In consideration of you accepting this entry, I, the participant, intending to be legally bound do hereby waive and forever release any and all rights and claims for damages or injuries that I may have against the Event Director, RunSignup.com, and all of their agents assisting with the event, sponsors and their representatives, volunteers and employees for any and all injuries to me or my personal property. This release includes all injuries and/or damages suffered by me before, during or after the event. I recognize, intend and understand that this release is binding on my heirs, executors, administrators, or assignees.

I know that running a road race is a potentially hazardous activity. I should not enter and run unless I am medically able to do so and properly trained. I assume all risks associated with running in this event including, but not limited to: falls, contact with other participants, the effects of weather, traffic, and course conditions, and waive any and all claims which I might have based on any of those and other risks typically found in running a road race. I acknowledge all such risks are known and understood by me. I agree to abide by all decisions of any race official relative to my ability to safely complete the run. I certify as a material condition to my being permitted to enter this race that I am physically fit and sufficiently trained for the completion of this event and that a licensed Medical Doctor has verified my physical condition.

In the event of an illness, injury or medical emergency arising during the event I hereby authorize and give my consent to the Event Director to secure from any accredited hospital, clinic and/ or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization.

As it applies to my participation in this race, I agree to abide by the Center for Disease Control (CDC)’s recommendations for the prevention of the spread of COVID-19 and attest to having read the CDC’s guidance at: https://www.cdc.gov. I also agree to abide by any COVID-19 distancing and other safety guidelines issued by the state, the community or by this race for my participation in this race.

Further, I grant permission to all the foregoing to use my name, voice and images of myself in any photographs, motion pictures, results, publications or any other print, videographic or electronic recording of this event for legitimate purposes.

This event follows the standard running industry policy: All entry fees are non-refundable. We reserve the right to postpone or cancel the event due to circumstances beyond our control such as a natural disaster or emergency or as required to protect the safety of participants and staff. No refunds will be issued under these circumstances. We reserve the right to change the details of the event without prior notice. I understand that my entry fee is nonrefundable and bib numbers are non transferable.

By submitting this entry, I acknowledge (or a parent or adult guardian for all children under 18 years) having read and agreed to the above release and waiver including the no refund policy.

GENERAL ASSUMPTION OF RISK, WAIVER OF LIABILITY, RELEASE AND COVENANT NOT TO SUE 

Please read carefully before signing. 

By signing this document, you waive certain legal rights

DNC PARKS & RESORTS AT TENAYA, LLC (“DNC”) has teamed up with A Change of Pace Foundation (“Foundation”), a race management company, to put together a weekend of Wellness in the Wilderness, which includes the option for individuals to register and participate in a 10K, 5K or Kids Fun Run on June 7, 2025 (“Activities”). A portion of the proceeds resulting from the Activities will be donated to Yosemite Conservancy to support the preservation of this iconic national park. 

In consideration of the Activities provided by DNC, its agents, owners, officers, directors, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “DNC Parties”) and the Foundation and its agents, owners, officers, directors, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Foundation Parties”), I, PARTICIPANT, hereby agree on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1.           I understand that participation in the Activities involves a significant risk of death, injury, and illness to myself and others. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities. These risks include, but are not limited to: (i) falls, collisions, equipment defects or equipment failure, participant error or omission, instructor error or omission, the negligence of other participants, third parties, dangerous natural conditions, including wild and/or domestic animals and vegetation, adverse weather conditions, falling branches or other matter from above;  (ii) physical injuries such as scrapes, bruises, broken bones, sprains, neurological damage, paralysis and even death; (iii) emotional risks such as fear, panic and psychological trauma; (iv) fatigue, overheating, chill, dizziness; and (iv) damage to property. I understand that the description of these risks is not complete and that other unknown or unanticipated risks may result in injury or death. My participation in these Activities is solely voluntary, and no one is forcing or coercing me to participate. I understand that the purpose of the Activity is recreational, and is not for any other purpose, and that I am in control of my movement and use of the equipment. I expressly agree and promise to assume all of the risks existing in these Activities both known and unknown, whether caused or alleged to be caused by the ordinary negligent acts or omissions of the Foundation or any of its employees, agents, officers, managers, or owners or the ordinary negligent acts or omissions of DNC or any of its employees, agents, officers, managers, or owners.  

2.           I understand that there is an increased level of physical exertion associated with these Activities. I certify that I am physically able to safely participate in these Activities and that I have no medical, mental, or physical conditions which could interfere with my safety or ability to participate in the Activities. I acknowledge that the staff of the Foundation have been available to more fully explain to me the nature and physical demands of the Activities, and the inherent risks, hazards and dangers associated with the Activities. I am not currently and will not be under the influence of alcohol, illegal drugs, or any substances that might impair my ability to participate in these Activities while performing these Activities. I understand that if I am pregnant, or believe that I could be pregnant, or have a physical condition that could be affected by my participation in any of the Activities, I must first speak to my health care provider about the Activity and have his or her approval to participate, before actually participating in the Activities.  I agree to abide by the rules, guidelines, and safety procedures of the activity and the facility. 

3.           I accept responsibility for any expenses that may be incurred for any injury or illness that may result from my, or my minor child’s, participation in the Activities, including the cost of hospitalization, emergency transportation and any medical treatment and any other sum payable to anyone by reason of any injury or loss of life that I may sustain through my participation in these Activities. 

4.           I assign all rights, title and interest in any and all photographs, video recordings, and any other types of recording of the Activities that I may take or capture while participating in the Activities, DNC and the Foundation grant me a limited, non-exclusive, perpetual right and license to use, for non-commercial purposes only, any and all photographs, motions pictures, and any other types of recordings of the Activities that I may take or capture while participating in the Activities. DNC and the Foundation reserve the right to use my voice, video, photographic, or other images of me for marketing and promotional purposes without the need to compensate me. 

5.           I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless,  DNC and its affiliates and parent companies, and their respective agents, owners, officers, directors, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (the “DNC Released Parties”) and the Foundation and its affiliates and parent companies, and their respective agents, owners, officers, directors, volunteers, participants, affiliates, and parent companies, and their respective agents, owners, officers, directors, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (the “Foundation Released Parties”)  from any and all liability, claims, actions, demands, costs (including reasonable attorney’s fees) and any causes of action that I might now have or may acquire in the future, arising out of or related to any loss, damage or injury, including death, that may be sustained by me or my minor child, or to any property belonging to me or my minor child, while participating in the Activities, including, but not limited to, any claim that alleges any negligent acts or omissions of DNC Released Parties or the Foundation Released Parties to the fullest extent permitted by the law.  I UNDERSTAND THAT I AM RELEASING ANY AND ALL CLAIMS AGAINST THE RELEASED PARTIES FOR ORDINARY NEGLIGENCE. 

6.           Waiver of Unknown Claims. I acknowledge and understand there is a risk that now or subsequent to the execution of this Agreement I may discover claims released herein which are unknown and unanticipated at the time this Agreement is signed, and any such claims as are known or should be known may become more serious than they now expect or anticipate. Nevertheless, I hereby expressly waive all rights I may have in such unknown and unexpected consequences or results. California Civil Code§ 1542 states:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARlY 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 agree that this Release shall be construed in accordance with the laws of the State of California and that if any portion is deemed to be void or unenforceable, then the remainder of this Release will remain in full force and effect. Any legal dispute arising out of this Release shall be decided by either the Mariposa County Supreme Court of California, or by the United States District Court, at its Eastern District of California. 

I have read and understand this Release in full, which consists of three (3) pages. As a material inducement to agreeing to allow me to participate in the services (which I agree is good and valid consideration), I accept, acknowledge and agree with the matters set forth in this Release and sign it voluntarily, freely and knowingly, intending that it shall be fully operative and effective in all respects.  This Release shall be effective and binding upon me, my heirs, assigns, personal representatives, and estate, and for all members of my family, including any minors accompanying me. 

 IN WITNESS WHEREOF, I HAVE EXECUTED THIS ACKNOWLEDGEMENT OF RISK AS OF THE DATE SET FORTH BESIDE MY SIGNATURE