Sunshine Striders/Bailey's Warriors Fun Run Registration

 

Parent/Guardian’s Information

 

Child’s Information

 

Participation Information

AGREEMENT, WAIVER & RELEASE OF LIABILITY

I, [PARENT/GUARDIAN NAME], acknowledge that I am the parent or legal guardian of [CHILD/WARD NAME] (my "Child/Ward"), and that my Child/Ward has volunteered to participate in Cycle for Survival, a fundraising initiative of Memorial Sloan Kettering Cancer Center (together with its affiliated organizations, "MSK"), pursuant to which participants will raise money to support cancer research at MSK in connection with their participation in one or more Cycle for Survival events, including, but not limited to, in-person spinning/cycling events, other in-person fundraising events, virtual spinning/cycling events and other virtual fundraising events, in each case whether organized by MSK on its own or in conjunction with third parties, and other fundraising events hosted by participants under the "Fundraise Your Way" program (each, as applicable, a "CFS Event").

BY PERMITTING MY CHILD/WARD TO PARTICIPATE IN CYCLE FOR SURVIVAL AND CHECKING THE CHECKBOX AT THE BOTTOM OF THIS AGREEMENT, WAIVER & RELEASE OF LIABILITY, I AGREE AND CONSENT, ON BEHALF OF MYSELF AND MY CHILD/WARD, TO BE BOUND BY ALL OF THE TERMS IN THIS AGREEMENT, WAIVER AND RELEASE OF LIABILITY, AND I REPRESENT TO MSK THAT: (i) I am at least eighteen (18) years old; (ii) my Child/Ward has no health-related conditions that could adversely affect my Child/Ward's participation in any CFS Event; (iii) I and my Child/Ward have carefully read and fully understand this Agreement, Waiver and Release of Liability, including, but not limited to, Section 9 (Assumption of Risk) and Section 10 (Waiver and General Release of All Claims); and (iv) my agreement and consent are given voluntarily, in the interest of public awareness and education, for the furtherance of science, medical research and patient care and for other lawful purposes.

In connection with my Child/Ward's participation in Cycle for Survival:

  1. Use of Cycle for Survival Web Site and Web Pages. I and my Child/Ward understand that the Cycle for Survival web site and my Cycle for Survival web page(s), if any, are provided by MSK to my Child/Ward as a courtesy for participating in Cycle for Survival and managing my Child/Ward's fundraising efforts therefor, and my Child/Ward will use such web site and web page(s) solely for those purposes; provided, however, that if my Child/Ward is less than thirteen (13) years old, then my Child/Ward will use my Child/Ward's Cycle for Survival web page(s) only if I am directly supervising such use. Neither I nor my Child/Ward will allow any other person to use my Child/Ward's Cycle for Survival web page(s). MSK reserves the right, in its sole and absolute discretion, to post any listings or content on, and to refuse, withhold, remove and/or delete any accounts, listings or content from, the Cycle for Survival web site (and any web page thereof) for any reason at any time, including, but not limited to, any content or posting that MSK, in its sole and absolute discretion, deems to be unlawful, harmful, threatening, harassing, defamatory, libelous or invasive of another's privacy.

  2. Consent to Electronic Communications. MSK may, from time to time, send certain updates about Cycle for Survival and other MSK programs and certain solicitations to support those programs to participants in Cycle for Survival. I consent, on behalf of myself and my Child/Ward, to my Child/Ward receiving such updates and solicitations from MSK at the mailing address and email address that my Child/Ward has provided to MSK in connection with my Child/Ward's registration for Cycle for Survival.

  3. Publication of Personal Information. I and my Child/Ward understand that MSK has a duty to protect patients' personal and health information. If my Child/Ward intends to publish other people's personal and/or health information—including family members' or friends' health information—on my Child/Ward's Cycle for Survival web page(s) or elsewhere on the Cycle for Survival web site, then I and my Child/Ward will consult with them and obtain consent from them prior to doing so, in case they have concerns about or objections to such publication.

  4. Safekeeping of Valuables. My Child/Ward will not bring any valuables to any CFS Event if such event is taking place outside of my or my Child/Ward's residence.

  5. "Fundraise Your Way" Program. I and my Child/Ward understand and agree that (i) if my Child/Ward is less than thirteen (13) years old, then my Child/Ward may not and will not create a CFS Event under the "Fundraise Your Way" program, and (ii) in the event that my Child/Ward is eligible and chooses to create a CFS Event under the "Fundraise Your Way" program, MSK will not be responsible for any expense or execution of, or any claims, damages, losses, expenses and other liabilities arising from or related to, such activities. Further, I will supervise my Child/Ward in creating and conducting a CFS Event under the "Fundraise Your Way" program, my Child/Ward will conduct themselves in a professional manner and treat others with respect and dignity and will not harass or discriminate against others.

  6. Postponement, Cancellation of CFS Event. I and my Child/Ward understand that MSK may not own, operate or control the facilities or equipment involved in the operation of any CFS Event and, therefore, is not responsible for any postponement or cancellation thereof. Further, I and my Child/Ward acknowledge and agree that, in the event of any such postponement or cancellation, any and all proceeds of my Child/Ward's fundraising efforts for Cycle for Survival are non-refundable, such that MSK will be entitled to any and all such proceeds despite such postponement or cancellation.

  7. Cancellation of Participation. If my Child/Ward is unable to participate in any CFS Event due to injury, illness, scheduling conflict or otherwise, I or my Child/Ward will promptly notify MSK at cycleforsurvival@mskcc.org. Further, I and my Child/Ward acknowledge and agree that, in the event of any such cancellation, any and all proceeds of my Child/Ward's fundraising efforts for Cycle for Survival in connection with the applicable CFS Event are non-refundable, such that MSK will be entitled to any and all such proceeds despite such cancellation.

  8. Publicity. I and my Child/Ward understand that (i) in the case of news and other print, television, radio and internet media, I or my Child/Ward may not have the opportunity to review the publications or other content thereof before such publications or other content are published, broadcast or otherwise disseminated, and that MSK does not have control over such publications or content; and (ii) in the case of the internet in general, information may be published and otherwise used by third parties on their web sites, despite MSK's copyright over the content of such information, if any. I irrevocably consent, on behalf of myself and my Child/Ward, to the use and display of my Child/Ward's name, image and likeness by MSK and its sponsors (including, but not limited to, Equinox Holdings, Inc. and its affiliates) in connection with their respective web sites (e.g., the Cycle for Survival web site), publications (e.g., MSK's Center News, Annual Report, etc.) and communications with and advertisements through news and other print, television, radio and internet media, social media accounts and other digital platforms (e.g., Facebook, Twitter, Instagram, YouTube, Flickr, Pinterest, TikTok, etc.) and for any other commercial or promotional purpose. I and my Child/Ward acknowledge and agree that neither I nor my Child/Ward is entitled to, and I irrevocably waive, on behalf of myself and my Child/Ward, any and all rights to, interests in or claims for, any remuneration (in any amount or form) in consideration for any such use or display.

  9. Assumption of Risk. I and my Child/Ward understand that participation in any CFS Event may be a rigorous and potentially hazardous activity; that I and my Child/Ward are solely responsible for determining whether my Child/Ward is sufficiently physically and mentally fit and skilled to undertake or continue to participate in any fitness activity in a safe manner; and that such participation entails inherent risks of physical injury to participants. Further, I and my Child/Ward understand that MSK may not own, operate or control any CFS Event, and I voluntarily assume, on behalf of my Child/Ward, to the fullest extent, any and all risks associated with participating in any CFS Event, including, but not limited to (and, in all cases, whether or not known and/or appreciated by me or my Child/Ward and regardless of severity): injuries (including, but not limited to, bone and joint injuries, head, neck and back injuries, muscle strains and other muscle injuries, shin splints, heart attacks, strokes and other circulatory problems, psychological injury, pain and suffering and disfigurement); disability; death; falls; contact with other participants, equipment and other objects; and exposure to weather conditions (including extreme heat or cold, humidity, rainfall, flooding and icing), event conditions, traffic, acts of violence, terrorism or war, public unrest and pandemics and other illnesses.

  10. Waiver and General Release of All Claims. In consideration for my Child/Ward being permitted by MSK to participate in Cycle for Survival, and as a material inducement for MSK to permit my Child/Ward to participate in Cycle for Survival, I hereby, on behalf of myself, my Child/Ward and my Child/Ward's next of kin, heirs, distributees, guardians, other legal representatives and assigns, fully, forever and irrevocably waive, release, discharge and hold harmless MSK and its directors, officers, employees, agents, sponsors, vendors, successors and assigns (collectively, the "MSK Parties") from any and all claims (including, to the extent permitted by law, claims alleging negligence on the part of any MSK Parties), damages, losses, expenses (including, but not limited to, attorneys' fees) and other liabilities, present or future, foreseen or unforeseen, anticipated or unanticipated that I or my Child/Ward may have (or that may accrue to me or my Child/Ward) against any MSK Parties arising from or related to my Child/Ward's participation in Cycle for Survival (collectively, "Claims"), including, but not limited to, Claims resulting from (i) my Child/Ward's fundraising efforts for Cycle for Survival, (ii) my Child/Ward's participation in any CFS Event, (iii) my Child/Ward's loss of personal property (whether by theft, destruction or otherwise) in connection with any CFS Event, (iv) the postponement or cancellation of any CFS Event, and (v) the publication of my Child/Ward's name, image and/or likeness pursuant to Section 8 (Publicity); and I hereby promise that I and my Child/Ward will never assert or assist any other party in asserting any causes of action (including, but not limited to, suits, attachments, prosecutions and enforcement actions) against any MSK Parties in any manner to the extent that such causes of action arise from or relate to any Claims.
I agree with the terms and conditions above and acknowledge that I am at least 18 years old.