Athletic Ambassadors Registration

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Team ASPCA Agreement
By submitting this form, you are agreeing to comply with the terms below, to become a Team ASPCA Athletic Ambassador.
By submitting this completed registration form and disclaimer (together, this “agreement”) and being approved by The American Society for the Prevention of Cruelty to Animals® (“ASPCA®”), I agree to comply with the terms below, to become a Team ASPCA Athletic Ambassador (“Ambassador”) for an athletic event (the “Event”).

DONATIONS:  I understand and agree that, by submitting this agreement and being approved by the ASPCA, I will donate to the ASPCA any amount raised on behalf of the ASPCA as an Ambassador for the Event.  I understand and agree that as an Ambassador, I am not obligated to raise any minimum amount in support of the ASPCA, however, if I raise at least $500 in support of the ASPCA (the “Technical Tee Fundraising Goal”), then I will receive a Team ASPCA technical tee. I understand and agree that my registration may be accepted or rejected by the ASPCA for any reason or for no reason in the ASPCA’s sole discretion.  I understand and agree that any donations raised by me as an Ambassador are non-refundable.  If I am unable to participate in the Event for any reason, I must still donated to the ASPCA any money raised in support of the ASPCA as an Ambassador.

REGISTRATION FEE:  I understand and agree that the nonrefundable $25 registration fee, due upon registration, does not count towards the Technical Tee Fundraising Goal. If submitted by check, an additional $25 fee will be assessed for returned checks.

PARTICIPATION:  I acknowledge that I have obtained entry into the Event and understand that the ASPCA is not providing me with entry to the Event or, except as otherwise provided in this agreement, any other benefits provided to members of Team ASPCA, including, but not limited to, training for the Event.  
    
PHOTO / RECORDING CONSENT.  I grant to the ASPCA, its legal representatives, successors and assigns, those for whom the ASPCA is acting, and those acting with its authority and permission by agreement or otherwise, including, but not limited to, any individual, for-profit organization, and/or nonprofit organization (including, but not limited to, other animal welfare organizations) to whom the ASPCA chooses to grant authority and permission, the absolute right and permission to copyright, in the ASPCA name or otherwise, and/or use, re-use, publish, and re-publish any photographs, video, motion picture, recordings or any other record of my participation as an Ambassador and/or in the Event and/or related activities, in whole or in part, or composite or distorted in character or form, as well as any textual materials that I may provide to the ASPCA in connection therewith, of which I represent and warrant that I am the sole owner and copyright holder, in each case, without remuneration to me (collectively, “Photo Rights”).  The foregoing permission is given, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof, and in any and all media now or hereafter known for illustration, promotion, art, advertising, trade, or any other purpose whatsoever.  I also consent to the use of any printed matter in conjunction therewith.

PERSONALIZED FUNDRAISING WEB PAGE.  I understand that the ASPCA is providing me with a personal fundraising web page (the “Fundraising Page”), which I may personalize by posting photographs, video and other content to the Fundraising Page (“Ambassador Content”).  I acknowledge and agree that I am not an entity who is regularly and primarily engaged in the sale of commercial goods or services for profit. 100% of the funds solicited by me as part of as an Ambassador and through the Fundraising Page shall be donated to the ASPCA. All promotions of my Fundraising Page shall clearly state that 100% of the funds solicited will be donated to the ASPCA and that the ASPCA name is used with permission.  By adding Ambassador Content to the Fundraising Page, I represent that I (a) am the sole owner of the Ambassador Content or have received permission from the owner to submit it on his or her behalf; (b) am the author of the text contained in the Ambassador Content; (c) have received permission to use the name and image of each person appearing in any Ambassador Content from such person if at least 18 years of age and having reached the age of majority in the jurisdiction in which such person resides or from the legal guardian of any minor appearing in the Ambassador Content; and (d) have received permission to use the name and image of each animal appearing in any Ambassador Content from the owner if at least 18 years of age and having reached the age of majority in the jurisdiction in which such person resides, or from the legal guardian of any owner if the owner is a minor.  I also represent that any Ambassador Content will not infringe upon the intellectual property rights of any third party.  By adding Ambassador Content to my Fundraising Page, I grant the ASPCA an irrevocable perpetual royalty-free, sub-licensable, non-exclusive, worldwide right to use my name and any or all of the Ambassador Content, in whole or in part, for any purpose, including, but not limited to, fundraising, to promote the ASPCA’s mission of providing effective means for the prevention of cruelty to animals throughout the United States.  I acknowledge and agree that the ASPCA has the right to review my Fundraising Page at any time. 

LICENSE FROM THE ASPCA.  The ASPCA grants you a limited, non-exclusive, non-sublicenseable, non-transferable, revocable, royalty-free license to (a) use the name The American Society for the Prevention of Cruelty to Animals®, the ASPCA® name, the specific URL assigned to your Fundraising Page, and the materials available for reproduction on the ASPCA’s Event website (e.g. the ASPCA logo, web banners, flyers, etc.) (collectively, the “Intellectual Property”) and (b) display and distribute the copyrighted materials provided to you by the ASPCA as an Ambassador (e.g. flyers, signs, etc.) (collectively, the “ASPCA Promotional Materials”), in each case, for the sole purpose of including the Intellectual Property and/or the ASPCA Promotional Materials on your Fundraising Page or directly in connection with your fundraising for the Event, including, but not limited to, fundraising through personal social media accounts and hosting fundraising events. You may NOT use ASPCA Promotional Materials to create derivative works, and in no event may you use any Intellectual Property or ASPCA Promotional Materials to create your own materials. The rights granted hereunder shall expire upon the ASPCA’s termination of your access to or use of your Fundraising Page. In the event the ASPCA, in its sole discretion, deems any use of the Intellectual Property and/or ASPCA Promotional Materials objectionable or your fundraising efforts for the Event include any high-risk activity or any activity that might reflect unfavorably upon the ASPCA or tarnish the reputation of the ASPCA or are not in alignment with the ASPCA’s mission, the ASPCA, in its sole discretion, may immediately terminate your use of and access to your Fundraising Page and/or require you to remove any social media post, to the extent possible, or other use.  The ASPCA may revoke this grant of rights and refuse to allow you to use the Intellectual Property or ASPCA Promotional Materials at any time in its sole discretion.   I agree that I am not acquiring any ownership rights in any ASPCA Intellectual Property or ASPCA Promotional Materials under this agreement and the rights granted hereunder shall not limit or restrict in any way whatever rights the ASPCA has in and to the use of the Intellectual Property or ASPCA Promotional Materials.  I agree that the ASPCA is the sole owner of all right, title and interest in and to its Intellectual Property and ASPCA Promotional Materials, and all uses of the Intellectual Property and/or ASPCA Promotional Materials shall inure to the sole benefit of the ASPCA.  

WAIVER AND RELEASE OF LIABILITY.  I UNDERSTAND THAT PARTICIPATING IN THE EVENT IS A POTENTIALLY HAZARDOUS ACTIVITY AND INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY OR DEATH, SOME OF WHICH MAY NOT BE FORESEEABLE.  I AGREE NOT TO ENTER AND PARTICIPATE IN THE EVENT UNLESS I AM MEDICALLY ABLE AND PROPERLY TRAINED.  I AGREE TO ABIDE BY ANY DECISION OF AN EVENT OFFICIAL AS TO MY ABILITY TO SAFELY COMPLETE THE EVENT.  I AM VOLUNTARILY ENTERING THE EVENT, ASSUME ALL RISKS, KNOWN AND FORESEEABLE OR UNKNOWN AND UNFORESEEABLE, ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING, BUT NOT LIMITED TO, FALLS; CONTACT WITH OTHER PARTICIPANTS, SPECTATORS, OR OTHERS; THE EFFECT OF THE WEATHER, INCLUDING, BUT NOT LIMITED TO, COLD, PRECIPITATION, HEAT AND/OR HUMIDITY; TRAFFIC; AND THE CONDITIONS OF THE COURSE, AND AGREE TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE THAT I MAY SUSTAIN OR CAUSE WHILE PARTICIPATING IN THE EVENTAND/OR ANY RELATED EVENT. 
 
HAVING READ THIS AGREEMENT AND KNOWING THESE FACTS, AND IN CONSIDERATION OF THE ASPCA’S ACCEPTANCE OF MY REGISTRATION AND THE RIGHTS GRANTED TO ME UNDER THIS AGREEMENT, I, FOR MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, ASSIGNS AND ANYONE ENTITLED TO ACT ON MY BEHALF (COLLECTIVELY, “ADDITIONAL RELEASORS”), UNCONDITIONALLY AND IRREVOCABLY WAIVE AND RELEASE THE ASPCA, ITS AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUCCESSORS (COLLECTIVELY, “RELEASED PARTIES”), FROM PAST, PRESENT AND FUTURE CLAIMS AND LIABILITIES OF ANY KIND, KNOWN OR UNKNOWN, ARISING OUT OF (A) MY PARTICIPATION AS AN AMBASSADOR AND/OR IN THE EVENT AND/OR RELATED ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, ANY FUNDRAISING ACTIVITIES, EVEN THOUGH SUCH CLAIM OR LIABILITY MAY ARISE OUT OF NEGLIGENCE OR FAULT ON THE PART OF THE ASPCA, ANY RELEASED PARTY OR ANY OTHER PARTY, (B) MY BREACH OF THIS AGREEMENT, (C) THE USE OF ANY PHOTO RIGHTS OR THE TAKING OR USING OF ANY AMBASSADOR CONTENT OR SUBSEQUENT PROCESSING THEREOF, AS WELL AS PUBLICATION THEREOF, BY THE ASPCA, ANY RELEASED PARTY OR ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR LIBEL OR INVASION OF PRIVACY OR THAT ANY AMBASSADOR CONTENT INFRINGES, MISAPPROPRIATES OR OTHERWISE VIOLATES ANY TRADEMARK, SERVICE MARK, TRADE NAME, TRADE DRESS, TRADE SECRET, COPYRIGHT, PATENT OR ANY OTHER INTELLECTUAL PROPERTY RIGHT, (D) MY ACTS OR OMISSIONS, OR (E) ANY UNAUTHORIZED USE OF THE ASPCA’S INTELLECTUAL PROPERTY OR ASPCA PROMOTION MATERIALS IN CONNECTION WITH THIS AGREEMENT (EACH OF (A) – (E) A “RELEASED MATTER”).  THIS RELEASE SHALL BE BINDING UPON ME AND THE ADDITIONAL RELEASORS.

COVENANT NOT TO SUE/ INDEMNIFICATION.  I, ON BEHALF OF MYSELF AND THE ADDITIONAL RELEASORS, AGREE NOT TO SUE THE ASPCA OR ANY RELEASED PARTY AS A RESULT OF ANY RELEASED MATTER. I, ON BEHALF OF MYSELF AND EACH ADDITIONAL RELEASOR, AGREE TO INDEMNIFY AND HOLD HARMLESS THE ASPCA AND EACH RELEASED PARTY FROM ANY CLAIMS, LITIGATION EXPENSES, ATTORNEYS’ FEES, LOSS, LIABILITY, DAMAGE OR COST IT MAY INCUR ARISING FROM ANY DAMAGE TO THE PERSONAL PROPERTY OF, OR PERSONAL INJURY TO, MYSELF OR ANY THIRD PARTY RESULTING FROM ANY RELEASED MATTER, WHETHER THE RELEASED MATTER IS BASED ON THE NEGLIGENCE OF THE ASPCA OR ANY RELEASED PARTY.  

FORCE MAJEURE.  THE ASPCA SHALL NOT BE LIABLE TO YOU IF THE ASPCA FAILS TO FULFILL ITS OBLIGATIONS HEREUNDER FOR ANY REASON BEYOND ITS SOLE CONTROL, SUCH AS, ANY ACTS OF GOD; UNUSUALLY SEVERE WEATHER; HURRICANE; EARTHQUAKE; FIRE; FLOOD; AIRPLANE MALFUNCTION OR FLIGHT CANCELLATION(S); TRANSPORTATION INTERRUPTION OF ANY KIND; ANY ACTION(S), REGULATION(S), ORDER(S) OR REQUEST(S) BY ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY; EQUIPMENT FAILURE; TERRORIST ACTS OR THREATENED TERRORIST ACTS; AIR RAID; BLACKOUT; WAR (DECLARED OR UNDECLARED); EPIDEMIC; EXPLOSION; EMBARGO; LABOR DISPUTE OR STRIKE; WORK SLOW-DOWN; CIVIL DISTURBANCE; INSURRECTION; RIOT; OR FOR ANY OTHER REASON BEYOND THE ASPCA’S CONTROL, AND SUCH NON-PERFORMANCE SHALL NOT BE CONSIDERED A BREACH OF THIS AGREEMENT.

REPRESENTATIONS. I warrant that I (a) have the right to enter into this agreement, (b) am at least eighteen (18) years of age and have reached the age of majority in the jurisdiction in which I reside, (c) have read the above carefully prior to agreeing to the terms herein and fully understand its content, (d) am aware that this agreement contains a waiver and release of liability and is an enforceable legal document between myself and the ASPCA, and (e) am signing of my own free will.

MISCELLANEOUS.  This agreement shall be governed by New York law, without regard to the conflicts of law principals thereof.  I expressly agree that this agreement is intended to be as broad and inclusive as permitted by law, in accordance with its terms.  If any portion of this agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect.  I agree that my participation as an Ambassador and/or in the Event and/or any related activities does not create a joint venture, partnership, principal-agent, employer-employee or similar relationship between me and the ASPCA. I agree that I am not a representative of the ASPCA and am not authorized to make any representations on its behalf.  I agree that I have no legal relationship with the ASPCA except as contracting parties to this agreement.  

By clicking/checking the box below, I agree to comply with this agreement.  My acceptance of this agreement constitutes an agreement between me and the ASPCA.
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