PARTICIPANT WAIVER, RELEASE AND INDEMNIFICATION
In consideration of being permitted to register for, participate in, volunteer at, or otherwise take part in The San Francisco Marathon® (“TSFM”) and its related full marathon, half marathons, 5K, 10K, Family 1K, ultra marathon, virtual events, Run365 Running Club activities and training programs (collectively, the “Events”), I agree as follows:
- Release and Waiver of Liability. On behalf of myself and my spouse or partner, heirs, next of kin, executors, administrators, successors, assigns and personal representatives, I forever waive, release and discharge, and agree not to sue, TSFM; Jumping Fences, Inc.; Let’s Sweat, Inc.; Committed 2 Community; UCSF Medical; Silverback Pacific LLC; Silverback Enterprises LLC; all sponsors, benefiting charities, partners, property owners, governmental entities and authorities involved with the Events, including the National Park Service, GGNRA, San Francisco Recreation and Park Department, U.S. Government Department of the Army, U.S. Army Presidio, Presidio Trust, City and County of San Francisco, Golden Gate Bridge Highway and Transportation District, CalTrans, Port of San Francisco, State of California and California Highway Patrol; and each of their respective officers, directors, employees, representatives, agents, contractors, subcontractors, volunteers, volunteer organizations, ambassadors, influencers, organizers and co-participants (collectively, the “Released Parties”), from any and all claims, liabilities, damages, costs or expenses arising out of or relating to the Events, including claims for death, disability, personal injury, property damage or property theft, to the fullest extent permitted by law.
- Deferred Registration. I understand and agree that if I defer my registration to a subsequent year, this Release and Waiver of Liability remains in full force and effect and applies to my participation in the Events in the year to which my registration is deferred, including any further approved deferral. For purposes of this Release and Waiver of Liability, “Events” includes the Events in which I participate pursuant to that deferred registration.
- Assumption of Risk and Fitness. I understand that participation in or volunteering for the Events can be dangerous and may involve the risk of serious injury, illness, death and property loss. Risks include, without limitation, terrain and facility conditions; weather, heat, cold, flooding, rising water, mudslides and falling trees; vehicular traffic; equipment; dehydration; my own physical condition; and the acts or omissions of participants, volunteers, spectators, coaches, officials, monitors, event producers and others. These risks also apply to volunteers and unregistered adults accompanying registered minors in the Family 1K. I knowingly and voluntarily assume all risks, known and unknown, arising from or related to the Events and related activities, including travel to and from the Events. I certify that I am physically fit and sufficiently trained to participate and have not been advised otherwise by a qualified medical professional. I understand that no warranty is made concerning the safety of the Events or their locations and that traffic control and other event support may end in accordance with published Event Rules and time limits.
- Indemnification. I agree to indemnify and hold harmless the Released Parties from any and all claims, liabilities, damages, costs or expenses asserted by any third party arising out of or resulting from any of my acts or omissions in connection with the Events.
- Event Changes, Cancellation and Registration Terms. I understand that the date, time, location, course, distance or format of an Event may be changed, postponed, combined, converted to a virtual event or canceled, with or without advance notice, for any reason, including weather, natural disaster, governmental action or permitting requirements, safety or security concerns, terrorism, financial or economic conditions, or other circumstances beyond the organizers’ control. The course may differ from the advertised or certified distance and may not include the Golden Gate Bridge. Registration fees are nonrefundable if an Event is changed, postponed or canceled for any reason, except as expressly provided below or in applicable registration terms. If an Event is rescheduled, available options may include participation on the rescheduled date, a virtual option, or deferral for a $39 fee. A change to a different distance is subject to a $15 fee; an upgrade also requires payment of the difference in event cost, and a downgrade does not entitle me to a refund of the difference.
- Tower Refundable Registration; Race and Travel Insurance. If I purchase a “Tower Refundable Registration” with my original registration, I understand that any refund is limited to the Registration Fee, BART and/or VIP Tickets and excludes processing fees, credit-card processing fees, apparel, gifts and shipped items. A refund must be claimed no later than 30 calendar days before the Event and may take up to 45 calendar days to process, subject to the applicable Terms & Conditions. Refund requests may be submitted to [email protected]. If I select the “Tower Refundable Registration – Free Offer,” guaranteed refunds are available through March 1, 2027; refund applications (subject to Terms & Conditions) or free deferral requests are accepted March 2 through June 13, 2027; refunds may take up to 21 calendar days to process; and the Event Change Fee is waived for change requests made by the May 23 online event-change cutoff. All other applicable rules remain in effect. I understand that circumstances such as severe weather, natural disasters, public-health events, governmental or security restrictions and other uncontrollable events can make producing or participating in an Event difficult or impossible. I am encouraged to consider available refundable-registration products and separate travel insurance for travel or lodging arrangements.
- Registration for Others; Minors. If I register another person, I represent that I am authorized to act on that person’s behalf and to agree to the applicable registration terms, including this Waiver, for that person. If the participant is a minor, the signing parent or legal guardian agrees to this Waiver on the minor’s behalf and authorizes a physician, registered nurse, EMT, paramedic or other emergency service provider to provide medical attention to the minor if needed during an Event. These provisions also apply, as applicable, to unregistered persons accompanying minors in the Family 1K.
- Medical Treatment; Publicity, Event Data and Digital Content. I consent to medical treatment deemed advisable in the event of injury, accident or illness during an Event. I understand that I may be photographed, filmed or otherwise recorded at the Events and authorize TSFM and its affiliates, producers, partners, sponsors, organizers and assigns to use my name, image, likeness, voice, race results and event-related photographs or recordings for lawful promotional, commercial and other purposes without compensation. I further understand and consent to TSFM using AI to modify my image, likeness and/or voice for lawful promotional, commercial and other purposes without compensation. I understand that facial-recognition technology may be used to assist in identifying participants for photographic purposes and that race results and related race data may be publicly posted. If I receive a digital medal, I understand that I receive only a digital copy and that JFI/TSFM retain ownership of the original digital image, including all NFT rights in the medal.
- Dogs; Communications; Payment Plans; Registration Completion. If I participate with a dog in an Event that permits dogs (currently the Saturday 5K and Sunday 10K only), I will keep the dog on a short leash at all times, clean up after it, and will not bring an aggressive dog or a dog whose behavior may present a safety concern. I consent to receive emails and/or SMS text messages from the Charity Fundraising platform and authorize Jumping Fences, Inc., Let’s Sweat, Inc., Committed 2 Community and TSFM to communicate with me by email and/or SMS regarding offers, services, events and promotions. If available in my area, payment plans may be offered through Affirm and may be used at any time without a cutoff. Registrants using a 1-click or fast-lane registration process must complete all remaining required information before being assigned a race bib and may not participate until that information is complete.
- Event Rules; Acknowledgment. I agree to comply with all published San Francisco Marathon Rules and understand that failure to do so may result in penalties or termination of my registration or participation. This Waiver is intended to be construed broadly to provide a release and waiver to the maximum extent permitted by applicable law. I acknowledge that I have read this Waiver, understand its contents, understand that I am giving up substantial legal rights, including the right to sue the Released Parties for claims covered by this Waiver, and agree to its terms voluntarily.