Terms and Conditions
November 05, 2023
Terms & Conditions
I acknowledge that I have volunteered to participate in Team Kidney Moves and the 2022 TCS New York City Marathon Community Charity Program fundraising initiative (the "Program"), organized by the National Kidney Foundation (NKF), and have committed to raise a minimum of $3,000 as a condition of my registration for the 2022 TCS New York City Marathon (the "Event").
In consideration of my participation in Team Kidney and the 2022 TCS New York City Marathon Community Charity Program, I agree to assume the risks incidental to such participation (which risks may include, among other things, physical injury related or unrelated to my present health condition and non-participatory activities incidental to the Event) and, on my own behalf and on behalf of my heirs, executors and administrators, release, indemnify and forever discharge the National Kidney Foundation and its affiliated organizations, their officers, directors, agents, employees and volunteers of and from all liabilities, claims, actions, damages, costs or expenses of any nature arising out of or in any way connected with my participation in such activity, including, but not limited to, all attorney's fees and disbursements.
I understand that the National Kidney Foundation and its affiliated organizations do not own, operate, or sponsor the Event or operate or control the Event's course, and I voluntarily assume all risks associated with participating in the Event including but not limited to, falls, contact with vehicles, other participants, spectators or others, the effect of weather, including high heat, extreme cold, ice, rainfall, flooding and/or humidity, traffic and the condition of the road, all such risks being known and appreciated by me. I further agree that released parties defined above shall not be liable or responsible for any acts or omission of the Event sponsors.
"I UNDERSTAND THAT THIS RELEASE AND INDEMNITY AGREEMENT INCLUDES ANY CLAIMS BASED NOT ONLY ON MY OWN ACTIONS, INACTIONS OR NEGLIGENCE, BUT ALSO ON THE ACTIONS, INACTIONS, OR NEGLIGENCE OF THE ABOVE RELEASED PARTIES AND COVERS BODILY INJURY (INCLUDING DEATH) AND PROPERTY LOSS OR DAMAGE, WHETHER SUFFERED BY ME OR OTHERS, BEFORE, DURING OR AFTER SUCH PARTICIPATION."
I understand that training for and running in this Event is a rigorous and potentially hazardous activity. I declare that I am physically fit and have the skill level required to participate in this particular event and have based this representation on a physician's medical advice or my decision to knowingly proceed in the absence of such advice.
I understand that the name and logo(s) associated with the Program are the intellectual property of the National Kidney Foundation, Inc. and that any unauthorized use of the Program name and logo(s) without written consent of the National Kidney Foundation, Inc. is prohibited and may be subject to civil and criminal penalties under the laws of the United States. I further understand that I agree not to otherwise grant commercial advertising rights connected with my participation in the Program.
I further grant the National Kidney Foundation, their related and affiliated companies, the right to photograph and/or videotape me and further to use my name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation or limitation although I understand that there is no obligation to exercise said rights herein granted. I understand that the National Kidney Foundation does not have final control over the use or distribution of these materials, and media outlets like television, radio and Web sites may reuse and re-disclose this information without getting the NKF's or my permission.
I release the National Kidney Foundation and its officers, agents, and employees from any and all liability connected with the use or disclosure of these materials and understand my consent cannot later be revoked. I also waive all rights, interest or claim for payment in connection with any exhibition, use or disclosure of these materials.
By my signature below or by submitting this online application, I certify I am 18 years of age or older, and I have carefully read this Agreement and Release and fully understand its contents. I also hereby approve and voluntarily agree to all the terms and conditions of this application and agree that all info entered was done accurately & truthfully.
You must agree to the general waiver before continuing.