I just had to:
- Confirm my profile
- Answer a medical history form
- Read and agree to the event waiver (and I've copied and pasted this below!)
- Watch a 14 minute safety video and take a quiz
- Sign up for the towel service
- Verified my fundraising summary (yes, I've met my minimum target!)
- Select my tentmate
Below is a copy of the event waiver.
I wish to participate in the Susan G. Komen 3-Day for the Cure® (the '3-Day for the Cure') and/or any pre-season activity leading up to the 3-Day for the Cure (the 3-Day for the Cure and all pre-season activities leading up to the 3-Day for the Cure are collectively referred to herein as the 'Event'). If I am registering as a walker, I will be at least 16 years or older by the end of 2011. During the 3-Day for the Cure, minors under 18 years of age must be accompanied by a parent or legal guardian who is also a registered walker. If I am registering as a crew member, I will be at least 18 years old on the date the 3-Day for the Cure commences.
I understand that all donations processed by the 3-Day for the Cure donation office are non-refundable and non-transferable, even if I do not participate in the 3-Day for the Cure. I also understand that the $90 registration fee is non-refundable, non-transferable, and not tax deductible. If I am registering as a walker, I understand that I must raise at least $2,300 in order to participate in the 3-Day for the Cure. If I have not reached my fundraising minimum of $2,300 by the date the 3-Day for the Cure commences, I may opt to make an instant self-donation or a delayed self-donation (as explained in the 'Participant FAQ' at http://www.the3day.org and subject to certain restrictions if I am registered to participate in multiple 3-Day for the Cure Events within one year), or I may choose not to participate.
WALKER AND CREW WAIVER AND RELEASE OF LIABILITY AND IMAGE RELEASE (PLEASE READ AND AGREE BELOW)
I agree that any and all representations made and releases, waivers, covenants, consents and permissions given by me hereunder are given on behalf of me and any and all of my minor children or persons over whom I have guardianship participating in or attending the Event.
WAIVER AND RELEASE OF LIABILITYI understand that the Event is a potentially hazardous activity, and I hereby voluntarily assume full and complete responsibility for, and the risk of, any injury or accident that may occur during my participation in the Event or while on Event premises (collectively referred to herein as 'my participation').
I understand that during my participation, I will be using public streets and facilities where many hazards exist, and I am aware of and appreciate the risks that may result. I am also aware that accidents may occur during my participation that could result in serious injury or death. My participation is voluntary with knowledge of all such risks.
In consideration for being permitted to participate in the Event, I hereby agree to assume all risks and to release, hold harmless and covenant not to sue Event 360, Inc., Komen, or any sponsors, officials, volunteers, participating clubs, communities, organizations, friends of the 3-Day for the Cure, including the 3-Day for the Cure medical partner, medical director and members of the medical team and all other government or public entities including, but not limited to, the Department of Transportation, and affiliated organizations and all of the above-listed entities' respective directors, officers, agents, employees and members, and all other persons or entities associated with the Event (collectively, 'the releasees'), for any claim, loss or liability that I may have arising out of my participation or any fundraising activities associated with my participation, including but not limited to, personal injury, death or property damage suffered by me or others, whether such losses, liabilities, or claims be caused by falls, contact with and/or the actions of other participants, contact with fixed or non-fixed objects, contact with animals, conditions of the Event premises, negligence or carelessness of the releasees, risks not known to me or not reasonably foreseeable at this time, or otherwise.I intend by this Waiver and Release of Liability to release in advance, and to waive my rights and to discharge all of the releasees from all claims, losses or liabilities for death, bodily injury or property damage that I may have, or which may hereafter accrue to me, as a result of my participation, even though that liability may arise from negligence or carelessness on the part of the releasees, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. I understand and agree that this Waiver and Release of Liability is binding on my heirs, assigns and legal representatives.
I am physically capable of completing the event. I understand that it is recommended that I discuss my participation with my primary health care provider. If I am aware of or under treatment for any physical infirmity, ailment or illness, I have discussed the event and my participation with my medical care provider(s) familiar with such condition and he/she has approved my participation. I will maintain personal health insurance at all times during my participation. I acknowledge that I, and I alone, am solely responsible for my personal health and safety, and the personal property I bring with me in connection with my participation. I will read the Event description and rules for my participation and I will abide by all rules and regulations established by the Event organizers and personnel as well as the local vehicle code. I further agree that my participation is subject to the sole discretion of the Event organizers and the Komen 3-Day for the Cure medical director, and that my participation may be limited for medical or other safety-related reasons. In the event of injury, accident or illness during my participation, I consent to receive, and authorize Event organizers, officials, volunteers, participants and spectators to use their discretion to administer, first aid, medical care and/or medical treatment.
I understand that I am solely responsible and liable for all aspects of the fundraising activities associated with my participation in the Event, including, but not limited to, the safe and lawful conduct of any fundraising activities and ensuring that such activities are conducted in a professional manner. I further agree to (i) comply with all laws relating to the promotion and conduct of any fundraising activities associated with my participation; (ii) file all appropriate registrations as may be required or necessary for promoting and conducting any fundraising activities associated with my participation; and (iii) obtain all permits, releases, consents, licenses, and approvals as may be required or necessary for promoting and conducting any fundraising activities associated with my participation.
I understand that, in connection with my participation, I have Komen's permission to use the special 3-Day for the Cure walker/crew logos and use of these special logos is provided for the appropriate personal use of 3-Day participants only. I understand that I do not have permission to, and will not use, any other logo, phrase, name or trademark that is the property of Komen without Komen's prior written approval. I understand that Komen is the legal owner of many logos, phrases, names and trademarks that are related to breast cancer awareness and the search for the cures for breast cancer, including the 3-Day for the Cure name, the 3-Day for the Cure logo, the Susan G. Komen for the Cure® name, the Susan G. Komen for the Cure® logo, the Komen Running Ribbon, Race for the Cure®, and a family of 'for the Cure' and 'for a Cure' marks (collectively, 'Komen Marks'). I hereby acknowledge Komen's ownership of the Komen Marks, and agree not to contest or assist others to contest the ownership and validity of them, and further agree I will not, without written license from Komen, use any Komen Mark or any logo, phrase, name or trademark that is confusingly similar to a Komen Mark. Any use of the Komen Marks by me (whether or not authorized by Komen), including the use of the special 3-Day for the Cure walker/crew logos, and any goodwill associated therewith, shall inure to the benefit of Komen.
If I am a crew member, I understand that the Event consists of a variety of activities to prepare for and support the Komen 3-Day for the Cure. These activities include working outdoors and may include lifting of objects up to 70 lbs.
In consideration for being permitted to participate in the Event, I hereby agree to adhere to the policies of the 3-Day for the Cure, including without limitation the 3-Day for the Cure fundraising policies. I understand that the Event organizers reserve the right, in their sole discretion, to refuse registration and/or participation to anyone at any time before or during the Event.
The following language only applies to any Event held in California: This Waiver and Release of Liability extends to claims and facts unknown and unsuspected to exist at the time of executing this Waiver and Release of Liability. All rights under Section 1542 of the California Civil Code are hereby expressly waived with respect to any of the claims, injuries, or damages described in this Waiver and Release of Liability. Section 1542 of the California Civil Code reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IMAGE RELEASEI understand that my name, picture, voice, or likeness, and information related to my participation in the Event (e.g. participant number, team name), whether the foregoing is captured by photograph, videotape, audiotape or any other recording, (collectively 'image') may be used for all promotional purposes related to the Event by Event 360, Inc., Komen, and their respective successors and assigns, sponsors, licensees, affiliates, and employees (collectively 'grantees'). I hereby grant to the grantees the irrevocable, perpetual and worldwide right to (i) use my image in promotional materials or for any other legitimate purpose, (ii) create composite or computer-manipulated materials from my image, (iii) use, reproduce, publish, exhibit, distribute, and transmit my image in any media, including but not limited to print material, television, film, internet, DVD, and CD-ROM, and (iv) assign the above rights to third parties. I waive the right to inspect or approve my image or materials that incorporate my image. I understand that I will receive no compensation in connection with the use of my image. I release the grantees from any liability, damages, or claims resulting from the use of my image, including claims for libel or invasion of privacy. I understand and agree that the terms of this paragraph are binding on my heirs, assigns, and legal representatives.
GOLDEN GATE BRIDGE WAIVER AND RELEASE OF LIABILITYIn consideration of my entry, and of my own free will, I for myself, my heirs, executors and administrators, forever waive, release and give up any and all claims, demands, liability, damages, costs and expenses of any kind whatsoever (including personal injuries to me or my wrongful death) against the Golden Gate Bridge, Highway and Transportation District, its Officers, Directors, employees, representatives, agents, contractors and subcontractors which may arise from my participation in the event on Saturday, September 10, 2011, or while traveling to or from the event, even if caused in whole or in part by the negligence or other fault of the parties or persons I am hereby releasing, by the dangerous or defective condition of any property or equipment owned, maintained or controlled by them and/or because of their liability without fault. I FULLY UNDERSTAND I AM FOREVER GIVING UP, IN ADVANCE, ANY RIGHT TO SUE OR MAKE ANY CLAIM AGAINST THE PARTIES I AM RELEASING IF I SUFFER SUCH INJURIES AND DAMAGES, EVEN THOUGH I DO NOT KNOW WHAT OR HOW EXTENSIVE THOSE INJURIES AND DAMAGES MIGHT BE, AND AM VOLUNTARILY ASSUMING THE RISK OF SUCH INJURIES AND DAMAGES.
In the event any provision of this Waiver and Release of Liability and Image Release is deemed unenforceable by law, (i) Komen and/or Event 360, Inc. shall have the right to modify such provision to the extent necessary to be deemed enforceable; and (ii) all other provisions of this Waiver and Release of Liability and Image Release shall remain in full force and effect.
I have carefully read this Waiver and Release of Liability and Image Release and fully understand its contents. I am aware that by agreeing to this Waiver and Release of Liability and Image Release, I am waiving substantial legal rights, and knowing this, I agree of my own free will without any inducement, assurance or guarantee being made to me and intend my check of the 'agree' box to be a complete and unconditional release of liability to the greatest extent allowed by law.
No comments:
Post a Comment