CONSENT AND RELEASE:
PLEASE READ CAREFULLY BEFORE PROCEEDING!
This Consent, Release and
Waiver of Liability (the "Release") is hereby executed on the date
written below by the undersigned participant or volunteer (the
"Participant") in favor of the American Cancer Society, Inc., their
affiliated divisions and entities, including in each case, without limitation,
their directors, officers, employees, volunteers, and agents (collectively
"ACS"). The Participant desires to engage in certain activities
and/or events with ACS, including but not limited to Relay for Life® and/or
Making Strides Against Breast Cancer® (the "Activities") and
understands that his/her participation in these Activities may include but are
not limited to camping, picnicking, walking, jogging, running, bicycling, golfing,
other recreational activities, and any other events or activities reasonably
anticipated to be performed by Participant as a part of or in any way
associated with ACS Activities. The Participant acknowledges that he/she
derives personal satisfaction and a benefit by virtue of his/her participation
with the ACS and/or performing the Activities discussed above, and Participant
willingly engages in these Activities.
The Participant hereby
freely, voluntarily, and without influence from anyone or duress of any kind
executes this Release and consents and agrees to each of the following:
RELEASE AND WAIVER. THE
UNDERSIGNED PARTICIPANT HEREBY RELEASES, WAIVES AND FOREVER DISCHARGES ANY AND
ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST ACS,
INCLUDING ITS SUCCESSORS AND ASSIGNS, EITHER IN LAW OR IN EQUITY, TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE,
FAULT OR MISCONDUCT OF ANY KIND ON THE PART OF ACS FOR DAMAGES OR CAUSES OF
ACTION, INCLUDING BUT NOT LIMITED TO DEATH, BODILY OR PERSONAL INJURY, ILLNESS,
ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH
PARTICIPANT, HIS/HER HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR
DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON THEIR
BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM THE PERFORMANCE OF
PARTICIPANT'S ACTIVITIES AND/OR PARTICIPATION WITH ACS ACTIVITIES.
ASSUMPTION OF THE RISK.
The Participant understands that the Activities include work that may be
hazardous to the Participant, including but not limited to camping, picnicking,
walking, bicycling, jogging, and running, and any other activities reasonably
anticipated to be performed by Participant as a part of or in any way
associated with ACS Activities, and hereby knowingly assumes the risk of
injury, harm and loss associated with the Activities and participation with the
ACS, including any injury, harm and loss caused by the negligence, fault or
misconduct of any kind on the part of ACS.
MEDICAL TREATMENT.
Participant does hereby release and forever discharge ACS from any claim
whatsoever which arises or may hereafter arise on account of any first aid,
treatment, or service rendered in connection with the Participant's Activities
with ACS. Participant hereby grants permission to ACS to render preventative or
first-aid assistance or seek treatment or medical care that seems reasonably
necessary, including hospitalization, for Participant's health and well-being.
Participant agrees that ACS may give out any and all medical information,
including Participant's personal health information ("PHI"), to any
physicians, hospitals, ambulance companies, or any other health care provider
in the event of an emergency and/or hospitalization, as reasonably necessary
for purposes related to Participant's treatment.
WEB PAGE CONTENT. ACS
provides web pages to participants of its signature events such as Relay For
Life® and Making Strides Against Breast Cancer® ("Participant Pages")
as a service. All donations received through the Participant Pages are
contributions for which no goods and services have been provided. Therefore,
Participant Pages shall not contain any language which suggests that
merchandise will be provided in exchange for their contribution. Participants
are expressly prohibited from offering merchandise sales, prizes, raffles,
giveaways, lotteries, contests, tournaments, lucky draws, or any games of
chance on their Participant Pages either as an outright token action or as an
inducement to solicit donations. As a Participant, you are limited to
disseminating information that is for the benefit of ACS Relay For Life® and
ACS Making Strides Against Breast Cancer®. The Participant Pages are expected
to represent ACS in a professional manner in accordance with the ACS Internet Privacy
Policy. Furthermore, Participants are expressly prohibited from including
information on their Participant Pages that are inconsistent with ACS's mission
and values. Participant Pages shall not advertise for-profit business. Examples
of prohibited subjects include, but not are limited to, the sale or promotion
of any goods or services, an endorsement or perceived endorsement of any goods
or services, support or opposition of a political party or a political
candidate, materials affiliated with tobacco or tobacco-related products and
any other products inconsistent with ACS's mission, content of any nature which
may result in fraud or misrepresentation to the public, pornographic or
otherwise offensive sexual materials, racially or ethnically prejudicial
materials, overtly religious materials or any other information that may be
offensive to the general public. ACS reserves the right to edit or remove any
participant page that ACS deems in violation of these policies and standards.
IMAGE RELEASE. Participant
does hereby grant and convey unto the American Cancer Society, Inc. all right,
title, and interest in any and all photographic images and video or audio
recordings made by the American Cancer Society, Inc. during the Participant's
Activities with the American Cancer Society, Inc., including, but not limited
to, any royalties, proceeds, or other benefits derived from such photographs or
recordings. Participant hereby releases, discharges and agrees to save harmless
ACS, its legal representatives or assigns, and all persons acting under its
permission or upon its authority or for whom it is acting, from any liability
by virtue of any publication of Participant's likeness, including, without
limitation, claims for libel or invasion of privacy.
THE FOLLOWING MUST ALSO
BE COMPLETED BY PARENT OR GUARDIAN IF PARTICIPANT IS A MINOR CHILD UNDER 18
YEARS OF AGE:
In consideration of the
minor child's (under 18 years of age) (Minor Participant) participation in ACS
Activities the undersigned in his/her capacity as Minor Participant's parent or
guardian, hereby (a) give permission for the Minor Participant, who is my child
or ward, to participate voluntarily in ACS Activities and/or perform the
Activities referenced in the Release, and (b) understand that this Release
forever releases, waives and discharges any and all liability, claims, and
demands of whatever kind or nature against ACS, including ACS's successors and
assigns, either in law or in equity, to the fullest extent permissible by law,
including but not limited to the negligence, fault or misconduct of any kind on
the part of ACS for damages or causes of action, including but not limited to
death, bodily or personal injury, illness, economic loss or out of pocket
expenses, or loss or damage to property, which Minor Participant, his/her
heirs, assignees, next of kin and/or legally appointed or designated
representatives, may have or which may hereinafter accrue on their behalf,
which arise or may hereafter arise from the performance of Minor Participant's
Activities and/or his/her participation in ACS Activities.
I also acknowledge
reading and understanding all of the terms and conditions set forth in the
Release signed by my child or ward, and consent and agree to each and every
term and condition contained in the Release.
Checking the box below,
and completing this registration does prove that you are consenting to the
waiver & release of certain legal rights as set forth in this release and
waiver of liability agreement.
I understand that this
document is intended to be as broad and inclusive as is allowed by law and that
if any portion is held invalid the remaining will continue in full legal force
and effect.
I UNDERSTAND THAT BY INITIALING THIS DOCUMENT I AM BEING LEGALLY BOUND
BY THE TERMS OF THIS RELEASE AND WAIVER OF LIABILITY.