PARTICIPANT WAIVER AND RELEASE OF LIABILITY AND PUBLICITY RELEASE

I AGREE THAT ANY AND ALL REPRESENTATIONS MADE AND RELEASES, WAIVERS, COVENANTS, CONSENTS AND PERMISSIONS GIVEN BY ME HEREUNDER ARE GIVEN ON BEHALF OF ME AND ANY AND ALL OF MY MINOR CHILDREN OR PERSONS OVER WHOM I HAVE GUARDIANSHIP PARTICIPATING IN OR ATTENDING THE SUSAN G. KOMEN 3-DAY EVENT.

WAIVER AND RELEASE OF LIABILITY

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 my participation or the participation of my minor child(ren) or guardian(s) in the Event or while on Event premises (collectively referred to herein as "my participation").

I understand that during my participation, I will 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 my participation that could result in serious injury or death. I am aware that an inherent risk of exposure to COVID-19 exists in any public place where people are present, such as in the 3-Day. I understand that COVID-19 is a contagious disease that can lead to severe illness and death. My participation is voluntary with knowledge of all such risks, including risks related to exposure to COVID-19.

In consideration for being permitted to participate in the Event, I, for myself and my next of kin, heirs, administrators, and executors (collectively “my releasors”) hereby voluntarily agree to assume all risks and to release, hold harmless and covenant not to sue Susan G. Komen^® or any sponsors, officials, volunteers, participating clubs, communities, organizations, friends of the 3-Day (including, but not limited to, 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 that I or my releasors may have arising out of my participation in the Event or any fundraising activities associated with my participation, including, but not limited to, personal injury, death or property damage suffered by me 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 not reasonably foreseeable at this time, or otherwise.

I, on behalf of myself and my releasors, intend by this Waiver and Release of Liability 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 of Liability is binding on my releasors, assigns and legal representatives.

I am physically capable of completing the event. I understand that it is recommended that I discuss my participation with my primary health care provider. 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. I acknowledge that I, and 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 rules and regulations established by the Event organizers and personnel as well as the local vehicle code. I further agree that my participation is subject to the sole discretion of the Event organizers and the 3-Day medical director, and that my participation may be limited for medical or other safety-related reasons. In the event of injury, accident or illness during my participation, I consent to receive, and authorize Event organizers, officials, volunteers, participants and spectators to use their discretion to administer, first aid, medical care and/or medical treatment. I acknowledge I will be sharing a hotel room or tent with another participant of my choice or a randomly assigned participant of the same gender.

I understand that I am solely responsible and liable for all aspects of the fundraising activities associated with my participation in the Event, 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. I further agree to (i) comply with all laws relating to the promotion and conduct of any fundraising activities associated with my participation; (ii) file all appropriate registrations as may be required or necessary for promoting and conducting any fundraising activities associated with my 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 my participation.

I understand that Komen may share my name and participant information with government entities in connection with event security; and without requiring further notice, I hereby consent, agree and give Komen permission to provide my name and participant information as may be requested.

I understand that, in connection with my participation, I have Komen's limited permission to use the special 3-Day walker/crew logos and use of these special logos is provided for the appropriate personal use of 3-Day participants only. 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, 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, 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), including, but not limited to, the use of the special 3-Day walker/crew logos, and any goodwill associated therewith, shall inure to the benefit of Komen. If I am a crew member, I understand that the Event consists of a variety of activities to prepare for and support the 3-Day. These activities include working outdoors and may include lifting of objects up to 70 lbs.

In consideration for being permitted to participate in the Event, I hereby agree to adhere to the policies of the 3-Day, including without limitation the 3-Day fundraising policies as described on Komen’s 3-Day website. 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.

The following language only applies to any Event held in California: This Waiver and Release of Liability extends to claims and facts unknown and unsuspected to exist at the time of executing this Waiver and Release of Liability. 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.

PUBLICITY RELEASE

I AGREE THAT ANY AND ALL REPRESENTATIONS MADE AND RELEASES, WAIVERS, COVENANTS, CONSENTS AND PERMISSIONS GIVEN BY ME HEREUNDER ARE GIVEN ON BEHALF OF ME AND, WHEN APPLICABLE, ANY AND ALL OF MY MINOR CHILDREN OR PERSONS OVER WHOM I HAVE GUARDIANSHIP APPEARING IN OR CREATING ANY OF THE MATERIALS.

I give my consent and permission to The Susan G. Komen Breast Cancer Foundation, Inc. and its sponsors, licensees, successors, and assigns (collectively, “Komen”) the unlimited and irrevocable, perpetual right to use and create derivative works of the following for any purpose whatsoever and without compensation to me of any kind: use of my name, nickname, image, likeness, voice, photograph, and biographical information as well as any personal statements, photographs, videotapes, audiotapes, artwork presentations, and other recordings or depictions of any kind that I make available to Komen or that Komen creates (collectively, “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 acknowledge Komen’s permission to use Materials provided by me when (i) uploaded and/or submitted through an online portal, (ii) attached to an email, (iii) sent through other electronic means via cell phone or computer, (iv) hand delivered to a Komen employee or agent, or (v) mailed.

I hereby acknowledge that Komen is the sole owner of the works it creates using the Materials and that Komen shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute the Materials without compensation to me. I represent that any use of the Materials by Komen will not infringe on copyright, trademark, trade secret, patent or other intellectual property right or any moral right of any third party, such as all radio, network, cable and local television programs, print materials or other format or media (including electronic media) now known or hereafter devised in perpetuity. I agree that Komen may assign any of the rights herein to third parties.

This Publicity Release and Waiver extends to claims and facts unknown and unsuspected to exist at the time of execution. I, for myself and my next of kin, heirs, administrators, and executors, waive and release Komen, its directors, officers, administrators, past and present employees, volunteers, agents, and representatives from any and all claims, liabilities, actions, demands, expenses, and attorneys’ fees arising out of Komen’s use of the Materials, including, but not limited to, claims for libel or invasion of privacy. I hereby waive any right to inspect or approve Komen’s use of the Materials and any right to receive royalties or other compensation arising from or related to the Materials.

This Publicity Release and Waiver shall be construed under the laws of the State of Texas. In the event any provision of this Publicity Release and Waiver is deemed unenforceable by law, Komen shall have the right to modify such provision to the extent necessary to be deemed enforceable, and all other provisions of this Release shall remain in full force and effect.

I FURTHER CERTIFY that I am at least 18 years of age. I understand that I have given up substantial rights by signing and accepting this Publicity Release and Waiver and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my acceptance to be a complete and unconditional release to the greatest extent allowed by law.

I authorize representatives of the 3-Day to communicate (including, but not limited to, by telephone and email) with respect to my participation in the Event at any time prior to, during or after the Event. I understand that Event information and resources can be found on the 3-Day website (The3Day.org) or other websites operated by or for Komen and agree to Komen's Privacy Policy and Terms of Use found online at https://www.komen.org/legal/.

In the event any provision of this Waiver and Release of Liability and Publicity Release is deemed unenforceable by law, (i) Komen shall have the right to modify such provision to the extent necessary to be deemed enforceable; and (ii) all other provisions of this Waiver and Release of Liability and Publicity Release shall remain in full force and effect.

I have carefully read this Waiver and Release of Liability and Publicity Release, 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 my participation, including, but not limited to, in this Waiver and Release of Liability, is accurate and truthful and understand that the 3-Day is relying upon this Waiver and Release of Liability and the representations made herein as a condition of my participation. I am aware that by agreeing to this Waiver and Release of Liability and Publicity Release, I am waiving substantial legal rights, and knowing this, I agree of my own free will without any inducement, assurance or guarantee being made to me and intend my signature below to be a complete and unconditional release of liability to the greatest extent allowed by law.