I AGREE ALL REPRESENTATIONS, RELEASES, WAIVERS, AND COVENANTS ARE GIVEN ON BEHALF OF ME, MY MINOR CHILDREN, AND WARDS WHO PARTICIPATE. MINORS UNDER 18 YEARS OF AGE OR THE AGE OF MAJORITY IN MINOR’ S STATE OR TERRITOR Y OF RESIDENCE, IF GREATER THAN THE AGE OF 18 MUST BE ACCOMPANIED BY A PARENT/LEGAL GUARDIAN WHO IS ALSO A REGISTERED PARTICIPANT. 

 

I understand and agree that my execution of this Waiver and Release is a prerequisite for my participation in The Susan G. Komen Breast Cancer Foundation, Inc.’s (“Komen”) event (the “Event”) which is described on the registration page, and that there are risks inherent in participating in the Event, including strenuous physical activity associated with walking, running, or otherwise traveling long distances, fundraising, gathering with people (and pets, if applicable), being shuttled to other sites, eating and drinking, staying overnight in a tent or hotel room with others Komen may assign to that space (if applicable), and using public streets and facilities (the “Activities”). I am aware of and appreciate the risks that may result from the Activities, including falling, injuries from strenuous physical activities, contact with people/animals, exposure to COVID-19 or other viruses, illnesses or diseases, negligent/intentional acts of other participants or volunteers or non- participants, driving to/from Event, traffic, defects/conditions of premises, exposure to extreme weather or other environmental hazards, public safety threats, road surface conditions, failure of vehicle drivers to observe traffic laws, any other injury or accident that may occur during my participation, and risks not known to me or not reasonably foreseeable at this time. I hereby voluntarily assume full and complete responsibility for, and the risk of, any injury or accident that may occur during my participation in the Event or while on Event premises. 

 

In consideration for participating in the Event, I for myself and next of kin/heirs, waive and release Komen, its directors, employees, volunteers, agents, affiliates, vendors, contractors, government or public entities (including, but not limited to, the Department of Transportation), successors, and affiliated organizations and all of the above-listed entities' respective directors, officers, agents, employees and members, and all other persons or entities associated with the Event (collectively, “Releasees”), from any and all claims, injuries, damages and attorneys’ fees arising out from participant Activities. I, on behalf of myself and my releasors, intend by this Waiver and Release to release in advance, and to waive my rights and to discharge all of the releasees from all claims, losses or liabilities I or my releasors might suffer in connection with my participation, or which may hereafter accrue to me or my releasors (including, but not limited to, claims, losses or liabilities for death, bodily injury or property damage) 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 is binding on my releasors, assigns and legal representatives. 

 

If Event is held in CA: 

This Release extends to claims and facts unknown and unsuspected to exist at the time of executing this Release. All rights under Section 1542 of the CA Civil Code are expressly waived with respect to any of the claims, injuries, or damages described in this agreement. Section 1542 of the California Civil Code: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 

 

I give Komen the irrevocable, perpetual, and worldwide right to use, copy, publicly perform, display, distribute, modify, translate, and create derivative works of, for any purpose and without compensation, my name, city and state or geographical region, statements, biographical information, including but not limited to my personal health information, likeness, photos, videos, voice, audio, and other recordings of me, and any original material I create, , and biographical information, including but not limited to my personal health information, as well as any personal statements, photographs whether provided/created by me or created by Komen or its agents, related to Event (“Materials”). I waive the right to inspect or approve Materials. I further represent and warrant that I own and control all rights to such Materials and have the right to grant the license and ownership to Komen and its licensees, successors, and assigns, and that all contributions do, and will, comply with Komen’s Terms of Use found on komen.org. I release the Grantees from any liability, damages, or claims resulting from the use of Materials. 

 

I hereby acknowledge Komen’s sole ownership of Materials provided by me when (i) uploaded and/or submitted through an online portal, including but not limited to komen.org and social media channels (ii) attached to an email, or (iii) by any other electronic means via cell phone or computer. I waive the right to inspect or approve Materials. Komen may assign any of the above rights to third parties. I release Komen from any liability, damages, or claims resulting from the use of the Materials, including, but not limited to, claims for libel or invasion of privacy. I understand and agree that the terms herein are binding on my releasors, assigns, and legal representatives. I understand that all donations made in connection with the Event are non-refundable and non- transferable, even if I do not participate in the Event or if the Event is canceled for any reason. I also understand that the registration fee is non-refundable, non-transferable, and not tax deductible. If I have a fundraising minimum requirement and have not met it by the deadline, I may choose not to participate or be prohibited from doing so. 

 

I am medically/physically able to participate and complete the Event. I take responsibility for consulting a physician to discuss my participation. If I am aware of or under treatment for any physical infirmity, ailment or illness, I have discussed the Event and my participation with my medical care provider(s) familiar with such condition and he/she has approved my participation. I will maintain personal health insurance at all times during my participation. In the event of injury, accident or illness during my participation, I consent to receive, and authorize Event organizers, officials, volunteers, medics and other medical personnel, participants and spectators to use their discretion to administer, first aid, medical care and/or medical treatment. I consent to emergency medical care/transportation, as medical professionals deem appropriate. This extends to liability arising out of or connected to medical care/transportation provided. I certify that I have not had symptoms of or been exposed to COVID-19 in the past fourteen days. If impacted by COVID-19 I will not participate. I understand that senior citizens and individuals with underlying medical conditions are especially vulnerable to COVID-19. I acknowledge that I, alone, am solely responsible for my personal health and safety, and the personal property I bring with me in connection with my participation. 

 

I will read the Event description and rules for my participation, and I will abide by all laws and safety procedures as well as rules established by the Event organizers and personnel. I understand that the Event organizers reserve the right, in their sole discretion, to refuse registration and/or participation to anyone at any time before or during the Event. I will exhibit appropriate behavior and not endanger others or negatively affect the Event or any person/property. I further agree that my participation in the Event is subject to the sole discretion of the Event organizers and the Event medical professionals, and that my participation may be limited for medical or other safety-related reasons. 

 

I understand that, in connection with my participation, I have Komen's limited permission to use the Event’s logos for personal use as a participant. I understand that I do not have permission to, and will not use, any other logo, phrase, name or trademark that is the property of Komen without Komen's prior written approval. I understand that Komen is the sole and exclusive owner in all rights, title, and interest in and to numerous trademarks and service marks that are related to breast cancer awareness and charitable fundraising services, together with the associated goodwill therewith (collectively, "Komen Marks"). I hereby acknowledge Komen's ownership of the Komen Marks, and agree not to contest or assist others to contest the ownership and validity of them, and further agree I will not, without written license from Komen, use any Komen Mark or any logo, phrase, name or trademark that is confusingly similar to a Komen Mark. Any use of the Komen Marks by me (whether or not authorized by Komen), shall inure to the benefit of Komen. 

 

If applicable, I further agree to comply with all laws relating to the promotion and conduct of any fundraising activities associated with my participation, file all appropriate registrations as may be required or necessary for promoting and conducting any fundraising activities associated with my participation, and obtain all permits, releases, consents, licenses, and approvals as may be required or necessary for promoting and conducting any fundraising activities associated with my participation.

 

I understand that Komen may share my name and participant information for security, if requested in legal proceedings, in the event of an emergency, or if in alignment with Komen’s Privacy Policy. For more information, please review the Privacy Policy on Komen’s website. 

 

This agreement will be construed under the laws of Texas. If any provision is deemed unenforceable, Komen may modify to the extent needed to be deemed enforceable and all other provisions will remain in full force and effect. 

 

I certify I am at least 18 years old and have reached the age of majority in the state which I reside. I understand minors under 18 or otherwise under the age of majority must be accompanied by a parent/guardian who is also registered to participate. I understand I have given up substantial rights by accepting this agreement and have signed it freely and voluntarily. My acceptance is a complete and unconditional release of liability.