I confirm that I am the Parent/Legal Guardian of the above-named Youth Volunteer and that my child (“Minor”) has my permission to participate in the Youth Corps Program (the “Youth Corps”) at the Susan G. Komen (“Komen”) 3-Day in the location and on the dates indicated above (the “Event”).
I understand that my child must be between 10–16 years old and must raise at least $500 by the first day of the Event to participate in the Youth Corps.I understand that the Youth Corps is organized as part of the overall Event and led by volunteer crew members who have met the Komen 3-Day Youth leader requirements, and that the Minor will have scheduled meetings and shifts for the Event without my supervision. I authorize and grant my permission to Komen and the Youth Corps leaders to supervise the Minor for the duration of the Event, including the training sessions on Thursday through the end of the Closing Ceremony on Sunday.
I understand that service in the Youth Corps is a volunteer crew position that requires a commitment (and offers an experience) that is substantially similar to what is required of (and offered to) the Event’s crew members, including without limitation:
• strenuous (but age-appropriate) duties that may include being up very early in the morning and/or staying up until late at night, lifting, standing, riding in vehicles, transporting food trays, camping gear or other items for the walkers and/or other activities to prepare for and in support of the Event and its participants;
• one training day and three full days of working outdoors in the 3-Day® camp and/or along the 3-Day walk route; and
• two evenings/nights at the 3-Day camp, including meals, showers, camp entertainment and sleeping in a two-person tent or hotel room (depending on the Event’s accommodations) with a tentmate of the same gender.
I understand that all donations made in connection with the 3-Day are non-refundable and non-transferable, even if the Minor does not participate in the Event. I also understand that the registration fee is non-refundable, non-transferable, and not tax deductible.
I understand that the Event is a potentially hazardous activity, and I hereby voluntarily assume full and complete responsibility for, and the risk of, any injury or accident that may occur during the Minor’s participation in the Event as a member of the Youth Corps or while on Event premises (collectively referred to herein as the “Minor’s participation”). I understand that the Minor’s participation may involve a variety of weather conditions from heat and humidity to cold, wind and rain. I understand that during the Minor’s participation, he/she may be using public streets and facilities where many hazards exist, and I am aware of and appreciate the risks that may result. I am also aware that accidents may occur during the Minor’s participation that could result in serious injury or death. The Minor’s participation, and my execution of this Agreement, is given voluntarily with knowledge of all such risks.
In consideration for the Minor being permitted to participate in the Event, I hereby agree to assume all risks associated with the Minor’s participation and to release, hold harmless and covenant not to sue Komen, Event 360, Inc. or any sponsors, officials, volunteers, participating clubs, communities, organizations, friends of the 3-Day, including the 3-Day medical partner, medical director and members of the medical team, and all other government or public entities including, but not limited to, the Department of Transportation, 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, “the releasees”), for any claim, loss or liability arising out of the Minor’s participation or any fundraising activities associated with the Minor’s participation, including but not limited to, personal injury, death or property damage suffered by the Minor or others, whether such losses, liabilities, or claims be caused by falls, contact with and/or the actions of other participants, contact with fixed or non-fixed objects, contact with animals, conditions of the Event premises, negligence or carelessness of the releasees, risks not known to me or the Minor or not reasonably foreseeable at this time, or otherwise.
I agree to release in advance, and to waive my rights and to discharge all of the releasees from all claims, losses or liabilities for death, bodily injury or property damage that I or the Minor may have, or which may hereafter accrue to me or the Minor, as a result of the Minor’s participation, 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 agree that any and all representations made herein and releases, waivers, covenants, consents and permissions given by me hereunder are given on behalf of me and my minor child or person over whom I have guardianship participating in the Event and our respective next of kin, heirs, administrators, executors, legal representatives and assignees.
The following language only applies to any Event held in California: This Agreement extends to claims and facts unknown and unsuspected to exist at the time of executing this Agreement. All rights under Section 1542 of the California Civil Code are hereby expressly waived with respect to any of the claims, injuries, or damages described in this Waiver and Release of Liability. Section 1542 of the California Civil Code reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
I confirm that the Minor is physically capable of participating in the Event. If the Minor is under treatment for any physical infirmity, ailment or illness (or if I am aware that the Minor may have any physical infirmity, ailment or illness), the Minor’s medical care provider knows of and has approved the Minor’s participation. I agree to maintain personal health insurance covering the Minor at all times during the Minor’s participation. I acknowledge that the Minor, and the Minor alone, is solely responsible for his/her personal health and safety, and the personal property he/she brings with him/her in connection with the Minor’s participation.
I acknowledge that I will review, and make the Minor aware of, the Event description and rules for the Minor’s participation and I understand that the Minor will be obligated to abide by all rules and regulations established by the Event organizers and the personnel of the Event. I understand that it is my obligation to understand all the particulars about the Youth Corps and the Event in order to make an informed decision about the Minor’s participation and I hereby acknowledge that I have reviewed the information made available to me, including at The3Day.org as well as Komen’s Terms of Use and Code of Conduct found on
https://www.komen.org/legal/, and I further acknowledge that I have had the opportunity to ask questions and have had them answered to my satisfaction.
I understand that the Minor’s participation is subject to the sole discretion of the Event organizers and the 3-Day medical director, and that the Minor’s participation may be limited for medical reasons, safety-related reasons or any other reason in the sole discretion of the Event organizers. In the event of injury, accident, or illness during the Minor’s participation, I consent for the Minor to receive, and authorize the Event organizers, officials, volunteers, participants, and spectators to use their discretion to administer, first aid, medical care and/ or medical treatment.
As a condition of acceptance into the Youth Corps, I understand that the Minor’s attendance at orientation and training meetings, as well as raising at least $500 by the first day of the Event is mandatory. 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 understand that the Minor is solely responsible for all aspects of the fundraising activities associated with the Minor’s participation, including, but not limited to, the safe and lawful conduct of any fundraising activities and ensuring that such activities are conducted in a professional manner. On behalf of the Minor, I further agree the Minor will (i) comply with all laws relating to the promotion and conduct of any fundraising activities associated with the Minor’s participation; (ii) file all appropriate registrations as may be required or necessary for promoting and conducting any fundraising activities associated with the Minor’s participation; and (iii) obtain all permits, releases, consents, licenses, and approvals as may be required or necessary for promoting and conducting any fundraising activities associated with the Minor’s participation.
I authorize representatives of the 3-Day to communicate directly with the Minor (including, but not limited to, by telephone and email) with respect to the Event at any time prior to, during or after the Event. I understand that the Minor may also need information and resources found on the 3-Day website (The3Day.org) or other websites operated by or for Komen and agree to supervise the Minor and allow the Minor access to these sites. I further agree to Komen's Privacy Policy and Terms of Use found online at
https://www.komen.org/legal/.
Komen may share the Minor’s name and participant information with third parties for Event purposes and as provided in Komen’s Privacy Policy, and, without requiring further notice, I give my consent to Komen to share the Minor’s information for such purposes.
I understand that, in connection with the Minor's participation, the Minor has Komen's permission to use the special 3-Day Youth Corps logos and use of these special logos is provided for the appropriate personal use of 3-Day participants only. I understand that the Minor does not have permission to, nor will 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 legal owner of many logos, phrases, names and trademarks that are related to breast cancer awareness and the search for the cures for breast cancer, including, but not limited to, the 3-Day® name, the 3-Day logo, the Susan G. Komen® name, the Susan G. Komen® logo, the Komen Running Ribbon, the Race for the Cure® name, and the Race for the Cure® logo (collectively, “Komen Marks”). I hereby acknowledge Komen's ownership of the Komen Marks, and agree, on behalf of the Minor, not to contest or assist others to contest the ownership and validity of them, and further agree that the Minor 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 the Minor (whether authorized by Komen), including, but not limited to, the use of the special 3-Day Youth Corps logos, and any goodwill associated therewith, shall inure to the benefit of Komen.
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, the Minor’s statements, information, photos, videos, audio, and other recordings of the Minor, and any original material the Minor may create (“Materials”), whether provided/created by me or the Minor for the Event or created by Komen or its agents for or at the Event. 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. I hereby acknowledge Komen’s sole ownership of Materials provided by me when (i) uploaded and/or submitted through an online portal, (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. I agree that 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.
In the event any provision of this Agreement is deemed unenforceable by law, Komen and/or Event 360, Inc. shall have the right to modify such provision to the extent necessary to be deemed enforceable and all other provisions of this Agreement shall remain in full force and effect.
I have carefully read this Agreement and fully understand its contents and agree to all statements of understanding set forth above. I hereby represent and warrant that all information that I supply in connection with the Minor's participation is accurate and truthful and understand that the 3-Day is relying upon agreement of the terms and conditions made herein as a condition of the Minor’s participation. I certify I am at least 18 years old. I understand I have given up substantial rights by accepting this Agreement, and that by selecting, “Agree” below, I have electronically signed it freely and voluntarily with the intent to be bound.