Waiver
RELEASE OF CLAIMS AND WAIVER OF RIGHTS: PLEASE READ CAREFULLY BEFORE PROCEEDING!
I will engage in certain events and/or fundraising activities of Team PHenomenal Hope (TPH), including but not limited to Team PHenomenal Hope and/or other walks, runs, cycling or other events (the "Activities"). I acknowledge that I derive personal satisfaction and benefit from my engagement with TPH and my participation in the Activities discussed above. In consideration of my participation in the Activities, I hereby freely, voluntarily, and without influence from anyone or duress of any kind, for myself, my executors, administrators, heirs, next of kin, successors, and assigns, consent and agree to each of the following, in favor of the Team PHenomenal Hope, Inc., its affiliated divisions and entities, event site or facility owners and operators, subcontractors, organizers, and sponsors, including in each case, without limitation, their directors, officers, employees, volunteers, agents, successors and/or assigns (collectively "TPH"):
ASSUMPTION OF THE RISK. I understand that the Activities include actions that may be hazardous to me, including camping, picnicking, walking, jogging, running, bicycling, swimming, water plunging, golfing, exercising, climbing, other recreational or team sports, and/or other physical activity reasonably anticipated to be performed in connection with the Activities. I willingly engage in these Activities and I knowingly assume the risk of injury, harm and loss associated with the Activities, including any injury, harm and loss caused by the negligence, fault or misconduct of any kind on the part of TPH.
RELEASE AND WAIVER. I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST TPH (AS DEFINED ABOVE), 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 TPH FOR DAMAGES OR CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO DEATH, DISEASE, BODILY OR PERSONAL INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY 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 MY ATTENDANCE AT, PERFORMANCE OF, AND/OR PARTICIPATION IN THE ACTIVITIES.
EFFECTIVE DURATION. I UNDERSTAND AND AGREE THAT THIS RELEASE AND WAIVER WILL APPLY TO AND GOVERN MY PARTICIPATION IN ANY AND ALL TPH ACTIVITIES AND/OR EVENTS FOR THREE YEARS FROM THE DATE HEREOF. I FULLY INTEND AND AGREE FOR THIS RELEASE AND WAIVER TO BE EFFECTIVE FOR THE FOR THE NEXT THREE YEARS FROM THE DATE HEREOF .
IMAGE RELEASE. I understand that I may be photographed or recorded at TPH events or Activities. I hereby grant and convey to TPH all right, title, and interest in any and all photographic images and video or audio recordings of me made during or in connection with the Activities, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. I hereby release, discharge, and agree to hold harmless TPH, 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 my likeness, including, without limitation, claims for libel or invasion of privacy.
WEB PAGE CONTENT. I understand that TPH may use the information that I provide during this registration to create an individualized web page for me to use for fundraising purposes related to signature events ("Participant Pages"). All donations received through the Participant Page are contributions for which no goods or services have been provided. Therefore, I acknowledge that my Participant Pages shall not contain any language which suggests that merchandise will be provided in exchange for any contribution. I understand that I am prohibited from offering merchandise sales, prizes, raffles, giveaways, lotteries, contests, tournaments, lucky draws, or any games of chance on my Participant Pages either as an outright token action or as an inducement to solicit donations. As a participant, I understand that I may only disseminate information that is for the benefit of TPH and that I am expressly prohibited from advertising for any for-profit business. My Participant Pages are expected to represent TPH in a professional manner and may not include information that is inconsistent with TPH’s mission or values. 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, 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. TPH reserves the right to edit or remove any Participant Page that TPH deems in violation of these policies and standards.
ATTENDANCE OR PARTICIPATION BY MINOR CHILDREN. I agree that any and all representations made and releases, waivers, covenants, consents and permissions that I have given above are given on behalf of me and any and all of my minor children or persons over whom I have guardianship who participate in or attend the Activities ("Minor"). In consideration of the Minor's participation in or attendance at the Activities, I, in my capacity as Minor's parent or guardian, hereby (a) give permission for the Minor to participate voluntarily in the Activities, and (b) understand that this Release and Waiver forever releases, waives and discharges any and all liability, claims, and demands of whatever kind or nature against TPH, 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 TPH 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, 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 Minor's attendance at, performance of, and/or participation in the Activities. In my capacity as Minor's parent or guardian, I also give consent to TPH to collect information about the Minor that is needed to register him or her. I understand that TPH will not collect more information about the Minor than is reasonably necessary to participate in the Activities. I also understand that in consenting to a Minor's registration, I am enabling the Minor to participate in all communication aspects of the event Website, including posting content on the Minor's Participant Page that may be accessible to the public.
COLLECTION OF INFORMATION. I understand that personal information that I am providing will be used by TPH as outlined in its privacy statement (located on www.teamph.org). Additionally, I understand that if I am joining a team to participate in the event, my personal information (such as name, contact information and donation amount) will be accessible to the corporate team sponsor and/or team captain, even if I choose not to disclose this information publicly on the team site.
I UNDERSTAND THAT BY SIGNING THIS DOCUMENT EITHER ELECTRONICALLY OR ON PAPER, I AM CONSENTING AND AGREEING TO THE WAIVER AND RELEASE OF CERTAIN LEGAL RIGHTS AS SET FORTH IN THIS RELEASE OF CLAIMS AND WAIVER AGREEMENT AND THAT I AM LEGALLY BOUND BY THE TERMS HEREOF.