Legal Terms & Agreement, Release of Liability, Use of Trademarks
WAIVER, RELEASE, & LICENSE AGREEMENT
Assumption of Risk and Complete Release of Liability
I, intending to be legally bound, understand and agree that I am voluntarily participating in a race, relay, endurance event, training program, sailing, boating, or other on-water activity, or other event(s) and all related activities (the "Event") with The Leukemia & Lymphoma Society ("LLS") at my own risk.
Assumption of Risk: I acknowledge that I am aware of the risks, both known and unknown, inherent in participating in the Event, including but not limited to: trips or falls; contact or collisions with other participants, spectators, or others; uneven surfaces; the effects of and exposure to weather and environmental conditions; and other training or Event course conditions; and that I HEREBY ASSUME SUCH RISKS and accept full responsibility for these activities, and for any injury, damage, death, or other loss suffered by me resulting from the Event and/or resulting from my own negligence or misconduct. I certify that I am physically fit, have not been otherwise informed by any physician, and know of no restrictions imposed on me that would prevent me in any way from actively participating in the Event.
Release and Indemnity Agreement: In consideration of being permitted to participate in this Event, I, on behalf of myself, my successors in interest, heirs, assigns, and representatives, hereby waive all rights of subrogation and fully release, waive, discharge, indemnify, and hold harmless LLS and its subsidiary and affiliated organizations, its officers, directors, agents, employees and representatives, successors and assigns (be they individuals or organizations, singly and collectively), together with their insurers ("Releasees"), from any and all claims, liabilities, demands, suits or causes of action, which are in any way connected with my participation in the Event, including for any injury, damage, death, or other loss. THIS RELEASE OF LIABILITY IS EFFECTIVE AND VALID REGARDLESS OF WHETHER THE INJURY, DEATH, DAMAGE, OR OTHER LOSS IS A RESULT OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF RELEASEES.
Medical Authorization: I hereby grant permission to the Releasees to render preventative or first-aid assistance or seek medical care that they deem reasonably necessary for my health and well-being, including transportation to a hospital or other medical facility. I agree to assume all risks and pay all costs associated with that assistance, care, and transportation.
Code of Conduct: I agree to comply with all rules, regulations, and safety procedures during my participation in the Event and realize that my failure to do so may result in further injury and damage to myself or others for which I will be liable.
Publicity Release: In connection with my participation in the Event, I give permission for Releasees to use my name, photograph, likeness, and voice in any manner and in all media now or hereafter known, in perpetuity throughout the world, without compensation of any kind.
Trademark License Agreement: LLS grants members of TEAM IN TRAINING who have signed this participation agreement (individually or collectively “Members”) the limited, revocable, non-exclusive right to use the following trademark (“Mark”) subject to the terms below:
For quality control purposes, Members’ use of the Mark must conform to standards set by, and remain under the control of, LLS. Members shall use the Mark only to indicate that they are fundraising on behalf of LLS as members of TEAM IN TRAINING (i.e., as a collective membership mark). Members must use the most current version of the Mark as shown in the brand/logo guidelines, which may be updated from time to time, including to the extent the “TM,” “SM” or “®” symbol is shown. Members may not use Mark in combination with any third-party brands. Members are allowed to use the Mark to make clothing or merchandise solely in connection with their fundraising efforts on behalf of LLS. Members must provide LLS with examples of their use of the Mark, immediately upon request. Members may not alter the Mark. Members who wish to use the Mark in a form or manner that is not granted in the License (e.g., as a designation of origin), or who wish to use any other trademark owned by LLS, must obtain a separate written license from LLS.
Members’ use of the Mark inures solely and permanently to the benefit of LLS, its successors, and assigns. Members may not (1) sublicense either the Mark, parts thereof, or confusingly similar marks; (2) challenge the License or LLS’ use, rights, applications, registrations, or third-party licensing with respect to the Mark or parts thereof; (3) seek to register or claim rights in the Mark, parts thereof, or confusingly similar marks; (4) use marks that are parts of, or confusingly similar to, the Mark; (5) use the Mark or parts thereof in a way that, in LLS’ view, either (a) violates trademark or other laws, (b) tarnishes or disparages the positive image and goodwill of LLS or the Mark, or (c) causes confusion, mistake, or deceives others into thinking that LLS is the origin of, sponsors, endorses, certifies or otherwise approves of either Members (except with respect to their status and fundraising efforts on behalf of LLS as members TEAM IN TRAINING) or Members’ goods, services, or commercial activities; or (6) sue or threaten to sue LLS for contributory infringement regarding activity by other Members that use the Mark. Members that use the Mark automatically agree to release, defend, indemnify, and hold harmless the LLS from third-party claims regarding Members’ activities. This paragraph of the License survives termination of the License.
As soon as Members are no longer in compliance with this participation agreement, the rights granted to Members under the License automatically terminate. LLS may also terminate the rights under the License, or prohibit any particular use of the Mark by notice to Members at any time. Once the License terminates, Members must immediately and permanently stop using the Mark.
This Waiver, Release & License Agreement will be governed by and subject to the laws of the State of New York without regard to any conflict of law rules. Jurisdiction and venue in any matter arising out of this Waiver, Release & License Agreement shall be proper in the federal and state courts located in Westchester County, New York.
I HAVE READ AND FULLY UNDERSTAND THIS WAIVER, RELEASE & LICENSE AGREEMENT AND UNDERSTAND THAT I AM ASSUMING ALL THE RISKS INHERENT IN THE EVENT AND THAT I AM RELEASING ANY AND ALL CLAIMS THAT I MAY HAVE AS A RESULT OF MY PARTICIPATION IN THE EVENT.
Electronic Signature Consent: I further agree that my electronic signature or acknowledgment constitutes my acceptance of this Waiver, Release & License Agreement and will have the same legal effect as an original signature.
FOR PARENTS/GUARDIANS OF PARTICIPANTS UNDER 18
This is to certify that I, as parent or legal guardian with legal responsibility for this participant, on behalf of myself, the participant, and other family members, understand and agree to the terms of this Waiver, Release & License Agreement and agree to be bound by them, hereby assuming all risks and releasing the Releasees from any and all claims and liabilities that may result from this minor child's participation in the Event.