Last I heard, there were no guarantees the 100th running of the Bay to Breakers historic street party would occur.
And yet, sign-ups are a going on right now, started about a week ago they did. So, you can spend $47 this month and be assured of not being labeled a “bandit” by a rich Colorado B-as-in-”boy” billionaire (who really doesn’t like gay people*) and/or his minions, or you can be like Mayor Gavin Newsom, who runs the race without paying the entrance fee.
And look, they have a new logo. Here it is, sort of. The five-mile-tall runner has been replaced by a five-mile-tall unrinator. Both of them would pass out with a quickness breathing in air at 20-something thousand feet, non?
In B2B Land, our Bay Bridge merely has three towers, oh well. That’s one messed up skyline…
Anyway, here it is, your secret, discounted early sign-up page.
Uh oh, maybe you’re better off not signing up. ‘Cause signing up entails agreeing to all this, seen below. It just goes on and on and on. Mercy! Let me tell you, if you somehow end up getting harmed by BtoB 100, you don’t want any record any where of you agreeing to all this boilerplate…
*”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”
“By indicating your acceptance, you understand, agree, warrant and covenant as follows:
Participant’s WAIVER, RELEASE AND ACKNOWLEDGMENT. 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 2011 Bay to Breakers race (“Race”), You hereby certify, warrant, represent, and agree to Anschutz 12K Company, 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 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.
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.
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.