By submitting this form, I hereby represent, warrant, certify and agree to the following:
1. I am participating in a signature fitness event or special fundraising fitness event (the "Event") for the benefit of MAMMOGRAMS IN ACTION, INC., a California nonprofit corporation, d/b/a Barbells for Boobs ("BFB"). I acknowledge that BFB is not involved in the management of the Event; rather, the Event will be managed by an independent gym or trainer (collectively, the "Trainers") to support BFB's charitable mission.
2. I acknowledge that I may receive information and instruction about health and fitness in connection with the Event. I understand that any such information and instruction will be provided by the Trainers and not by BFB and that BFB shall have no liability for any information or instruction I may receive.
3. I recognize that the Event will require physical exertion, which may be strenuous and may cause physical injury, and I am fully aware of the risks and hazards involved. In consideration of being permitted to participate in the Event, I agree to assume full responsibility for any risk, injuries or damages, known or unknown, which I might incur as a result of participating in the Event.
4. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Event. I represent and warrant that I am physically fit and I have no medical condition, which would prevent my full participation in the Event.
5. In further consideration of being permitted to participate in the Event, I knowingly, voluntarily, and expressively waive any claim I may have against BFB or the Trainers, or both of them, for injury or damages that I may sustain as a result of participating in the Event. I, on behalf of myself and my successors, assigns, affiliates, heirs and anyone acting or claiming through me, hereby agree to defend and indemnify, and hereby release, waive, discharge, and hold harmless BFB, the Trainers and each of their successors, assigns, affiliates, officers, directors, employees, agents, representatives, and anyone acting or claiming through either of them (the "Releasees") from and against any and all liabilities, claims, demands, costs (including reasonable attorneys' fees), expenses, rights, responsibilities and causes of action (collectively, "Liabilities") I have or may have arising out of the Event, including but not limited to any Liabilities for personal injury, death, and/or damage to or loss of property caused by or due to the negligence of any or all Releasee(s) or others or to accidental occurrences during the Event or otherwise engaging in any activity or activities pursuant to this agreement.
6. I agree that all net proceeds of the Event shall be paid to BFB immediately after the conclusion of the Event. "Net proceeds" as used in this agreement shall mean any and all donations, contributions, sponsorships and other revenue raised as a result of the Event, less any actual costs of the Event excluding any overhead. In the event any of the net proceeds are paid to me rather than to BFB or the Trainers, I will submit them to BFB as soon as reasonably possible after the conclusion of the Event. I agree to comply with all applicable federal, state and local laws and regulations relating to charitable solicitations and promotions and tax obligations.
7. I recognize, acknowledge and agree that the names "Mammograms in Action," "Barbells for Boobs" and the logos associated therewith (collectively, the "Marks") are the property of BFB, that the Marks have unique value and goodwill associated with BFB, and that the Marks and associated goodwill have acquired secondary meaning in the mind of the public. I understand that I have a limited, revocable, nonexclusive license to use the Marks for the sole purpose of promoting, planning and implementing the Event. I acknowledge that my use of the Marks shall not confer or imply a grant of rights, title or interest in the Marks or goodwill associated therewith and all ownership of copyrights, trademarks and other rights in the Marks and in all artwork, packaging, copy, literary text, advertising and promotional materials of any sort utilizing the Marks, including all such materials developed by me, and the goodwill pertaining thereto, shall be and at all times remain in the name of BFB. This license shall automatically terminate on the 15th day after the last day of the Event. In addition, BFB reserves the right to revoke the license and my right to use of the Marks, or any of them, at any time. I understand that my use of the Marks shall be exclusive to the Event. I agree not to use the Marks or perform the Event in conjunction with any other licensed name, character, symbol, design, likeness or literary of artistic material, unless any such use is expressly permitted in writing executed by BFB.
8. I agree that any and all photos, videos, films or other recordings of the Event and or my name and likeness in connection with the Event shall be the property of BFB and may be used by BFB for any purpose related to BFB's business, in BFB's sole discretion, and I hereby grants BFB an irrevocable nonexclusive license to use my name and likeness for such purposes.
This agreement and the rights and obligations of all parties hereunder shall be governed by and construed in accordance with the laws of the State of California. I agree that any suit, action or other legal proceeding arising out of or relating to this agreement shall be brought in a the appropriate court in the State of California, County of Orange. No waiver, amendment, release or modification of this agreement shall be made orally or shall be established by conduct, custom or course of dealing but only by an instrument in writing duly executed by the parties. This agreement is binding upon and inures to the benefit of each of the parties hereto and their successors and assigns; provided, however, neither party may assign or transfer (including, without limitation, by operation of law) this agreement, including the rights and obligation hereunder, without prior written consent of the other party, and any such attempted assignment or transfer shall be null and void. BFB may terminate this agreement at any time and for any reason in BFB's sole discretion.
I have read the above agreement of release, waiver of liability, and payment contract and fully understand its contents. I voluntarily agree to the terms and conditions stated above. "I Agree."
For Participants under 18 years of age: This is to certify that I, as parent/guardian with legal responsibility for this Participant, do consent and agree to the terms set forth in the above agreement, and for myself, my heirs, assigns, and next of kin, release and agree to defend, indemnify and hold harmless the BFB and the Trainers from any and all liabilities incident to my minor child's involvement as a Participant. "I Agree."
This Agreement is between MAMMOGRAMS IN ACTION, INC., a California nonprofit corporation, d/b/a Barbells for Boobs ("BFB") and the person(s) (the "Fundraiser(s)") executing this Agreement in connection with Fundraiser's online event registration for a fundraising fitness event for the benefit of BFB (the "Event").
NOW, THEREFORE, the parties hereby agree as follows:
1. Approval of the Event. BFB will review Fundraiser's online registration and notify Fundraiser by email within ten (10) days of submission if BFB approves the Event and if so, of any conditions of BFB's approval of the Event. Fundraiser may hold the Event only upon BFB's approval of the Event.
2. Purpose and Name of The Event. Fundraiser shall hold the Event exclusively for the purpose of raising funds for BFB. Fundraiser shall to co-name the Event with the phrase "Benefitting Barbells for Boobs."
3. Management of the Event. Fundraiser shall be solely responsible for the planning and management of the Event. Fundraiser shall present the Event as a positive, fitness-related activity. Fundraiser shall ensure that BFB is presented favorably at the Event and in all media coverage before, during and after the Event.
4. Proceeds of the Event. Fundraiser shall deliver all net proceeds of the Event to BFB immediately after the conclusion of the Event. "Net proceeds" as used in this Agreement shall mean any and all donations, contributions, sponsorships and other revenue raised by Fundraiser as a result of the Event, less Fundraiser's actual costs of the Event excluding Fundraiser's overhead. Fundraiser shall comply with all applicable federal, state and local laws and regulations relating to charitable solicitations and promotions and tax obligations.
5. Grant of License.
6. Promotion of the Event.
7. Copyright and Trademark.
7. No Employment or Agency. Fundraiser has elected to perform the Event on a charitable basis, without pay, for the purpose of raising donations for BFB. Fundraiser is not an employee or agent of BFB and is not entitled to receive a salary, benefits, fee, independent contractor pay, stipend, or any other compensation. Fundraiser understands that he/she does not qualify for workers' compensation benefits and is expected to carry personal medical insurance to cover medical expenses for any injuries or illness he/she may incur while performing any act as Fundraiser.
8. Indemnity and Release of Liability.
9. Miscellaneous. This Agreement and the rights and obligations of all parties hereunder shall be governed by and construed in accordance with the laws of the State of California. The parties hereto irrevocably (a) agree that any suit, action or other legal proceeding arising out of or relating to this Agreement shall be brought in a the appropriate court in the State of California, County of Orange. Nothing in this Agreement creates a joint venture, partnership, principal-agent, employer-employee or similar relationship between BFB and Fundraiser, or any members of Fundraiser. No waiver, amendment, release or modification of this Agreement shall be made orally or shall be established by conduct, custom or course of dealing but only by an instrument in writing duly executed by the parties. This Agreement is binding upon and inures to the benefit of each of the parties hereto and their successors and assigns; provided, however, neither party may assign or transfer (including, without limitation, by operation of law) this Agreement, including the rights and obligation hereunder, without prior written consent of the other party, and any such attempted assignment or transfer shall be null and void. BFB may terminate this Agreement at any time and for any reason in BFB's sole discretion. Fundraiser shall have five (5) calendar days after expiration or the earlier termination of this Agreement to sell or dispose of all marketing materials and items bearing BFB's Trademarks.
10. Counterparts. This Agreement may be executed in one or more counterparts by some or all of the parties hereto, each of which counterparts shall be an original and all of which together shall constitute a single Agreement. The failure of any party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other signatories from their obligations hereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement and Release as of the date Fundraiser clicks or checks "I Agree."
For Fundraisers under 18 years of age: This is to certify that I, as Fundraiser's Parent or Guardian with legal responsibility for this Fundraiser, do consent and agree to the terms set forth in the above BFB Agreement, and for myself, my heirs, assigns, and next of kin, release and agree to defend, indemnify and hold harmless the BFB Releasees from any and all liabilities incident to my minor child's involvement as a Fundraiser. "I Agree."