheriff, Search and Rescue, UCSB,  all of their officers, agents, employees, volunteers and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as SAR)

I agree as follows:

Although the independent organizations listed above and the Ventura County SAR Upper Ojai Team, SAR collectively has taken reasonable steps to provide me with appropriate information, skilled event directors, and volunteers for the Santa Cruz Island Eco Extreme Half Marathon, AKA 21K and known also as a run or race, so I can enjoy this activity for which I may not be skilled, and SAR has informed me this activity is not without risk. Certain risks are inherent in this running and sport activity, and cannot be eliminated without destroying the unique character of the sport activity. These inherent risks are some of the same elements that contribute to the unique character of this sport activity and can be the cause of death, loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. SAR does not want to frighten me or reduce my enthusiasm for this activity but believes it is important for me to know in advance what to expect and to be informed of the inherent risks.

The following describes some, but not all, of those risks. Wilderness running is dangerous. Trails are often unmaintained and can cause injury or death.

Ocean transportation is necessary and is dangerous, I understand the risks of open water and no lifeguards available for rescue, and water temperatures are chilly.

Swimming in an emergency may be necessary.

I am aware that my participation entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death.

I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate despite and with full knowledge of the inherent risks.

I acknowledge that engaging in this Sport activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of SAR has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.

I acknowledge that I have read the information provided by SAR that is related to the nature and physical demands of this running and ocean activity and the inherent risks, hazards, and dangers associated with this activity.

I acknowledge that emergency medical care may delayed.

I certify that I am fully capable of participating in this wilderness run and ocean-going activity. Therefore, I assume and accept full responsibility for myself, including all others in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.

I have carefully read, clearly understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representative, and estate and for all members of my family, including minor children.

For and in consideration of SAR, 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”);

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 take part 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.

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.

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, SAR 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.

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: The Nature Conservancy, UCSB, SAR, Santa Cruz Island Foundation, Topa Topa Brewery, Opolo Winery, Aloha Steakhouse, University of California Santa Barbara, Island Packers, 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.

As a condition of my participation in the Event, I hereby grant SAR, USA Track & Field, the event director, assisting organizations, 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, SAR, USATF, or the sport of Athletics. The foregoing grant, however, does not constitute consent for SAR, 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 Iam 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.

RUNNING CAN BE DANGEROUS

CONTINUE ON READING THESE ADDITIONAL TERMS AND SIGN BELOW AND SUBMIT.

Important notice to Spanish-speakers: There is a Spanish version of this form which you may use. If this form is difficult for you to understand, in whole or in part, please ask us for the version in Spanish so that you can review, complete, and sign it.

 

Aviso importante para las personas que hablan español: Ponemos a su disposición una versión en español de la presente Declaración. En caso de que la presente versión en inglés le sea difícil de entender en todo o en parte, por favor solicítenos una versión en español para que la revise, llene y firme.

 

The undersigned person (“Participant”) is being allowed by The Nature Conservancy, a District of Columbia non-profit corporation (“TNC”) to participate in certain activities (the “Activities”) at Santa Cruz Island (including the surrounding waters and airspace, the “Island”), as an employee, student, contractor, or invitee of the University of California (“UC”), on the portion of the Island which is owned by TNC (including the surrounding waters and airspace, the “SCI Preserve”), under the terms of a cooperative agreement between TNC and UC, dated originally as of March 28, 2012 (as amended from time to time, the “Cooperative Agreement”). In consideration for being given permission to enter the SCI Preserve and participate in the Activities, Participant (acting through and/or with the consent of his/her legal guardian, if the Participant is a minor or the subject of a guardianship), agrees as follows:

 

1. Activities. I understand and agree that the Activities include my travel (whether over land or water, or by air) to and from the SCI Preserve, and that this form is intended to cover all of my trips to the SCI Preserve (if more than one). I agree to familiarize myself with, and comply with the terms of, the Cooperative Agreement, under which I am being permitted to enter the SCI Preserve and participate in the Activities; I agree to restrict my use of the SCI Preserve to the Activities which are permitted under the Cooperative Agreement, both as to the extent of the Activities and their timing, and I understand and agree that I will have no other right to enter the SCI Preserve, now or in the future, until and unless I receive explicit written permission to do so from TNC.

 

2. Dangers of Participation. I fully recognize the dangers of participating in the Activities, and I voluntarily assume all risks associated with my participation in the Activities. I understand that the dangers that I may encounter in connection with the Activities include, by way of example only and without limitation: Hantavirus Pulmonary Syndrome, wild animals, slippery rocks and soils, sea sickness, boating accidents, vehicular accidents, aircraft accidents, high surf, strong ocean currents, steep cliffs, cactus spines, non-potable water, mold, yellow jackets, bees, mice and other rodents carrying certain diseases, marine animals, harsh and quickly changing weather conditions, risks of landslides or other earth movement, poison oak, stinging nettles, ticks, falling branches, unimproved roads, and other rugged land, air, and sea conditions. In addition, I acknowledge that the structures located at the SCI Preserve may not be in compliance with seismic stability laws, and are susceptible to damage in the event of seismic activity at the SCI Preserve.

 

3. Lack of Medical Care and Facilities. I realize that, in participating in the Activities, there is a risk of my becoming seriously ill or injured in an area remote from medical care, and that TNC cannot guarantee the availability of emergency medical services or emergency transportation to medical facilities.

 

4. Rules of Participation. I have familiarized myself with the rules applicable to use of the SCI Preserve which are listed on Schedule 1 attached hereto (which is incorporated herein by this reference), of which I have been given a copy to keep. I acknowledge that such rules apply to me in all cases, and I agree that I will comply with such rules, and with all instructions posted on signs at the SCI Preserve, as well as with all instructions given by TNC personnel at the SCI Preserve; except to the extent (if any) that explicit written permission to deviate from such rules has been given to me by TNC, or: (i) the Cooperative Agreement explicitly provides for deviation from such rules; and/or (ii) it is reasonably necessary for me to make such a deviation in order to perform as required under the Cooperative Agreement.

 

5. Health of Participant and Familiarity with Equipment. I have been properly instructed in, and understand the use of, any equipment which I am to use in the Activities. I also realize that my participation in the Activities may require sustained strenuous physical activity, and I represent to and assure TNC that I am in good health, and am not aware of any physical or medical condition that might endanger me or any other participants in the Activities.

 

6. No Representations or Warranties by or on Behalf of TNC. I hereby acknowledge and agree that no representation or warranty of any kind or nature whatsoever has been given me regarding the condition of the Island and/or the SCI Preserve, any facilities or equipment located on or at the Island and/or the SCI Preserve, or any means of transportation to or from the Island and/or the SCI Preserve, whether by TNC or any of TNC’s employees, agents, representatives, volunteers, contractors, officers, and/or directors; and I agree, furthermore, that neither TNC nor any of TNC’s employees, agents, representatives, volunteers, contractors, officers, and/or directors shall be liable for any alleged negligence pertaining thereto.

 

-1- 7. Release of Claims and Agreement Not to Sue. Acting for myself and my heirs, personal representatives, executors, assigns, and guardians ad litem, I hereby release TNC and all of TNC’s employees, agents, representatives, volunteers, contractors, officers, and directors (in each case, an “Indemnified Party”) from any and all claims and liabilities of any kind or nature whatsoever for or with respect to, and I agree not to make a claim of any kind or nature whatsoever against, or sue or attach the property of any of any of such Indemnified Parties for or with respect to, any damage or injury to me or my property, or my death, arising from my participation in the Activities or during my presence on or travel to or from the Island and/or the SCI Preserve, howsoever caused and whether or not arising in whole or in part from the real or alleged negligence of, or any other act or omission of or by any of such Indemnified Parties.

 

8. Indemnification of TNC. Acting for myself and my heirs, personal representatives, executors, assigns and guardians ad litem, I agree to indemnify and defend the Indemnified Parties against, and to hold the Indemnified Parties harmless of and from: (a) any and all claims and liabilities of any kind or nature whatsoever for injury or damage to me or my property, or for my death, arising from my participation in the Activities or during my presence on or travel to or from the Island and/or the SCI Preserve, whether or not arising in whole or in part from the real or alleged negligence of, or any other act or omission of or by any of the Indemnified Parties ; and (b) any and all claims and liabilities of any kind or nature whatsoever for any injury or damage to any person or property, or for the death of any person, to the extent caused by me during my participation in the Activities, or during my presence on or travel to or from the Island and/or the SCI Preserve.

 

The undersigned Participant acknowledges and agrees that he/she has carefully read this Acknowledgment, Release, and Indemnification, fully understands all of its contents, and their legal effect, and agrees that this Acknowledgment, Release, and Indemnification is contractually binding and is being signed by the undersigned Participant of his/her own free will.

The Participant described above in the foregoing Acknowledgment, Release, and Indemnification in favor of The Nature Conservancy (“TNC”) with respect to taking part in activities on property owned by TNC at Santa Cruz Island, I hereby acknowledge that I have read and understood such Acknowledgment, Release, and Indemnification, as well as the license, permit, lease, contract, or other agreement pursuant to which the Activities discussed therein are to be carried out (where that is applicable); and I hereby agree, individually and on behalf of my child or ward, to all of the terms of such Acknowledgment, Release, and Indemnification; and hereby give my permission to my child or ward to participate in the Activities which are referred to therein.

 

Rules for Use of the SCI Preserve

 

The SCI Preserve is very remote and undeveloped, with few if any safety or communications facilities available to visitors. The SCI Preserve is an ecological reserve, used for research, academic studies, and resource management. There are a wide array of plants and animals at the SCI Preserve, some of which are not found elsewhere and may be unique in the world, so the introduction of other animals, diseases, insects, plants, etc., could be extremely detrimental to the flora and fauna at the SCI Preserve. The following rules have therefore been promulgated by TNC for the SCI Preserve:

 

Prohibited Items. The following are not allowed to be brought onto the SCI Preserve:

 

(1) animals or pets of any kind (including, but not limited to, cats and dogs, and companion or research animals);

 

(2) plants, seeds, cut flowers, or bulbs;

 

(3) previously used planters or pots (whether of clay, ceramic, plastic, or other material);

 

(4) potting soil (“soil-less” potting mix, such as Sun-Gro Sunshine Mix #4, is permitted if in original packaging with no tears or holes);

 

(5) unprocessed wood, wood with bark, wood crates or planters;

 

(6) cardboard boxes (clean plastic containers are permitted, as are new items in original cardboard packing boxes from manufacturer, if inspected by TNC and found to be clean of insect “hitchhikers”);

 

(7) firearms or other weapons;

 

(8) fireworks; or

 

(9) mountain bikes or other vehicles of any kind (motorized or non-motorized).

 

Restricted Activities:

 

1. No smoking or building of fires of any type is allowed at the SCI Preserve for any reason, due to fire danger.

 

2. No cooking is allowed at the SCI Preserve outside of designated TNC facilities, although the consumption of previously prepared food and drinks is allowed at the SCI Preserve, provided that all trash resulting from such activity is completely removed from the SCI Preserve (and then disposed of properly elsewhere).

 

3. No camping is allowed anywhere at the SCI Preserve, no sleeping bags or other camping equipment is allowed to be brought to or used at the SCI Preserve, and no erection of any tents or other structures is allowed at the SCI Preserve, whether they are temporary or otherwise.

 

4. No collecting, trapping, killing, harming or molestation of any animals at the SCI Preserve, or any fish or other animals in any waters at or adjoining the SCI Preserve, is allowed.

 

5. No cutting down, injury, collection , or other disturbance of any trees or other plants or vegetation is allowed at the SCI Preserve, whether or not the plants are living or dead.

 

6. No souvenirs or specimens of anything found at the SCI Preserve may be collected, disturbed or taken from the SCI Preserve, nor is any digging in any Indian mounds or other architectural remains located at the SCI Preserve allowed.

 

7. No entry into buildings or other structures at the SCI Preserve or other interference with the activities of any tenants, researchers, or others carrying out permitted activities at the SCI Preserve is allowed.

 

8. No still, video, digital, or other form of photography or imaging of or in any TNC facilities is permitted at any time, whether for private or commercial use. Photography of plants, animals, and natural conditions outside of TNC facilities for personal use is permitted, but no publishing or other use of the results of such photography, or of any other data of any kind collected at or from the SCI Preserve, is allowed for commercial purposes, and all images made at or from the SCI Preserve which are used or transmitted in a manner such that they can be downloaded or obtained by others must be used or transmitted with appropriate restrictions which prohibit the commercial use of the images.

 

9. No item(s) brought to the SCI Preserve are allowed to be left at or adjoining the SCI Preserve, including (but not limited to) garbage or food.

 

Please inspect your personal gear (e.g. packs, shoes) and clean off dirt, seeds and insects before arriving on the Island. UNIVERSITY OF CALIFORNIA, SANTA BARBARA SANTA CRUZ ISLAND RESERVE

 

Waiver of Liability, Assumption of Risk, and Indemnity Agreement

 

Waiver: In consideration of being permitted to visit or participate in any way in any activity, including transportation, at the above location, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue The Regents of the University of California, its officers, employees, and agents from liability from any and all claims including the negligence of The Regents of the University of California, its officers, employees, and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, visitation or participation in any way in any activity, including transportation, at the above location.

 

Assumption of Risks: Visitation or participation carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death.

 

I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in visitation or participation. I hereby assert that my visitation or participation is voluntary and that I knowingly assume all such risks.

 

Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD The Regents of the University of California HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in visitation or participation and to reimburse them for any such expenses incurred.

 

Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

 

Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.