By [acknowledging/signing] this Volunteer Release and Waiver of Liability (the “Program Release”) I agree that I am voluntarily participating in the Foundation’s Lymphoma Community Champion program (the “Program”) and to read and abide by rules and policies established by the Lymphoma Research Foundation (the “Foundation”) for the Program.
In consideration of being allowed to participate in the Program, and for other good and valuable consideration, the receipt and sufficiency of which I acknowledge, I understand, acknowledge, appreciate and agree to the following terms:
1. I am at least 18 years old and of sound mind.
2. Each participant who is under 18 years of age and will be under 18 years of age as of the date of this Event (hereinafter the “Minor Participant”), must have a parent or legal guardian sign this the Foundation policy on behalf of the Minor Participant. If I am signing this Program Release on behalf of a Minor Participant, I represent and warrant that I have the legal authority to enter into this Program Release on the Minor Participant’s behalf. I also agree that I consent to the collection of the Minor Participant’s information that is being provided for purposes of registration.
3. While participating in the Program, I am aware of and appreciate the risks and hazards that may result, and knowingly and freely assume all such risks and hazards, known and unknown, associated with participating in the Program, and, understanding such risks, voluntarily desire to participate in the Program, and regardless of whether such risks and hazards are covered by my personal health insurance or other types of insurance, and I hereby expressly assume full responsibility for my participation, including any and all risk of injury, harm, or loss that I may incur as a result of my participation in the Program.
4. I acknowledge and agree that I, and I alone, am solely responsible for my personal health and safety and the personal property I bring with me.
5. I acknowledge that I am responsible for my own transportation to and from any activities related to the Program and assume all risks associated with such travel.
6. I hereby give consent and authority to the Foundation to obtain medical treatment on my behalf if I am injured or require medical attention during my participation in the Program. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless the Foundation from any claim whatsoever in connection with such treatment or other medical service.
7. I consent to the collection and use of my personal data in accordance with the Foundation’s privacy policy, which complies with applicable data protection laws.
8. I agree to maintain the confidentiality of any sensitive information I may encounter during my participation in the Program and will not disclose such information to unauthorized parties.
9. I understand that any data or information (including personal data) I collect from third parties during my participation in the Program must be handled in compliance with applicable data protection laws and any data privacy and the non-disclosure and confidentiality agreement provided by the Foundation.
10. I willingly agree to read and abide by all of the Foundation’s rules of participation, all safety materials, data privacy and the non-disclosure and confidentiality agreement provided by the Foundation.
11. I agree to comply with all applicable local laws and regulations while participating in the Program.
12. I, ON BEHALF OF MYSELF AND MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, ESTATE AND NEXT OF KIN, HEREBY VOLUNTARILY, IRREVOCABLY AND FOREVER: (I) RELEASE AND DISCHARGE THE FOUNDATION, ITS EMPLOYEES, OFFICERS, AGENTS, VOLUNTEERS, OFFICIALS, REPRESENTATIVES, AND OTHER PARTICIPANTS (COLLECTIVELY, “RELEASEES”), FROM ANY AND ALL LIABILITY WHATSOEVER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY AND ALL INJURIES, DISABILITIES, DEATH, LOSSES OR DAMAGES TO PERSON OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH MY PARTICIPATION IN THE PROGRAM, WHETHER OR NOT CAUSED BY THE INTENTIONAL CONDUCT, ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW; (II) WAIVE MY RIGHT TO SUE OR MAKE ANY DEMAND WHATSOEVER AGAINST ANY RELEASEE FOR ANY DAMAGES OR LOSSES ARISING, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH MY PARTICIPATION IN THE PROGRAM; (III) AGREE NEVER TO SUE ANY RELEASEE ASSERTING ANY CLAIM FOR DAMAGES OR LOSSES SUFFERED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH MY PARTICIPATION IN THE EVENT; AND (IV) AGREE TO INDEMNIFY AND HOLD EACH RELEASEE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, SUITS, DAMAGES, EXPENSES, COSTS, LIABILITIES, JUDGMENTS, SETTLEMENTS AND LOSSES OF ANY AND EVERY KIND SUFFERED OR INCURRED BY ANY RELEASEE AND ARISING, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH MY PARTICIPATION IN THE PROGRAM.
13. I agree to indemnify and hold harmless the Foundation from any claims, damages, or liabilities arising from my actions or omissions during my participation in the Program.
14. By participating in this program, I acknowledge and agree that the Foundation reserves the right to cancel the Program at any time and for any reason. In the event of cancellation, the Foundation shall have no responsibilities or obligations to you, including but not limited to reimbursement of any costs or expenses incurred. I agree that the Foundation shall not be liable for any direct, indirect, incidental, or consequential damages arising from the cancellation. The Foundation will attempt to notify you of any cancellation as soon as reasonably practicable, but shall not be liable for any failure to provide such notification. Furthermore, the Foundation shall not be considered in breach of this waiver or otherwise liable for any failure or delay in performance if such failure or delay arises out of causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, or governmental restrictions.
15. I confirm that I am participating in the Program of my own free will and understand that my role is strictly voluntary.
16. I understand and agree that I am participating in the Program opportunity as an individual participant and not as an employee of the Foundation. I acknowledge that I am not entitled to any compensation, benefits, or insurance coverage from the Foundation, including but not limited to health, accident, disability, or workers’ compensation insurance.
17. I understand this Program Release inures to the express benefit of the Releasee and may be relied upon and enforced by any Releasee. I also understand that the effectiveness of this Program Release shall indefinitely survive my participation in the Program.
18. I understand and agree that I am free to use the Foundation name in a nominative context in my fundraising and/or outreach efforts, but that my participation in the Program does not convey to me any ownership interest in the Foundation name or trademark, or any other trademarks or intellectual property owned by the Foundation, and my use of such marks may be further restricted or prohibited by the Foundation for any reason and at any time.
19. I understand and agree that my name, image, likeness, voice, photograph or appearance may be used in perpetuity, alone or in combination with other materials or content, by the Foundation and its employees and agents for informational, educational, promotional and/or publicity purposes, among others, including but not limited to use on websites or in social media, podcasts, blogs, videos, emails, publications, displays, newspapers, magazines, advertisements, reports, audio files and other media. I consent to, license, and authorize, in advance, all such uses and waive all rights of privacy I have in connection therewith. I further understand that I will not be compensated for any such use. I also agree to release the Foundation and its employees and agents from any and all liability arising out of or connected to the use of my name, image, likeness, voice, photograph or appearance as stated above.
20. If any provision of this waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect.
21. This waiver shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law provisions.
I HAVE CAREFULLY READ THE PROGRAM RELEASE POLICIES SET FORTH ABOVE. I FULLY UNDERSTAND THE TERMS AND CONDITIONS OF THE PROGRAM RELEASE AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY AGREEING TO THE PROGRAM RELEASE. I AM AWARE THAT BY SELECTING THE “I ACCEPT” CHECK BOX DURING THE REGISTRATION PROCESS, I AM AGREEING TO ALL OF THE TERMS AND CONDITIONS OF THE PROGRAM RELEASE. KNOWING ALL OF THIS, I AGREE TO THE PROGRAM RELEASE IN ITS ENTIRETY FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
