RUNTHROUGH USA PARTICIPANT WAIVER
PARTICIPANT WAIVER: ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
GW Active LLC, doing business as RunThrough USA, 1900 Market St, Philadelphia, PA 19103, United States. Full Terms & Conditions: https://www.runthroughusa.com/terms

In consideration of GW Active LLC, doing business as RunThrough USA, accepting my entry and allowing me to take part in a RunThrough USA event (the "Event"), I, for myself and on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, agree to the following. Where I enter on behalf of a minor, "I" includes me acting as that minor's parent or legal guardian.

8.1 MY REPRESENTATIONS
I represent that: (a) I am at least 18 years of age, or this agreement is also accepted by my parent or legal guardian under Section 8.11; (b) I am in good health and in proper physical condition to take part in the distance I have entered, I have trained for it, and I have consulted a physician about any condition that could affect my safe participation; (c) I will not take part while under the influence of alcohol or any drug that could impair my ability to participate safely; and (d) it is my sole responsibility to decide whether I am fit enough to take part and to look after my own safety at all times while at the Event.
I have entered voluntarily. No one is required to enter a RunThrough USA event, and I have had the opportunity to read this agreement, to ask questions about it, and to decide not to enter.

8.2 THE RISKS
I understand that road running, park running, trail running and multi-lap running events are inherently dangerous activities that test a person's physical and mental limits. The risks and dangers of taking part (the "Risks") include, without limitation: serious bodily injury, sickness and disease (including communicable disease), permanent disability, paralysis and death; heart attack, stroke, heat illness, hypothermia, dehydration, exhaustion, muscle and joint injury and other consequences of strenuous exercise; falls; collisions and contact with other participants, spectators, volunteers, race personnel, vehicles, bicycles, animals and natural or man-made objects; uneven, wet, icy, loose, cambered or damaged surfaces, curbs, potholes, matting, cables, cones, barriers and other course furniture; traffic and road, path and park conditions; the effects of weather, heat, humidity, cold, wind, rain, snow, lightning, sun and poor air quality; water and surface hazards; equipment failure; inadequate or ineffective safety measures; the varying skill and behavior of other participants; hazards of an outdoor, uncontrolled environment; situations beyond the immediate control of the Released Parties; and other risks that are undefined, not readily foreseeable and presently unknown.
I understand that these Risks may be caused in whole or in part by my own actions or inactions, by the actions or inactions of other participants or members of the public, or by the actions, inactions or negligence of the Released Parties, including the condition of the course and the way the Event is organized and run.

8.3 ASSUMPTION OF RISK
I KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL OF THE RISKS, KNOWN AND UNKNOWN, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, AND I ACCEPT FULL RESPONSIBILITY FOR ANY INJURY, ILLNESS, DEATH, LOSS, DAMAGE OR EXPENSE THAT RESULTS FROM MY PARTICIPATION, except to the extent caused by the gross negligence or willful misconduct of a Released Party.
If I see an unusual or significant hazard on the course or at the venue, I will stop, keep myself safe and tell the nearest marshal or official. If I decide before the start that conditions are not safe for me, I will not start, and the transfer in Section 6 of the Terms applies.

8.4 RELEASE AND COVENANT NOT TO SUE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL LIABILITY, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES AND EXPENSES (INCLUDING ATTORNEYS' FEES) OF ANY KIND ARISING OUT OF, RESULTING FROM OR RELATING IN ANY WAY TO MY PARTICIPATION IN OR PRESENCE AT THE EVENT, INCLUDING TRAVEL TO AND FROM IT, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE, AND INCLUDING CLAIMS FOR PERSONAL INJURY, DEATH, ILLNESS, AND LOSS OF OR DAMAGE TO PROPERTY.
This release does not extend to liability for gross negligence, recklessness, willful or intentional misconduct, fraud, or a violation of a statute enacted for the protection of the public, or to any other liability that the law of the state in which the Event takes place does not allow to be released. It applies to claims I know about now and to claims I do not yet know about.
This release is binding on my heirs, executors, administrators, next of kin and assigns, and I intend it to be a complete and unconditional release of the Released Parties to the extent the law allows.

8.5 THE RELEASED PARTIES
"Released Parties" means, individually and collectively, as relevant and applicable in each instance: GW Active LLC and its members, managers, owners, parent, subsidiary, affiliated and sister companies, including GW Active Ltd, trading as RunThrough; the race director and organizing team; the Event's sponsors, partners, advertisers and charities; the owners, operators and managers of the venues, parks, roads, paths, facilities and property on which the Event takes place; the federal, state, county, city, district and park authorities and agencies that permit, host or support the Event, including the National Park Service, the Presidio Trust, state and city parks departments, police, fire and emergency services, to the extent the law permits their release; our entry, timing, results, photography, medical, security, traffic management, equipment and other contractors and vendors; volunteers, marshals, pacers and officials; and each of their respective officers, directors, partners, members, shareholders, employees, agents, representatives, volunteers, successors and assigns.

8.6 INDEMNITY
I agree to indemnify, defend and hold harmless the Released Parties from and against any liability, claim, demand, loss, damage, cost or expense (including reasonable attorneys' fees) that arises from my actions or omissions at the Event, my breach of the Terms or the rules of the Event, or any claim brought by me or on my behalf that is barred by this agreement, except to the extent caused by the gross negligence or willful misconduct of a Released Party.

8.7 MEDICAL TREATMENT AND INFORMATION
I consent to receive first aid, emergency medical treatment, medication and transport, including by ambulance, if the Event medical team, a marshal, an official or emergency services consider it necessary, and I release and indemnify the Released Parties from any claim arising from that treatment or from a decision not to treat me, to the extent the law allows. I will pay for any medical care and transport I receive. I authorize the Released Parties to share my name, date of birth, emergency contact and any medical information I have provided with the Event medical provider, emergency services and hospital staff, and I authorize those providers to share information about my treatment with the Event organizers for safety and reporting purposes.

8.8 PROPERTY, EQUIPMENT AND INSURANCE
The Released Parties are not responsible for loss of, theft of or damage to my personal property before, during or after the Event, including items left at the baggage drop, which is provided as a courtesy and which I use at my own risk. I am responsible for making sure any clothing, footwear and equipment I use is safe and suitable. I understand that the Released Parties do not provide health, accident, travel or property insurance for me, and I confirm that I hold, or accept the consequences of not holding, my own.

8.9 WHAT MY ENTRY FEE IS FOR
I understand that my entry fee pays for the organization of, and my participation in, an athletic competition held on public roads, paths and park land. It is not an admission fee to use a place of amusement or recreation, and none of the Released Parties owns or operates the course as such a place. This applies in every state, and in particular I acknowledge it for events held in New York.

8.10 EVENTS ON FEDERAL AND PUBLIC LAND
Some events take place on land managed by federal, state or city agencies under a permit, for example Anacostia Park (National Park Service) and Crissy Field (Presidio Trust and Golden Gate National Recreation Area). Where a permit condition or the law limits the release a permittee may ask participants to give, this agreement operates as my acknowledgement and assumption of the Risks and as a release of the other Released Parties, and it releases the permitting agency and the United States only to the extent the permit and the law allow.

8.11 PARTICIPANTS UNDER 18
If the participant is under 18, this agreement is accepted by a parent or legal guardian (the "Guardian"), who confirms that they have legal authority to do so. The Guardian: (a) acknowledges that the Event is inherently dangerous and understands the Risks in Section 8.2; (b) has explained the Risks to the minor and confirms the minor is fit and trained for the distance entered; (c) releases and covenants not to sue the Released Parties in respect of the Guardian's own claims arising from the minor's participation, including claims for medical expenses, loss of services and emotional distress, to the same extent as Section 8.4; (d) releases the Released Parties from the minor's claims to the fullest extent the law of the state in which the Event takes place allows a parent or guardian to do so; (e) agrees, on the minor's behalf, that any claim by or for the minor will be resolved by individual arbitration under Section 13 of the Terms, which a parent may agree to on a minor's behalf; (f) agrees to indemnify, defend and hold harmless the Released Parties from any claim brought by or on behalf of the minor, except to the extent caused by the gross negligence or willful misconduct of a Released Party and to the extent the law permits; and (g) will sign a paper copy of this agreement at bib collection if the venue, the permit or the state requires it, without which the minor may not start.
Where the law of the Event state does not allow a parent or guardian to release a minor's own future claims, the rest of this Section 8 still applies to the Guardian and to the minor as far as the law allows.

8.12 STATE-SPECIFIC PROVISIONS
California. I EXPRESSLY WAIVE THE PROTECTION OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." I also waive any similar protection under the law of any other state. Consistent with California Civil Code Section 1668, this agreement does not release liability for fraud, willful injury, gross negligence or a violation of law.
New York. Section 8.9 applies. This agreement does not release liability for gross negligence or willful misconduct.
New Jersey. For adult participants, this agreement releases the ordinary negligence of the Released Parties. For participants under 18, Section 8.11 applies: the Guardian releases their own claims, the minor's claims are subject to individual arbitration under Section 13 of the Terms, and the release of the minor's own claims applies only to the extent New Jersey law permits.
Pennsylvania. This agreement releases the ordinary negligence of the Released Parties but does not release liability for recklessness, gross negligence or intentional misconduct. I confirm that I am a free bargaining agent entering a voluntary recreational activity, that I have read this agreement, and that its meaning is clear to me.
District of Columbia and Maryland. This agreement releases the ordinary negligence of the Released Parties to the fullest extent permitted by the law of the District of Columbia and of Maryland respectively, and does not release gross negligence or willful misconduct.
All other states. Where an Event takes place in another state, this agreement applies to the fullest extent permitted by the law of that state, and any provision that state does not permit is severed for that Event without affecting the rest.

8.13 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE, INCLUDING TRAVEL AND ACCOMMODATION COSTS, LOST WAGES OR LOST OPPORTUNITY, AND THE TOTAL LIABILITY OF GW ACTIVE LLC TO ME IN CONNECTION WITH AN EVENT OR THE TERMS IS LIMITED TO THE ENTRY FEE I PAID FOR THAT EVENT. Nothing in this agreement excludes or limits liability that cannot be excluded or limited by law.

8.14 MY ACKNOWLEDGEMENT
I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR ORDINARY NEGLIGENCE, AND THAT I AM ALSO GIVING UP THOSE RIGHTS ON BEHALF OF MY SPOUSE, CHILDREN, HEIRS AND REPRESENTATIVES AND, WHERE I ACT AS GUARDIAN, ON BEHALF OF THE MINOR TO THE EXTENT THE LAW ALLOWS. I ACCEPT IT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE, AND I INTEND MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE TO THE FULLEST EXTENT PERMITTED BY LAW.
I accept this agreement electronically by ticking the acceptance box and submitting my entry on Let's Do This, RunSignup or any other entry platform we use, or by confirming my details when entering on the day; my electronic acceptance has the same effect as a handwritten signature, and RunThrough USA keeps a record of it. If I entered as part of a group booking and did not accept this agreement myself, I accept it by collecting my bib, and I may be asked to sign a paper copy first. If any part of this agreement is held invalid or unenforceable, that part is severed and the rest remains in full force and effect. This agreement is governed by Section 14 of the Terms.

By ticking the box and submitting this entry I (or, for a participant under 18, the parent or legal guardian) confirm that I have read, understood and agree to this waiver and to the RunThrough USA Terms & Conditions, including the no-refund policy.