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| Waiver/Agreement |
| By clicking on "I Agree," you agree, warrant and covenant as follows: |
The Lance Armstrong Foundation (LAF) requires that any persons and organizations fundraising on behalf of the Foundation and under the auspices of the Grassroots Events Program agrees and adheres to the following terms and conditions:
1. The LAF will review all individual events within 5 business days of submission and if not approved will notify the Event Organizing Group by email. Individual events will be considered approved if they have not received a notice of disapproval in this timeframe.
2. Nothing in this Agreement creates a joint venture, partnership, principal-agent, employer-employee or similar relationship between the LAF and the Event Organizing Group, or any members of the Event Organizing Group. Anyone wishing to enter into such an agreement with the LAF, to include branding an event or item as LIVESTRONG®, must enter into formal negotiations by contacting the LAF Chief Operating Officer at 512-236-8820.
3. Once approved and during the term of this Agreement, the LAF hereby grants the Event Organizing Group a limited, non-exclusive right to use the "Benefiting LIVESTRONG® Lance Armstrong Foundation" logo in promotional materials related to the fundraising event. The Lance Armstrong Foundation reserves the right to refuse the use of the LAF name or marks at any time.
4. The Event Organizing Group assures that all expenses for the proposed fundraiser will be paid by funds of the Event Organizing Group. Furthermore, if any donations for the event are being utilized to offset expenses, then checks, credit cards, or money orders MUST be payable to the Event Organizing Group and will not be considered tax-deductible unless the Event Organizing Group is a non-profit 501(c)3.
5. The LAF will receive the event contribution within 30 days of the completion of the event, either though an online donation(s) to the link provided or mailed to the National Mail Processing Center in Albert Lea, MN using the Grassroots Fundraising Donation Form available at http://my.livestrong.org. Mailed donations must have the appropriate unique Supporter ID # provided on both the check and form in order for proper crediting to occur.
6. The LAF, its directors, employees and legal representatives shall be indemnified and held harmless from all claims, loss, damage, injury, liability, costs and expenses of whatsoever kind or nature caused by, arising out of, or occurring in connection with, any act or omission to act by the Event Organizing Group in connection with the described event. LAF insurance will not cover any event held by the Event Organizing Group nor will the LAF be listed as a co-insured on any coexisting event.
7. The LAF abides by the standards set by the Council of Better Business Bureaus. All collateral materials relating to the event must meet the following standards: (a) state that the LAF is the benefiting organization; (b) state that more information about the LAF may be found by visiting the website at www.livestrong.org or by calling the LAF at 512-236-8820; and (c) the actual or anticipated percent or portion of sales, admission price or other proceeds that will benefit the LAF.
8. This Agreement is binding upon and inures to the benefit of each of the parties hereto and their successors and assigns; provided, however, neither party may assign or transfer (including, without limitation, by operation of law) this Agreement, including the rights and obligation hereunder, without prior written consent of the other party, and any such attempted assignment or transfer shall be null and void.
9. Persons, groups, or businesses participating in physical activities in order to raise funds for the LAF through the Grassroots Events program must agree to the following waiver:
"In consideration for being permitted to participate in this event, I agree to assume all risks and to release, hold harmless and covenant not to sue the Lance Armstrong Foundation, and any designated beneficiaries, sponsors, officials, participating clubs, communities, organizations, friends of the event, and all other government or public entities for any claim, loss or liability that I may have arising out of my participation in the event, including bodily injury, death or property damage, whether caused by negligence or carelessness of the releasees or otherwise.
I intend by the 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 in this event, 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 this event. I understand that I may be asked to provide a doctor’s note or other proof that I am permitted to participate by my primary healthcare provider. If I am aware of or under treatment for any physical infirmity, ailment or illness, my medical care provider knows of and has approved my participation in this event. I will maintain personal health insurance while participating in the event. I acknowledge that I, and I alone, am solely responsible for my personal health and safety, and the personal property I bring with me. I will read the event description and rules for participation in the event 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 in the event is subject to the sole discretion of the organizers of the event, and that my participation may be limited for medical or other safety-related reasons.
I understand that my name, photograph, voice or likeness may be used for all promotional purposes related to the event by the Lance Armstrong Foundation, and their sponsors, beneficiaries, licensees, affiliates and employees. I consent to and authorize, in advance, such use and waive all rights of privacy I have in connection therewith. And I understand that I will not benefit financially from any use thereof.
I have carefully read this Waiver and Release of Liability and fully understand its contents. I am aware that by agreeing to this Waiver and Release of Liability, I am waiving legal rights and knowing this, I sign it of my own free will." |
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