Viking 5K Charge!

 By Selecting YES at checkout, you are acknowledging and agreeing to the terms and conditions set forth in the waiver below for yourself if over 18 or with authority as the parent or legal guardian of the minor attendee listed herein.

The individual named below (referred to herein as "I" or "me") wishes to participate (i.e., as an athlete, volunteer, vendor, bystander, etc.) in the Virtual Viking 5K Charge!: (a) organized by the Foundation of La Jolla High School, or (b) organized by me, or other third-party for the benefit of the Foundation of La Jolla High School (the "Foundation of La Jolla High School").   In consideration for being allowed to participate in the Virtual Viking 5K Charge!, I agree to all the terms and conditions set forth in this document ("Release').

I know that participating in the Virtual Viking 5K Charge! will involve performing some athletic event or activity on my own, at a date and time of my choosing, in a location and route of my choosing, and without any support, safety, or security measures in place by the Foundation of La Jolla High School.   I further understand that the Virtual Viking 5K Charge! is a potentially hazardous activity, which could result in injury, illness, or death.   I acknowledge that I am voluntarily participating in the virtual event by my own free will, at my own personal risk, and I agree to assume such risk. I will further not participate in the virtual event unless I am medically able and properly trained, and by my signature, I certify that I am medically able to perform the Virtual Viking 5K Charge!, and am in good health and properly trained. 

I understand that the Virtual Viking 5K Charge! may involve in person activities or programs coordinated by the Foundation of La Jolla High School and that my participation in such in person activities is by my own choosing and that all risks identified, and waivers provided, by this Release shall apply equally to my involvement in the Virtual Viking 5K Charge! as a sole participant, and any and all in person activities or programs related to the Virtual Viking 5K charge which I attend.

In addition to the general risks associated with participating in the Virtual Viking 5K Charge!, I am aware that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the world health organization, and that COVID-19 is highly contagious and exposure may result in infection which could, in turn, lead to serious illness, personal injury, permanent disability, andor death. I understand that the Foundation of La Jolla High School cannot guarantee that I will not become exposed to COVID-19 while performing this contract, which may increase the risk of contracting the disease, even where preventative measures are implemented to reduce the spread of COVID-19. To reduce the risk of spreading COVID-19 I agreed to abide by the Center for Disease Control (CDC)'s recommendations for the prevention of the spread of COVID-19 19 and attest to having read the CDC's guidance at: https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.  I further attest that at all times possible, I will comply with all local, state, and federal health guidelines and orders parentheses e.g. social distancing, use of face coverings, etc..), as well as any local, state, and federal laws during my participation in the Virtual Viking 5K Charge!. 

I will strictly follow any and all rules and guidelines established by the Foundation of La Jolla High School, and the representatives, relating to participation in
the Virtual Viking 5K Charge!, including any rules described in this Release. To the extent I fail to follow such rules, I agree and understand that the Foundation of La Jolla High School has the sole and exclusive authority to prohibit me from participating in the Virtual Viking 5K Charge!, or disqualify andor remove me from the Virtual Viking 5K Charge! without warning, and without an opportunity for any refund to the extent fees or donations were made to the Foundation of La Jolla High School.

I agree not to participate in the Virtual Viking 5K Charge! if I, or anyone in my household: (A) is experiencing symptoms of COVID-19 including fever, chills, cough, sore throat, shortness of breath, muscle aches or fatigue, or the loss of taste and smell; (B) have a confirmed or suspected case of COVID-19; or (C) have come in contact in the last 14 days with a person who has been confirmed to have, or suspected of having, COVID-19.  I understand that any fees or donations made by me to participate int eh event are non-refundable.

I expressly waive and release any and all claims, now or in the future, against the Foundation of La Jolla High school, La Jolla High School, San Diego Unified School District, and any officers, directors, managers, employees, agents, independent contractors, affiliates, volunteers, teachers, successors, and assigns (collectively, "releases"), and agree to indemnify and hold Releasees harmless, on account of injury, illness, disability, or death arising out of or attributable to my participation in the Virtual Viking 5K Charge! including, but not limited to, being exposed to, or contracting COVID-19. I agree not to make, or bring, any such claim against the Foundation of La Jolla High School or any other Releasee, and forever release and discharge the Foundation of La Jolla High school and any other Releasees from liability under such claims.  This Release does not extend to claims or liabilities that California law does not permit to be released by agreement.

I understand that by signing this release, I am waiving any all claims of any kind arising out of or tribute able to my participation in the virtual Viking 5K charge and being exposed to, or contracting COVID-19, including those claims that may be unknown to me, or which I do not expect to exist at this time. With the intention of waving all unknown and unsuspected claims, I expressly wave all right, benefits, and protections I may have under California Civil Code section 1542, which reads as follows:

"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 grant permission for the Foundation of La Jolla High School to use my name, voice, and images of myself in any photographs, motion pictures, results, publications or any other print, videography or electric recording of the Virtual Viking 5K Charge! for legitimate purposes.

The provisions of this Release are severable and if any part of it is found to be unenforceable, the other paragraphs shall remain fully valid and enforceable.  This Release shall be binding upon me and upon my heirs, administrators, representatives, executors, successors and assigns, and shall inure to my benefit and my heirs, administrators, representatives, executors, successors and assigns.  By executing this Release, I acknowledge that I am acting in my individual capacity as well as in any other capacity that I might retain. This Agreement represents the sole and entire Release between me and the Foundation of La Jolla High School relating to the Virtual Viking 5K Charge! and supersedes all prior Agreements, negotiations, or discussions, whether oral or in writing, express or implied, between or among the Parties relating to the Virtual Viking 5K Charge!  This Release shall be governed by and construed in accordance with the laws of the State of California and any claim or cause of action arising under this Release may be brought only in the federal or state courts located in San Diego County, California, and I hereby consent to the exclusive jurisdiction of such courts.

By selecting yes at check out, I acknowledge that I have read and understood all of the terms of this Release and that I am voluntarily giving up essential legal rights, including the right to sue the Foundation of La Jolla High School and Releasees.

For Parents and Guardians of Participant of Minor (under 18 at the time of participation)

I am the parent or legal guardian of the minor participant registered here in,  I have the legal right to consent, and by selecting yes at check out, I hereby do consent to the terms and conditions of this Release/