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 fundraise on behalf of ACS and/or engage in certain
activities and/or events with ACS ("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 in
conducting the Activities that Participant may choose to engage in physical
activities 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 such physical activities.
WEB PAGE CONTENT. ACS provides web pages to participants
("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. 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.