26.2 Reasons Why...

THIS RELEASE IS A CONTRACT WITH LEGAL CONSEQUENCES. I HAVE BEEN ADVISED TO READ IT CAREFULLY BEFORE SIGNING. In consideration of the Releasees’ or Napa Valley Marathon’s acceptance of my application for entry in the above event, I hereby freely agree to and make the following contractual representations and agreements. I acknowledge that marathoning is an inherently dangerous sport and fully realize the dangers of participating in a marathon and FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation, the following: the dangers of collision with pedestrians, vehicles, other runners, and fixed or moving objects; the dangers arising from surface hazards, equipment failure, inadequate safety equipment, THE RELEASEES’ OWN NEGLIGENCE, and weather conditions; and the possibility of serious physical and/or mental trauma or injury associated with marathon competition. For myself, my heirs, executors, administrator, legal representatives, assignees, and successors in interest (collectively “Successors”) I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the Releasees and the sponsors of this event, the organizer and any promoting organizations, property owners, the California Highway Patrol and all other law enforcement agencies, all public entities, special districts and properties, and their respective agents, officials, and employees through or by which the events will be held, (the foregoing are also collectively deemed to be Releasees), FROM ANY and all rights and CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES’ OWN NEGLIGENCE, which I have or which may hereafter accrue to me and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in or association with the event, or travel to or return from the event.

The huge proliferation of MP3 players and other audio devices using headphones by road race participants constitutes a safety hazard. These devices can prevent runners from hearing critical instructions from course monitors, police, and other race officials. The Napa Valley Marathon endorses and agrees with USATF Rule 144.3(b), which states: The visible possession or use by athletes of video or audio cassette recorders or players, TV's, CD or DVD players, radio transmitters or receivers, mobile phones, computers, or any similar devices in the competition area shall not be permitted.

Therefore; I agree that if I use any of the above mentioned devices while participating in the 2008 Napa Valley Marathon, I will be disqualified from the event.

I agree it is my sole responsibility to be familiar with the race course, the Releasees’ rules, and any special regulations for the event. I understand and agree that situations may arise during the race which may be beyond the immediate control of the race officials or organizers, and I must continually run so as to neither endanger myself nor others. I accept responsibility for the condition and adequacy of my equipment. If I am a wheelchair entrant, I will compete wearing a helmet which satisfies the requirements of the Releasees’ Racing Rules or Regulations and that can protect against serious head injury, and assume all responsibility and liability for the selection of such a helmet.

I acknowledge that the numbered bib issued to me for the event on Sunday, March 2 2008, is and remains the sole property of the Kaiser Permanente Napa Valley Marathon and must be relinquished upon request of any Race Official and/or the Race Official’s designee. I acknowledge that the race has a 6.0 hour time limit and I must be off the course by 1:00 PM. I consent to be removed from the course and transported to the finish line if the 1:00 PM deadline is not met. I also agree that I will not be recognized or listed in the official scoring if I have not crossed the finish line by 1:00 PM.

I have no physical or medical condition which to my knowledge, would endanger myself or others if I participate in this event, or would interfere with my ability to participate in this event. I attest that I am physically fit and have sufficiently trained for this event, my physical condition verified by a licensed M.D. during the past six months. I also grant my permission for a doctor and/or nurse to take remedial action in case of an emergency. I attest and verify that I am at least 18 years of age. I agree, for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my successors assert my claim in contravention of this agreement, the asserting party shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provision herein or as a consent to any other provision herein or as a consent to any subsequent waiver or modification. Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.