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 (including, as applicable, Team In Training practice/training events and event weekend 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, volunteers, spectators, employees or others; uneven surfaces; the effects of and exposure to weather and environmental conditions; other training or Event course conditions; theft of or damage to personal property (including theft of or damage to bicycles shipped through third party vendors); and travel to or from the Event; 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 during my hotel/accommodations stay 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 the 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, including its and their officers, directors, agents, employees, representatives (including, but not limited to, volunteer coaches/captains), successors and assigns, sponsors, vendors, and Event hosts/organizers/venues (be they individuals or organizations, singly and collectively), together with their insurers ("Releasees"), from and against any and all claims, losses, 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 grant to the LLS, its medical staff and their respective designees access to my medical records and physicians, as well as other information relating to medical care that may be administered to me due to my participation in this Event. I acknowledge and agree that I am responsible for any payments due to any service providers who furnish any such treatment, including emergency medical transport services, and I authorize the LLS to provide contact information for me to any medical service provider seeking such payment.
COVID-19 Waiver and Release: I acknowledge and understand that COVID-19 can be a serious health concern. I understand that an inherent risk of exposure to COVID-19 exists in any public place where people are present and will judge my own ability to participate in light of this health threat. I will follow all applicable governmental regulations and Event guidelines regarding health, safety and infectious disease control, specifically including any requirements for masks and/or social distancing, and realize that my failure to do so may result in injury and damage to myself or others for which I will be liable. I further understand that even if I follow all recommended safety precautions, that I may still become exposed to, infected with, or transmit COVID-19 or other communicable diseases.
Code of Conduct: I agree to further comply with all other 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.
Campaign Funds: I understand that funds raised through the TEAM IN TRAINING campaign cannot be restricted to a specific LLS mission program.
Cancellation Policy: If the Event course is changed, shortened or cancelled by the race organizers, and/or the race organizers transition the Event into a virtual experience, and/or LLS transitions to a fully virtual program experience (i.e. no in-person onsite functions at the Event), and/or I am unable to compete in or complete the Event for any reason, LLS is under no obligation to provide me entry into another LLS event or allow me to transfer current fundraising totals towards participation in another event, and I remain responsible for the entire fundraising commitment amount for the Event I originally registered for.
Publicity Release: In consideration of LLS permitting me to participate in the Event, I give permission for Releasees to use my name, biography, photograph, likeness, image and voice in any manner and in all media now or hereafter known, in perpetuity throughout the world, without compensation of any kind. I agree that the LLS may publish my Personal Information (defined below) as part of the results of the Event and may pass such information to any affiliated organization for purposes such as obtaining insurance, obtaining permits and/or for publishing results either for the Event alone or combined with or compared to other similar events. Personal information here may include, without limitation, name, any club affiliation, race times, occupation, town of residence, and age category.
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 (the “License”):
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’s 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 of 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 LLS from third-party claims regarding Members’ activities. This paragraph 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.
Severability: I acknowledge that if any one or more of the provisions set forth herein should be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein will not in any way be affected or impaired thereby. I further acknowledge that if any provision is determined to be invalid, illegal or unenforceable, such provision shall be reformed and construed in such a manner that it will, to the maximum extent practicable, be deemed to be valid, legal and enforceable.
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 Releases from any and all claims and liabilities that may result from this minor child's participation in the Event.