PARTICIPANT WAIVER AND PERMISSION (REQUIRED)
I understand that my execution of this Waiver is a prerequisite for
participation in the Butterfly Walk for Lupus & Fibromyalgia®
event, including, but not limited to, training programs prior to the
event (collectively the “Event”).
1. I understand that in order
to be allowed to participate in the Event, I agree to assume all risks
and to release and hold harmless the Social Butterflies Foundation,
and their affiliates, divisions, assigns, successors in interest,
agents, servants, employees, officers, trustees and directors, past
and present and each of them, and Fundrazr, its officers, agents,
employees, assigns, successors in interest, contractors, vendors (and
their agents), agencies, sponsors, officials, and volunteers,
including walk leaders, participating communities and clubs and all
government and public entities including, but not limited to, the
State, County and local municipalities where the events take place
(collectively the “Released Parties “).
2. I understand and agree
that this release will have the effect of releasing, discharging,
waiving, and forever relinquishing any and all actions or causes of
action that I may have or have had on my own behalf and on behalf of
my survivors, heirs and estate, whether past, present or future,
whether known or unknown, and whether anticipated or unanticipated by
me, arising out of my participation in the Event. This release
constitutes a complete release, discharge and waiver of any and all
actions or causes of action against the Released Parties.
3. I
understand and agree that this release will have the effect of
releasing, discharging, waiving, and forever relinquishing any and all
actions or causes of action that I may have or have had on my own
behalf and on behalf of my survivors, heirs and estate, whether past,
present or future, whether known or unknown, and whether anticipated
or unanticipated by me, arising out of my participation.
A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.
This release constitutes a complete
release, discharge and waiver of any and all actions or causes of
action against the Released Parties, including claims for wrongful
death.
4. I understand and agree that this release applies to
personal injury, property damage, or wrongful death that I may suffer,
even if caused by the negligent actions or omissions of others. I
understand that by agreeing to this release that I am assuming full
responsibility for any and all risk of death or injury or property
damage suffered by me while participating in the Event, including
training prior to the Event. I understand and agree that this release
will be binding on my heirs, my personal representatives, and my
assigns.
5. I understand that I am solely responsible for my
health and safety, and I acknowledge that I am physically capable of
participating in and completing this Event. I understand that I must
have valid health insurance at the time of the event. Further, I
acknowledge that I am at least 18 years of age.
6. I understand
that I am responsible for my own safety on this event, and I will
abide by all Event and traffic rules.
7. If a Volunteer: I
understand that I will be part of the volunteer service organization
on the Event. I also understand that am not required to meet a
fundraising minimum in order to participate.
8. I agree to allow
the Released Parties, and their contractors, agencies and sponsors,
the use of my name and likeness in connection with the Event for any
purpose related to the advertising or promotion of the Event,
worldwide in perpetuity in all forms of media now and forever
known.
9. Should any portion of this Waiver be judicially
determined invalid, voidable or unenforceable, for any reason, such
portion of this Waiver shall be severable from the remaining portions
herein and the invalidity, voidability, or unenforceability thereof
shall not affect the validity, effect, enforceability, or
interpretation of the remaining provisions of this Waiver. I have
carefully read this Waiver and fully understand its contents. I am
aware that this is a release of liability and I agree of my own free will.
Please provide your signature to continue.