Terms & Conditions
ALZ STAR PROGRAM WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND FUNDRAISING OBLIGATIONS AND AUTHORIZATION TO CHARGE CREDIT CARD AGREEMENT
The Alzheimer’s Association (the “Association”) maintains a program known as the Alzheimer’s Association ALZStars Program (the “Program”). The Program secures charity registrations for marathons, half marathons, bike rides and team relays, which guarantee individuals who elect to participate in an activity in order to fundraise for the Association, as set forth herein, the ability to register to participate in the same. I have freely elected to participate in the Program for the purpose of participating in the Philadelphia Marathon (the “Event”). In consideration for being allowed to participate in the Program, thus, being guaranteed the ability to register for the Event, I freely and knowingly acknowledge, agree and/or represent to each of the following:
Waiver, Release and Assumption of Risk Provisions
- I represent at least 18 years old and of sound mind.
- I understand that the Association neither has control over nor the ability to exercise any control over the Event in any way or manner, including, without limitation, the Event’s route, timing, medical protocols, training programs, security measures, participant requirements, operations, management or any other matter related to the Event. All such matters are exclusively within the control of the Event organizer and its designated officers, employees, agents and representatives.
- I understand that the Event is physically strenuous and inherently involves the risk of injury, including, but not limited to, the potential for cardiovascular events, such as myocardia infarct and serious arrhythmias, heat stroke, severe dehydration, hyponatremia (low blood sodium), sprains, broken bones, lacerations, concussion, paralysis and death.
- In addition to the risks noted above, I understand that the Event will take place outdoors on streets, ways, parks, open land and/or the like where many hazards exist, all of which create additional risks, including, but not limited to, the dangers of collision with pedestrians, volunteers, vehicles, other participants, equipment, and fixed or moving objects as well as the dangers arising from surface hazards, including pot holes and other depressions, uneven terrains, equipment failure, misuse of safety and other equipment, and weather conditions.
- With the foregoing, I ACKNOWLEDGE THAT I UNDERSTAND and KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, associated with participating in the Event, EVEN IF SUCH RISKS ARISE FROM THE ACTS OR OMISSIONS, NEGLIGENT OR OTHERWISE, OF THE RELEASEES (defined below) or others, and regardless of whether such risks are covered by my personal health insurance or other types of insurance.
- I assume full responsibility for my participation in the Event, and I acknowledge and agree that I, and I alone, am solely responsible for my personal health and safety, having health insurance and the personal property I bring with me. To this end, I represent that I am physically capable of participating in the Event. If I am aware of or under treatment for any physical infirmity, ailment, or illness, I acknowledge that it is solely my obligation to obtain my medical care provider’s approval to participate in the Event.
- Understanding the foregoing, I, on behalf of myself and my heirs, assigns, personal representatives, administrators, estate and next of kin, HEREBY KNOWINGLY AND VOLUNTARILY, IRREVOCABLY AND FOREVER: (i) RELEASE the Association, its affiliates and their current and former officers, directors, employees, agents, volunteers, representatives, successors and assigns (collectively, the “RELEASEES”), FROM ANY AND ALL LIABILITY WHATSOEVER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY AND ALL INJURIES, DISABILITIES, DEATH, LOSSES OR DAMAGES TO PERSON OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH MY PARTICIPATION IN the Event, WHETHER OR NOT CAUSED BY THE INTENTIONAL CONDUCT, ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law; (ii) WAIVE MY RIGHT TO SUE OR MAKE ANY DEMAND WHATSOEVER against any RELEASEE for any damages or losses arising, directly or indirectly, in connection with my participation in the Event; (iii) AGREE NOT TO SUE ANY RELEASEE asserting any claim for damages or losses suffered, directly or indirectly, in connection with my participation in the Event; and (iv) AGREE TO INDEMNIFY AND HOLD EACH RELEASEE HARMLESS from any and all claims, demands, suits, damages, expenses, costs, liabilities, judgments and losses of every kind suffered or incurred by any RELEASEE and arising, directly or indirectly, in connection with my participation in the Event.
- I understand this Waiver and Release of Liability and Assumption of Risk Agreement inures to the express benefit of the RELEASEES and may be relied upon and enforced by any RELEASEE. I also understand that the effectiveness of this Waiver and Release of Liability and Assumption of Risk shall indefinitely survive my participation in the Event.
Consent to Use of Name, Likeness and Biographical Information
- To promote, share and archive Association programs and events like the Event, I acknowledge and agree that photographs, videos and/or recordings may be taken at such Event. By attending the Event, I understand and agree that I may be included in the photographs, videos and/or recordings. I hereby irrevocably consent to such inclusion and grant, in perpetuity and on a royalty-free basis, the Association, its chapters and their directors, employees, officers, agents, representatives and licensees, all rights to use and publish for promotional, fundraising, marketing and internal purposes in all media, now known or hereafter developed, my name, image, likeness and voice as well as any statements, quotes, or other biographical data provided by me to the Association, in whole or in part, and to copyright any materials created. I hereby waive any right to inspect, approve or be compensated for the use of any materials incorporating such images and information. I release the Association, its chapters, and their directors, employees, officers, agents, representatives and licensees from all liabilities arising out of any use of my likeness and information as provided herein. I understand and agree that any and all negatives, digital images, and recordings of my likeness, regardless of form, are and shall remain the property of the Association.
Fundraising Obligations and Authorization to Charge Credit Card Provisions
- I agree to raise and/or contribute, for the benefit of the Association, the $500, $750 or $1250 fundraising minimum associated with my participation in the Event through the Program and to be personally responsible for the difference if I fail to collect the required funds. The deadline for receipt of the fundraising minimum is February 1, 2027 I understand that any outstanding balance, if any, towards the fundraising minimum will be charged to my credit card if I have not met this requirement by the deadline of February 1, 2027 and I hereby authorize and consent to said charge by the Association. To this end and to guarantee my fundraising minimum, I agree to provide the Association with credit card information, valid through April 1, 2027, as part of the Program registration process. I understand and agree that any balance due on my fundraising minimum will be billed to my credit card on or February 2, 2027. I understand that the balance due will be determined based on contributions recorded on my personal web page through February 1, 2027. I acknowledge and agree that no advance credit or adjustment, or reversals at a later date, will be made for fundraising deposits posted to my personal fundraising page after the billing date. I acknowledge and agree that if the Event is postponed to another date for any reason, all agreements, representations, warranties, and attestations contained herein will apply with equal force to the postponed date, and I will be obligated to submit the fundraising minimum, unless I notify the Alzheimer’s Association within ten (10) days of receiving notice of the new date for the Event that I am unable to participate.
- I agree that if I need to cancel my participation in the Event that it must be done, in writing, to Catherine McCarthy at cjmccarthy@alz.org by October 1, 2027 to have the fundraising minimum of $500, 750 or $1250 waived. After this date, I understand that I will be responsible for the fundraising minimum even if I cancel my participation in the Event. I understand that my donations are not refundable or transferable and the funds that I have raised as of the date of my cancellation, as well as any funds that I raise on or after the date of my cancellation, are not refundable to me or my donors.
- I accept and understand the Alzheimer's Association Matching Gift Policy as follows: Many companies offer a matching gift program that matches employees' charitable contributions. It is my responsibility to inquire with my employer about matching gifts, and request my donors to do the same with their respective employers. In order for a matching gift to be applied to my fundraising total, I should complete and submit the Alzheimer's Association's Matching Gift Form along with copies of any applicable documentation submitted to my company to Catherine McCarthy at cjmccarthy@alz.org by December 17, 2027, WHICH I HAVE BEEN TOLD SHOULD BE 45 DAYS BEFORE THE DEADLINE DATE. Upon receipt of the required form and documentation as well as the matching gift donation itself, the Association will credit the matching gift to my personal fundraising page. Notwithstanding the foregoing, I acknowledge that matching gifts are reliant upon the processing times of the company matching the gift, which can take significant time, and I acknowledge and agree that if the matching gift has not been processed and received by the Association by the December 17, 2027, then any such matching gift shall not be credited to my personal fundraising minimum, and I will be liable for any outstanding balance remaining on my fundraising minimum as a result of the matching gift(s) not being processed and received by February 1, 2027.
- I understand that I am free to use the Association’s name and logo in a nominative context in my fundraising efforts in connection herewith, and for no other purpose, but that my participation in the Event does not convey to me any ownership interest in the Association’s name and logo or any other trademarks owned by the Association, and my use of such marks may be further restricted or prohibited by the Association for any reason and at any time.
I STATE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND FUNDRAISING OBLIGATIONS AND AUTHORIZATION TO CHARGE CREDIT CARE AGREEMENT.
I ACKNOWLEDGE THAT I FULLY UNDERSTAND THE TERMS OF THIS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY AGREEING TO THIS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I AM AWARE THAT BY EXECUTING THIS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT OR BY SELECTING THE “I ACCEPT” BUTTON DURING THE ONLINE REGISTRATION PROCESS, I AM AGREEING TO ALL OF THE TERMS OF THIS WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, INCLUDING WAIVING SIGNIFICANT LEGAL RIGHTS.
I ACKNOWLEGDE THAT I FULLY UNDERSTAND THE TERMS OF THIS FUNDRAISING OBLIGATIONS AND AUTHORIZATION TO CHARGE CREDIT CARE AGREEMENT. I AM AWARE THAT BY SIGNING THIS FUNDRAISING OBLIGATIONS AND AUTHORIZATION TO CHARGE CREDIT CARE AGREEMENT OR BY SELECTING THE “I ACCEPT” CHECKBOX DURING THE ONLINE REGISTRATION PROCESS, I AM AGREEING TO ALL OF THE TERMS OF THIS FUNDRAISING OBLIGATIONS AND AUTHORIZATION TO CHARGE CREDIT CARE AGREEMENT, INCLUDING AUTHORIZING THE ASSOCIATION, WITHOUT FURTHER ACTION FROM OR PERMISSION BY ME, TO CHARGE MY CREDIT CARD AS PROVIDED FOR HEREIN.
KNOWING ALL OF THIS, I FREELY AGREE TO WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT AND FUNDRAISING OBLIGATIONS AND AUTHORIZATION TO CHARGE CREDIT CARE AGREEMENT IN THEIR ENTIRETY, WITHOUT ANY INDUCEMENT.
