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.
GENERAL AUCTION RULES
- A signature, electronic, or verbal bid during the auction constitutes a legal offer to buy. At the call of the auctioneer, the highest bidder (hereinafter the “purchaser”) shall be deemed to have purchased the offered item in accordance with both (i) all of the conditions set forth herein and (ii) any terms and conditions presented in the item description and certificate (if applicable). The purchaser further (a) assumes full risk and responsibility therefore, (b) if requested will sign a confirmation of purchase and (c) will pay the purchase price in full for all items purchased. All sales are final and there will be no exchanges or refunds. In all cases of dispute, the decision of March of Dimes is final. All questions concerning any auction items, including but not limited to travel, must be submitted to March of Dimes within sixty (60) days post event date.
- Restaurant certificates do not include liquor, tax, or gratuities, unless otherwise indicated. All hotel/resort reservations are based on availability unless the certificate specifies a specific date.
- Please pay attention to all conditions, restrictions, and expiration dates on items and services. Except where noted by the donor of the auctioned item, services, tickets, certificate items, etc., must be used within one year of the auction and are subject to mutually agreed upon times and dates. March of Dimes assumes no responsibility for travel arrangements. No refunds will be made for canceled or unused tickets or accommodations. All air transportation is coach class unless otherwise noted and is subject to blackout dates. Future donations depend upon strict observance of these restrictions.
- March of Dimes reserves the right to withdraw any item at any time before the call for bids on that item. March of Dimes may adjourn sale without notice before specific item is struck off. March of Dimes may, in its discretion and on an item-by-item basis, require that successive bids be at least a stated amount above previous bid. Items depicted in the video presentation are for illustrative purposes only and may not be actual auction items.
- If delivery of items is to be made by March of Dimes, if March of Dimes is prevented by fire, theft, or any other reason whatsoever from delivering any item to the purchaser, March of Dimes liability shall be limited to the sum actually paid for that item by the purchaser and shall in no event include any incidental or consequential damages.
- March of Dimes has endeavored to describe the items correctly, but all items are sold “AS IS,” and March of Dimes neither warrants nor represents, and shall in no event be responsible for, the correctness of the description, genuineness, fitness for original purpose of item, authorship, provenance, or condition of any item. No statement contained in the program, item description, item certificate (if applicable), or made orally at the sale or elsewhere shall be deemed to be such a warranty or representation. Failure or inability to inspect the item is not grounds for adjustment or rescission of a bid.
- Auctions may include donated items. March of Dimes has no liability for disputes between the purchaser and donor regarding the donated item.
- If packing and handling of purchased items is done by March of Dimes, it is done at the risk of the purchaser. March of Dimes is not liable for any acts or omissions of carriers or packers, including those the March of Dimes may recommend. Such carriers or packers may carry their own insurance and any claim for loss or damage should be addressed directly to them.
- Payment must be made in full the evening of the event. Guests can either pay in advance at Registration or at the conclusion of the Live Auction at guest check out. Cash, Check, American Express, Discover, MasterCard and Visa will be accepted. March of Dimes may require additional purchaser information upon payment, such as the purchaser’s name, address, and phone number.
- Items can be removed only by exhibiting a paid receipt from an auction cashier. Unless otherwise noted, all items must be removed from the venue at the close of the auction. If not so removed, the item may, at March of Dimes’ option, be transferred to a public warehouse at the purchaser’s risk and expense.
- Due to license and insurance regulations, leased and purchased motor vehicles may be picked up on an agreed upon date and time, at the dealer’s place of business. If applicable, all transfer and license fees fall to the responsibility of the purchaser.
- Alcohol may be sold and delivered only to persons who are at least 21 years old.
- Please note that on any sports memorabilia item, while March of Dimes has done everything in its power to secure a valid certificate of authenticity, March of Dimes neither warrants nor represents, and shall in no event be responsible for, the authenticity, genuineness, or condition of any item.
- March of Dimes assumes no responsibility for any item purchased and either re-sold or re-donated to another event. Items may not be resold at public sales.
- March of Dimes may set a minimum price below which the item will not be sold (a “reserve price”). In such a case, no bid will be considered if less than the reserve price.
- The cost of the admission ticket is tax deductible to the extent of the amount exceeding the fair market value.
- A portion of your winning bid may be eligible for a tax deduction as allowed by the IRS. Please consult your tax professional for eligibility.
- Under State law, March of Dimes is not required to collect sales tax on items purchased at this auction. However, the purchaser of some items may be required to pay use tax. You are encouraged to contact the relevant State Department of Revenue (or equivalent) or consult with your tax adviser to determine if you are required to pay use tax on any items purchased at this auction.
- March of Dimes reserves the right to alter all auction terms at any time before commencement of auction.
Additional terms also applicable to Live Auctions:
- Successful bidders for the Live Auction must sign a bidder form. At that time, they should verify that the bid number, amount, and item descriptions are correct. A signature constitutes a legal contract to buy.
- Should a bidder refuse to sign the bidder form, the item will be returned to the auctioneer and resold immediately.
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.