2021 TCS New York City Marathon

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Team ASPCA Agreement
Fundraising Goal: $3,500
You must confirm your commitment by completing a Team ASPCA Recommitment Form. The recommitment form states you will make a personal donation to reach your goal if you have not reached it by Sunday, October 17, 2021. As a reminder, 50% of your goal must be met by Sunday, September 12, 2021. Your slot will not be guaranteed without a recommitment form on file.
By submitting this form, you are agreeing to comply with the terms below, to become a member of Team ASPCA and upon recommitment, to donate to the ASPCA an amount not less than the fundraising commitment.
By submitting this completed application and disclaimer (together, this “agreement”), and upon 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 member of Team ASPCA and to donate to the ASPCA an amount not less than $3,500 (the “Fundraising Minimum”).

FUNDRAISING:  I understand and agree that, by submitting this agreement and upon being approved by the ASPCA, I will receive a guaranteed entry into the 2021 TCS New York City Marathon on November 7, 2021 (“Event”), along with such other benefits as described at https://secure.aspca.org/team/2021-tcs-new-york-city-marathon , and agree to raise the Fundraising Minimum in support of the ASPCA.  I understand and agree that my application 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 if I do not raise 50% of the Fundraising Minimum ($1,750) by September 12, 2021 (the New York Road Runner’s registration deadline), I authorize the ASPCA to charge my credit card listed on the Credit Card Recommitment Form for the difference between the amount that I have raised by September 12, 2021 and the amount of 50% of my commitment, which will be counted as money raised towards the Fundraising Minimum. I understand and agree that if I do not raise the applicable full Fundraising Minimum $3,500 by October 17, 2021, I authorize the ASPCA to charge my credit card listed on the Credit Card Recommitment Form for the difference between the amount that I have raised by October 17, 2021 and full Fundraising Minimum.  I understand and agree that my donation is non-refundable.

REGISTRATION FEE:  I understand and agree that the nonrefundable $75.00 application fee, if applicable, due upon registration does not count towards the Fundraising Minimum goal that I have agreed to fundraise in support of the ASPCA. If submitted by check, an additional $25 fee will be assessed for returned checks. I understand and agree that if the New York Road Runners transfers my participation in the Event to another date (e.g., due to the Covid-19 pandemic), the Fundraising Minimum will apply to the new date.

PARTICIPATION:  I understand that my participation in the Event with Team ASPCA is non-transferable.  If I am unable to participate in the Event for any reason, the Fundraising Minimum must still be donated to the ASPCA by October 17, 2021.  If any policy of New York Road Runners, Inc. prohibits competition in the Event with the use of service animals (which is not the policy of the ASPCA), I acknowledge and agree that I will not compete in the Event with the assistance of a service animal.

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 in the Event, training for the Event that I may engage in independently or that may be provided by the ASPCA (the “Training”) 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 (“Participant 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 my participation in the Event and through the Fundraising Page shall be donated to the ASPCA. All promotions of my Fundraising Page, or elsewhere, 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 Participant Content to the Fundraising Page, I represent that I (a) am the sole owner of the Participant 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 Participant Content; (c) have received permission to use the name and image of each person appearing in any Participant Content from such person if the person is 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 Participant Content; and (d) have received permission to use the name and image of each animal appearing in any Participant Content from the owner if the owner is 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, of each such animal.  I also represent that any Participant Content will not infringe upon the intellectual property rights of any third party.  By adding Participant 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 Participant 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 Event’s 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 part of your participation in the Event (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 earlier of (a) the ASPCA’s termination of your access to or use of your Fundraising Page, or (b) November 30, 2021. 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 (a) any high-risk activity, (b) any activity that might reflect unfavorably upon the ASPCA or tarnish the reputation of the APSCA or (c) 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 Content.  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/ MEDICAL CONSENT.  I UNDERSTAND THAT PARTICIPATING IN THE EVENT AND THE TRAINING ARE POTENTIALLY HAZARDOUS ACTIVITIES 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 AND/OR THE TRAINING AND/OR ANY RELATED ACTIVITIES UNLESS I AM MEDICALLY ABLE AND PROPERLY TRAINED.  I HEREBY AUTHORIZE ANY MEDICAL TREATMENT DEEMED NECESSARY IN THE EVENT OF ANY INJURY WHILE PARTICIPATING IN THE EVENT, TRAINING AND/OR ANY RELATED ACTIVITIES.  I HAVE APPROPRIATE INSURANCE OR, IN THE EVENT I DO NOT, I AGREE TO PAY ALL COSTS OF RESCUE AND/OR MEDICAL SERVICES AS MAY BE INCURRED.  I AGREE TO ABIDE BY ANY DECISION OF AN EVENT OFFICIAL OR TEAM ASPCA TRAINING COACH ABOUT MY ABILITY TO SAFELY COMPLETE THE EVENT, THE TRAINING AND/OR ANY RELATED ACTIVITIES.  I AM VOLUNTARILY ENTERING THE EVENT AND/OR THE TRAINING, ASSUME ALL RISKS, KNOWN AND FORESEEABLE OR UNKNOWN AND UNFORESEEABLE, ASSOCIATED WITH PARTICIPATING IN THE EVENT AND/OR THE TRAINING, 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 RESPONIBLE FOR ANY INJURY, LOSS OR DAMAGE THAT I MAY SUSTAIN OR CAUSE WHILE PARTICIPATING IN THE EVENT, THE TRAINING AND/OR ANY RELATED EVENT. 
 
HAVING READ THIS AGREEMENT AND KNOWING THESE FACTS, AND IN CONSIDERATION OF THE ASPCA’S ACCEPTANCE OF MY APPLICATION, 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 IN THE EVENT, THE TRAINING 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 PARTICIPANT 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 PARTICIPATION 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 in the Event, Training 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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