MARCH OF DIMES EVENT
ACKNOWLEDGEMENTS AND CONSENTS
For Both Adult Participants and Parents / Guardians
of Minor Participants (under 18 years of age)
Please carefully read the following. By attending a March of Dimes event, you acknowledge and agree as follows, including the following release and waiver of claims.
I confirm the following facts are true - I am 18 years of age or older. I am the Parent or Legal Guardian of any child/children attending the event with me. For myself and accompanying child/children (if applicable), and in consideration of attendance in activities held or sponsored by March of Dimes Inc. (“MOD”) (the “Event”), I agree as follows:
EVENT HEALTH AND SAFETY
March of Dimes encourages all individuals, particularly persons who are immunocompromised or at increased risk for severe disease, to wear masks during an Event, regardless of their vaccination status. For more detailed information on medical conditions that place people at higher risk of severe illness from COVID-19, visit “CDC: People with Certain Medical Conditions.” Except as may be required by venue, state, or local requirements, March of Dimes does not intend to check vaccine status, require proof a negative test, or perform temperature checks for Events. If required by the venue or State or local authorities, or in its own discretion, March of Dimes may adopt additional health and safety guidelines on an event-by-event basis. In such an event, March of Dimes agrees to inform you in advance of such guidelines. You agree to follow all health and safety guidelines required by March of Dimes and the event venue.
COVID-19 HEALTH CERTIFICATION
You agree will not attend an Event if you are sick or test positive for COVID-19. In such an event, we recommend that you contact your primary care doctor for guidance and follow the CDC’s isolation guidance at “Isolation and Precautions for People with COVID-19.” If you have been exposed to someone with COVID-19, you agree that you will only attend if permitted by the CDC guidelines for quarantining and masking, available at “Close Contacts and Quarantine: COVID-19.” If the CDC guidance indicates you should stay home, you agree that you will not attend the Event. And if CDC guidance indicates you may attend the Event if you wear a mask while attending, you agree to follow the masking requirements while attending the Event.
LIABILITY WAIVER AND RELEASE OF CLAIMS
RELEASE OF CLAIMS AND INDEMNITY. I, FOR MYSELF AND ON BEHALF OF ACCOMPANYING CHILD/CHILDREN, AGREE TO RELEASE AND NOT TO SUE MARCH OF DIMES INC., ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS, AND ORGANIZERS OR SPONSORS OF EVENT (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT, OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, OR OTHER LOSS, WHICH I OR ACCOMPANYING CHILD/CHILDREN, HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY/OUR BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY OR AN ACCOMPANYING CHILD’S/CHILDREN’S PARTICIPATION IN OR ATTENDANCE AT THE EVENT.
ACKNOWLEDGEMENT AND ASSUMPTION OF INHERENT AND OTHER RISKS. I, for myself and any accompanying children, acknowledge, understand, and agree as follows:
1. I am aware of the highly contagious nature of bacterial and viral diseases, including the 2019 novel coronavirus disease (COVID-19), influenza, and other infectious diseases (collectively, the “Disease”), and while particular rules and personal discipline may reduce this risk, I am aware of the risk that attendees may be exposed to or contract the Disease by engaging in the Event, which may result in serious illness, personal injury, disability, or death;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I, for myself and all accompanying children, hereby knowingly assume the risk of injury, harm, and loss associated with the Event, including any injury, harm, and loss caused by the negligence, fault, or conduct of any kind on the part of the Released Parties. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of individuals I am around or with whom I have contact.
MEDICAL ACKNOWLEDGMENT AND RELEASE. I, for myself and accompanying children, acknowledge the potential health risks associated with the Event. I agree that if I or any accompanying child experience any adverse symptoms during the Event, I will discontinue my and my minor child’s participation immediately and seek appropriate medical attention. I authorize March of Dimes, the Event organizer(s), volunteers, medical personnel, or others to obtain or provide medical care for myself, my child/children, to transport my child/children and/or I to a medical facility, and to provide treatment they consider advisable for myself and/or for my child’s/children’s health. I agree to pay all associated costs. I authorize the release of my own and/or my child’s/children’s medical records and personal information by or to the Event organizer(s) and March of Dimes, if necessary or useful for treatment, referral, billing, or insurance purposes. I, FOR MYSELF AND MY CHILD/CHILDREN, DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer, or attendee, I recognize that my and my child’s/children’s participation, involvement and/or attendance at any March of Dimes Event is voluntary and may result in personal injury (including death) and/or property damage. BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
VOLUNTEER AND SUPPORTER. I, for myself and any and all of my participating minor child/children acknowledge that we derive a benefit by virtue of our participation and/or voluntarism with MOD and that we willingly engage in MOD Events.
IMAGES/STORIES/CONSENT. I hereby grant to March of Dimes or its designees, the irrevocable right and permission to photograph, film, record, and otherwise capture my own and/or an accompanying child’s/children’s name, image, voice, statement, photograph, or likeness (collectively, “recordings”) and use or sublicense them in any media throughout the world, in perpetuity, including for reproduction, display, or otherwise (e.g., on websites, on social media, in publications, or for informational, educational, promotional, or other purposes), without compensation to me or my child/children. I agree that March of Dimes owns its own respective recordings and all copyrights in them. I waive any inspection or approval rights.
I understand that from time to time, I may share with March of Dimes or its designees, my own stories, testimonials, photographs, films, recordings, or other depictions that otherwise capture my own and/or my child/children’s name, image, voice, statement, photograph, or likeness (collectively, “submissions”). I represent and warrant that I am the owner of submissions provided by me to March of Dimes and hereby grant to March of Dimes or its designees, the irrevocable, non-exclusive, royalty-free license to use or sublicense the submissions provided by me, throughout the world, in perpetuity, including but not limited to for education, public relations, fundraising, and other purposes (e.g., on websites, on social media, in publications, or for informational, education, promotional, or other). I waive any inspection or approval rights.
By attending the Event, you are deemed to have given full release of liability to the Released Parties to the fullest extent permitted by law.