Terms and Conditions

Terms and Conditions

The National Kidney Foundation (NKF) is extremely grateful for the efforts of all Do It Yourself Fundraisers who coordinate fundraising activities to benefit NKF. Your commitment moves us closer toward a world free of kidney disease. 

The NKF defines a Do It Yourself Fundraising (DIY) activity as any fundraising activity by a third-party (defined as any non-affiliated group or individual (including volunteers and employees), where the NKF has no direct responsibilities and little or no staff involvement or planning.


COVID-19 INFORMATION

I am aware that COVID-19 is an extremely contagious disease and that an inherent risk of exposure to COVID-19 is present in any public place. By attending or organizing this event and signing this form, I expressly warrant that:

· Except to the extent of negligence or willful misconduct by NKF, I will indemnify and hold the National Kidney Foundation (NKF) harmless from any and all claims of any kind or nature whatsoever arising out of, or in any way related to, my negligence or willful misconduct relating to my participation in this fundraising initiative.

· Except to the extent of negligence or willful misconduct by NKF, I will indemnify and hold the NKF harmless from any and all claims of any kind or nature whatsoever arising out of, or in any way related to my alleged exposure to, or my contracting of, COVID-19 during or after the Event.

· I voluntarily assume all risks related to exposure to COVID-19 and if required, I agree to follow all rules established by the Center for Disease Control, the state in which the event occurs, and the event venue.

· I will not attend any NKF event if I have tested positive for COVID-19.

· I also give permission for the free use of my picture in any media or other account of these events.

In consideration for being permitted to organize or participate in this event, I, the undersigned, covenant not to sue and waive and release NKF and its directors, officers, employees, volunteers, agents, and supervisors (collectively, the “Releasees”), from any and all claims, liabilities, or causes of action arising out of an injury to me or loss or damage to property, except to the extent of negligence or willful misconduct by NKF. Furthermore, I agree to be responsible for any damages attributable to my negligence or willful misconduct.

I acknowledge I have carefully read, accept, and agree to the terms of this Liability Waiver, and know and understand their contents and, I agree of my own free will without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by law.

PROMOTION

The DIY activity will be promoted and conducted in a manner to avoid the appearance of NKF endorsing any product, firm, organization, individual or service to those activities permitted by the NKF.
NKF reserves the right to decline association with any third-party when it believes that such association or DIY activity may have a negative effect on the reputation of NKF.

When possible, all DIY activities should establish a timetable and action plan a minimum of three months before the activity. An NKF representative may provide guidance in the development of committee structure, marketing and deadlines. 
Any use of the name, and/or logo of NKF license marks must be approved by the Foundation before promotion begins. 

This agreement is valid for the activity’s term.

The official name, National Kidney Foundation logo and DIY logo must be appropriately used in conjunction with a DIY activity but may not be altered in any way. 

Termination: At the end of the event’s term the Organizer agrees to make no further uses of the Marks.  It further agrees to execute without cost any document necessary to relinquish any common law rights in the Marks or similar marks as determined by Licensor.

Licensed Marks and the name "National Kidney Foundation" may not be linked with the trade or business name of the Organizer.  Not allowed: e.g. "Krells Lounge/NKF"; "The National Kidney Foundation at Louie's Lower Level"

Licensed Marks and the name "National Kidney Foundation" may not be linked with any other local or national health organization.  Not allowed: e.g. "St. Jude's Children's Hospital and The National Kidney Foundation"

The NKF operates under the Better Business Bureau guidelines for charitable giving. In compliance with these guidelines, NKF requires full disclosure on all packaging, advertising or promotional materials when funds are raised through any consumer purchase or promotion (e.g. $1 from the sale of each item). All DIY fundraisers that involve a consumer purchase or promotion must NOT state or imply that the Foundation is involved with the promotion. 
Promotional materials and/or advertisements cannot be purchased with NKF funds and are the responsibility of the organizer.
 
NKF reserves the right to decline endorsement of an activity for any reason. 
Please feel welcome to use the following content describing the National Kidney Foundation in marketing/promotional materials: 

About the National Kidney Foundation 
The National Kidney Foundation addresses the challenges of each person affected by kidney disease by funding cutting edge research, driving change through advocacy, facilitating professional education, and providing programs and services designed to help people with kidney disease and their families move their lives forward. We are people who want to do something about kidney disease NOW, and are dedicated to achieving a world free of kidney disease. Join the movement at kidney.org. 

Early and ongoing treatment with an FDA-approved therapy can make a difference for people with kidney disease. Learn about your options by talking to your health care professional and contacting the National Kidney Foundation at kidney.org or 1.855.NKF.CARES (1.855.653.2273).

LIABILITY

NKF shall not be responsible, under any circumstance, for the promotion, set-up, pre-event, post-event or operational issues associated with a DIY activity. The organizer assumes all risk for expenses and liabilities, and agrees to indemnify, defend and hold harmless the Foundation from any and all claims, obligations or liabilities associated with the DIY activity. 
Should the organizer choose to serve alcohol, to minimize risk, we recommend you do so via a "cash bar". In addition, the availability of alcohol should not be promoted. The responsibility of serving the alcohol to attendees and/or participants should remain with a third party (for ex. restaurant or facility staff etc.). Proof of age is required, and signs should be posted to that effect. Alternative means of transportation should be available to attendees and/or participants. The third-party organizer agrees to indemnify, defend and hold harmless NKF for any liability associated with the serving of alcohol at the DIY activity.

Local municipalities and property owners will often times require third-party organizers to provide evidence of insurance particularly when the activity involves a specific number of participants/attendees. Third-party organizers of DIY activities shall not rely on NKF’s insurance for the event. We recommend organizers comply with insurance requirements as the organizer assumes ALL risk associated with the activity.

DIY organizers are also responsible for obtaining applicable permits and licensing in use of all public facilities and/or properties through the appropriate municipality. The Foundation has no responsibility for obtaining applicable licenses and permits.

To the extent that the DIY activity is physical in nature, the third-party organizer shall require all participants to execute event waivers that specifically release NKF from all claims relating the participation in the DIY activity. 
In some instances, organizers may become involved with various vendors in support of the activity. It is recommended that the DIY work with insurance vendors to provide evidence of insurance and include the DIY organizer as additionally insured.


PHOTO, VIDEO, AUDIO AND WRITING RELEASE

I hereby grant to the National Kidney Foundation, Inc. and its affiliates (hereinafter referred to as the “National Kidney Foundation”) the absolute and irrevocable right to use the name(s) listed below in respect of photographic portraits, or any writing(s) or video/audio the National Kidney Foundation had taken of me or my legal ward listed below or in which I or my legal ward may be included with others, editorial or any other media such as film or video, to copyright the same; to reuse, publish and republish the same in whole or in part, individually or in conjunction with other photographs, and in conjunction with any printed matter, in any and all media now or hereafter known, including web pages and social networking media, and for any other purpose whatsoever, for illustration, promotion, art, editorial, advertising and trade, or any other purpose whatsoever without restriction as to alteration; from time to time, or reproductions thereof in color, black and white or otherwise made through any media.

I hereby waive any right that I may have to inspect or approve the finished products or the advertising copy or printed matter that may be used in connection therewith or the use to which it may be applied.

I hereby release, discharge and agree to save harmless the National Kidney Foundation, its legal representatives or assigns and all persons acting under its permission or authority, from any liability in connection with the use of the photographs, video and/or film as aforesaid or by virtue of any alteration, processing or use thereof in composite form, whether intentional or otherwise, as well as any publication thereof.

I understand that my (our) name(s) and image(s), writing(s) or photographs, video, audio and/or film taken by the National Kidney Foundation may be included into stock files. I agree that the photographs, the files thereof, video and/or film, and the rights to copyright the same, shall be the sole property of the National Kidney Foundation, with full right of lawful disposition in any manner.

INDEMNIFICATION

By agreeing you, the DIY organizer, agree to defend, indemnify, and hold harmless the National Kidney Foundation and its respective officers, directors, chapters, agents, volunteers and employees, from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including reasonable attorneys' fees) arising from, or relating to the DIY activity or your breach of these guidelines.


PROHIBITED ACTIVITIES
 
The following activities are not permitted for DIY events:
Base jumping
Bull riding
Car racing
Extreme skiing
Gliding
Hang Gliding
Hot air ballooning
Motocross
Private aircraft travel
Rappelling
Rock climbing
Scuba diving
Skateboarding with stunts involved
Ski jumping
Skydiving
White water rafting/kayaking

GAMING

While NKF does not prohibit gaming, such as raffles, at DIY events, it is the responsibility of each DIY organizer to make sure that any gaming activities conducted during a DIY event comply with state and local laws (many states only allow gaming when such gaming is conducted by a non-profit organization).

Under no circumstances may a DIY organizer use NKF gaming license in order to conduct gaming activities.

ACCESSIBILITY

All DIY activities should be accessible to people with disabilities. The activity should take place at a location that meets ADA regulations. 

DIY organizers should promote and make arrangements for any special accommodation needs of participants, volunteers, and/or staff. 

REVENUE GENERATION

All promotional materials must clearly state the percentage of proceeds and/or the portion of the ticket price that will benefit NKF.

The Organizer must make all net proceeds available to NKF within 30 business days of the conclusion of the activity and/or promotion. 

RECORDS
 
NKF must receive a list of targeted sponsors for the activity, before they are approached, to minimize overlap with other campaigns. 

The Foundation reserves the right to inspect all activity financial records and related expenses. 

The Foundation may request a list of all donors and sponsors who contributed cash and in-kind items to the activity. 

DIY organizers are responsible for tracking participants, sponsors and volunteers and mailing appropriate materials as needed. 


 

TAX ISSUES
 
The National Kidney Foundation is a charitable organization as defined under 501(c) (3) of the Internal Revenue Code. Any contribution to NKF qualifies as a deduction under Section 170 of the Internal Revenue Code. 
Difficulty could arise when an independent, outside organization wishes to raise money for the Foundation. If the payments are made to this independent organization and it is not a qualified organization, the payments will not be deductible for income tax purposes. If the payments are made directly to NKF then such payments are tax deductible. 
 

I, the Organizer, certify that I have read and understand the intent of these guidelines and release.