Here are the Three Reasons Why You Were Foolish to Have Registered for the Bay to Breakers

Three Reasons Why You Were Foolish to Have Registered for the Bay to Breakers:

1. Your money goes to Philip Anschutz, the Christian Billionaire – see below.

2. You don’t get a refund even if the Philip Anschutz people decide to cancel the race – you agreed to that in the oppressive agreement you made on the Bay to Breakers website when you signed up: “…all Race entry fees are non-refundable, even if Race is cancelled…” See after the jump for details on that.

3. Most other participants don’t pay, so why should you? Take a look right here, this is early on during the first hour of the 2012 event  - how many registrants can you spot?

Click to expand

I’ll tell you, I see just one soul with a “racing” bib. Do you think any of these people cared about getting a “racing” time that shows how long it took them to run the BtoB? Do you think any of them were arrested by the SFPD? Do you think any of them were ejected from the “race” course by “race” organizers? I don’t.

Those were just Three Reasons Why You Were Foolish to Have Registered for the Bay to Breakers.

Sucker!

Often identified as “Christian billionaire Phil Anschutz”,[26] he is a Republican donor who supported George W. Bush‘s administration. He has been an active patron of a number of religious and conservative causes:

  • Helped fund Colorado‘s 1992 Amendment 2, a ballot initiative designed to overturn local and state laws that prohibit discrimination against individuals on the basis of sexual orientation but was invalidated by Romer v. Evans after it passed.[19]
  • Contributed $70,000 in 2003 to the Discovery Institute, to specifically support the work of telecom guru George Gilder but not matters related to intelligent design. That fact was validated by Discovery President Bruce Chapman in a letter-to-the-editor to the Rocky Mounatain News, “Anschutz never gave that program a nickel,”[27]

The Discovery Institute is a think tank based in Seattle, Washington that also promotes intelligent design and criticizes evolution.[28]

By indicating your acceptance, you understand, agree, warrant and covenant as follows:
This Agreement is executed by the undersigned (or if under 18 years of age, undersigned’s parent/ legal guardian) (together with any heir, executor, administrator, successor, representative or assign, collectively, “You”) for the benefit of the Organizers (as defined herein). In connection with Your involvement in the 2012 edition of the Bay to Breakers race taking place in San Francisco, CA on or about May 20, 2012 (“Race”), You hereby certify, warrant, represent, and agree to Anschutz 12K Company, KRON 4 Television, Inc (“KRON”), USA Track and Field, City and County of San Francisco and each Race sponsor/promoter (individually and collectively, together with each of their respective affiliates, directors, officers, employees, partners, shareholders, owners, sponsors, volunteers, contractors, agents, successors and assigns, the “Organizer(s)”), that You are:
1. FREE OF ANY MENTAL/ PHYSICAL CONDITION, AILMENT OR INJURY (MEDICAL OR OTHERWISE) WHICH WOULD, IN AND OF ITSELF OR IN CONJUNCTION WITH ANY OTHER CIRCUMSTANCE, INCLUDING THOSE ACTIVITIES ASSOCIATED WITH THE RACE, (i) IMPAIR, PREVENT OR PROHIBIT YOU FROM ENGAGING IN THE RACE OR (ii) BE AFFECTED, AGGRAVATED OR WORSENED AS A RESULT, DIRECTLY OR INDIRECTLY, OF YOUR  INVOLVEMENT IN RACE;
2. OF SOUND MIND AND BODY, AND NOT UNDER THE INFLUENCE OF ALCOHOL OR ANY ILLICIT OR PRESCRIPTION DRUG/ MEDICATION WHICH MAY IMPAIR YOUR ABILITY TO ENTER INTO AND FULLY UNDERSTAND THE INTENT AND MEANING OF THE TERMS AND PROVISIONS HEREIN OR TO PARTICIPATE IN THE RACE;
3. ENTERING INTO THE AGREEMENT VOLUNTARILY BY YOUR OWN FREE WILL, WITHOUT INFLUENCE FROM ORGANIZERS OR ANY THIRD PARTY.
YOU DERIVE A MATERIAL BENEFIT FROM THE RACE AND AGREE THE RACE MAY BE STRENUOUS OR POTENTIALLY HAZARDOUS. YOU ACKNOWLEDGE THAT THE RACE IS 12 KILOMETERS AND COVERS STEEP HILLS.  IT IS YOUR RESPONSIBILITY TO DETERMINE IF YOU ARE FIT ENOUGH TO COMPETE IN THE RACE.  YOU ASSUME ALL RISKS AND DANGERS KNOWN/UNKNOWN, FORESEEN/UNFORESEEN, RELATING OR INCIDENTAL TO YOUR INVOLVEMENT, AND HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS ORGANIZERS FROM ANY AND ALL DAMAGES, LIABILITIES, COSTS AND EXPENSES, WHETHER KNOWN/UNKNOWN, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR PROPERTY DAMAGE ARISING  OUT OF OR RELATING TO YOUR INVOLVEMENT IN THE RACE.
You agree:  (1) that by signing the Agreement, You will never institute any suit or action at law or otherwise against Organizers or aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury either to your person and/or property as a result of your participation in the Race; (2) to defend and hold Organizers harmless from loss or damages, including attorneys’ fees and costs, sustained by any Organizer, as a result of your rescission of this Agreement or breach of covenants or agreements contained herein; (3) all Race entry fees are non-refundable, even if Race is cancelled and (4)  to  refrain from engaging or participating in “ambush marketing” campaigns including using signage or promotional displays to create a false association with the Race on behalf of a competitor of any sponsor or otherwise take measures intended to attack, embarrass or disparage the Race or any sponsor.
MEDICAL ATTENTION.  You agree that during the Race, Organizers are authorized to secure appropriate medical attention for You in the event of an accident, illness or injury.  You are responsible for any costs of medical coverage/ treatment not covered by insurance.
IMAGE RELEASE.  You agree that Organizers have the right to record, broadcast and exploit in any media worldwide, your activity/performance in the Race or any promotion of the Race and use your name, likeness, voice and biographical information in connection therewith without further consent or any compensation.
GOVERNING LAW.  This Agreement shall be governed and controlled by the laws of the State of California, without regard to State’s rules with respect to choice of law.
If any provision of the Agreement is held invalid/unenforceable, such invalidity or unenforceability shall not affect any other provision and the Agreement shall be construed as if such invalid/unenforceable provision were omitted. THE AGREEMENT IS LEGALLY BINDING AND IRREVOCABLE.  ORGANIZERS MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.
You hereby certify that all information provided herein is true, accurate and complete.
ACTIVE REGISTRATION AGREEMENT AND LIABILITY WAIVER (the “Agreement and Waiver”)
1. Authority to Register and/or to Act as Agent. You represent and warrant to The Active Network, Inc. (“Active”) that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged.  As used in this Agreement and Waiver, Active refers to The Active Network, Inc. and any and all subsidiaries, affiliated entities, or entities that control or are controlled by Active singly or together and its officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child’s information which you provide for the purposes of registration.
2.  Waiver.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED.  YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED.  PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH.   YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE ACTIVE FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties.
ACTIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE ACTIVE OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH ACTIVE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF ACTIVE IS AT YOUR SOLE RISK. ACTIVE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Active makes no warranty that the Active sites’ services will be uninterrupted, secure or error free. Active does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Active sites. Active is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Active sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
4. Indemnification. You agree to indemnify and hold each of Active harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use of Active or the violation of any term of this Agreement and Waiver as well as the Terms of Service located at:  http://www.activenetwork.com/terms-of-use.htm by you.
5. Applicable Law; Consent to Jurisdiction. The Active sites (excluding linked sites) are controlled by Active from its offices within the State of California, United States of America. By completing this event registration, both you and Active agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Agreement and Waiver, the Terms of Use or other use of the Active sites. You agree that exclusive jurisdiction for any dispute with Active resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving Active or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS.  YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE.  YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

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One Response to “Here are the Three Reasons Why You Were Foolish to Have Registered for the Bay to Breakers”

  1. Cap. Obvious says:

    Now it’s starting to make sense why the B2B was cleaned up (no drinking, etc.).
    These rich fundies are afraid that “hedonous” activities like B2B may spread to other parts of the country.

    F*ck Anschutz and his band of fundies. I’m glad I didn’t pay him a dime.