WAIVER AND RELEASE FORM


RELEASE OF LIABILITY

In return for being allowed to participate in volunteer activities and all related activities, including any activities incidental to such participation (“Volunteer Activities”), the undersigned Volunteer or Parent/Legal Guardian of Volunteer if Volunteer is under age 18 (hereafter referred to using “I”, “me”, or “my”) releases and agrees not to sue the Modesto Marathon or its officers, directors, employees, sub-contractors, sponsors, agents and affiliates (“the Organization”) from all present and future claims that may be made by me, my family, estate, heirs, or assigns for property damage, personal injury, or wrongful death arising as a result of my participation in the Volunteer Activities wherever, whenever, or however the same may occur.

I understand and agree that the Organization are not responsible for any injury or property damage arising out of the Volunteer Activities, even if caused by their ordinary negligence or otherwise.

I understand that participation in the Volunteer Activities involves certain risks, including, but not limited to, serious injury and death. I am voluntarily participating in the Volunteer Activities with knowledge of the danger involved and I agree to accept all risks of participation.

I also agree to indemnify and hold harmless the Organization for all claims arising out of my participation in the Volunteer Activities.

I understand that this document is intended to be as broad and inclusive as permitted by the laws of the state in which the Volunteer Activities take place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect.

I also acknowledge that the Organization have not arranged and do not carry any insurance of any kind for my benefit or that of Volunteer (if Volunteer is under 18), my parents, guardians, trustees, heirs, executors, administrators, successors and assigns. I represent that, to my knowledge, I am in good health and suffer no physical impairment that would or should prevent my participation in Volunteer Activities.

I also understand that this document is a contract which grants certain rights to and eliminates the liability of the Organization.

Minor Release Adendum

I am an adult overthe age of eighteen (18) and the parent/legal guardian of the MinorVolunteer Applicant. In consideration of Volunteer Minor Applicant being permitted to participate in the ShadowChase Running Club/Modesto Marathon Volunteer program (hereafter the “ShadowChase/Modesto Marathon”) which may include participating in sporting events, special events, monitoring participants in the event and the use of race facilities and equipment, I, the Undersigned, agree as follows:

1. The Undersigned hereby releases, waives, discharges and covenants not to sue the ShadowChase
/Modesto Marathon, it’s officers and agents (hereafter the ‘Releasees’) from all liability to the
Undersigned, his or her heirs, representatives and assigns for any loss, damage or claim therefore on
account of injury to the person or property of the Minor Volunteer Applicant whether caused by the
ordinary negligence, act or omission of the Releasees or otherwise, while the Minor Volunteer
Applicant is participating in the ShadowChase/Modesto Marathon or using ShadowChase equipment
in connection with participation in the Modesto Marathon.

2. The Undersigned hereby agrees to indemnify and hold harmless the Releasees from all liability,
claims, demands, causes of action, charges, expenses, and attorney fees resulting from the Minor
Volunteer Applicant’s participation in the ShadowChase/Modesto Marathon, whether caused by any
act or omission of ordinary negligence of Releasees, or otherwise.

3. The Undersigned hereby grant to the ShadowChase/Modesto Marathon, the irrevocable and
unrestricted right to use and publish photographs of me or my child under 18 years of age, for
advertising and any other promotional purposes and in any manner and medium; to alter the same
without restriction; and to copyright the same. I hereby release the ShadowChase/Modesto Marathon
from all claims and liability relating to said photographs.

The Undersigned expressly agrees that the foregoing release and waiver and indemnity agreement are
intended to be as broad and inclusive as permitted by California law.
I acknowledge that I have read the foregoing and that I am aware of the legal consequences of this agreement, including that it prevents me from suing the ShadowChase Running Club/Modesto Marathon if the Minor Volunteer Applicant is injured or damaged as a result of participating in the Modesto Marathon.

As parent/legal guardian, I give my permission for my child to participate in volunteering for the
Modesto Marathon.