Release, Assumption of Risk, and Indemnification & Fundraising Commitment Agreements

Release, Assumption of Risk, and Indemnification and Fundraising Commitment Agreements

Thank you so much for your willingness to run on behalf of the END Fund, our partners, and the communities we serve at the 2023 TCS New York City Marathon. Your support will help bring us one step closer to a world where no one is impacted by neglected tropical diseases.

The END Fund uses electronic documents and electronic signatures for the guest profile and liability waiver as well as any other documents required from participants. However, if you prefer to use paper contracts, The END Fund can ensure such documents are available. If you consent to use electronic documents by filling out and signing such documents, you may later request paper copies of the electronic documents. To make such a request, please contact Catherine Garces at [email protected]. If you consent to use electronic documents, such consent will be presumed for subsequent documents as well, if any such additional documents become necessary. You may revoke the consent at any time, by giving the END Fund notice at the above-listed contact information.

The following hardware and software are required to be able to read, fill out, and save a copy of The END Fund electronic documents: any standard web browser. A copy of your submission will be sent to the email provided below.

If you prefer to use a PDF version of this form, please feel free to email Catherine Garces at [email protected] for a copy.

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In consideration of my voluntary participation in the 2023 TCS New York City Marathon, beginning on November 5, 2023 (the “Activity”), I, the undersigned, for myself, my heirs, relatives, family members, personal representatives, and assigns, and anyone else who might sue on my behalf or on behalf of my heirs or my estate, hereby release The END Fund, and each of its directors, officers, employees, volunteers, representatives, agents, event holders, event sponsors, event directors, event organizers, event volunteers, and event officials (“Releasees”), from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, contracts (oral and/or written), agreements, promises, liabilities, guarantees, claims, demands, damages, losses, costs, counsel fees, penalties, or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, arising out of, or relating to, my participation in the Activity.

I expressly waive any and all rights that may exist under any applicable state law as to the scope of this Agreement and the release of the Releasees.*

Initials

I acknowledge that the Activity includes physical activity, and carries with it the inherent risks of property loss or serious injury, including death, regardless of the care taken to avoid such losses or injuries. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants and/or beneficiaries, equipment, vehicular traffic, terrorism, disease and actions of other people, including, but not limited to, participants, volunteers, beneficiaries, local residents, event officials, event monitors and/or the organizer(s) and sponsor(s) of the Activity.

I acknowledge that my participation is voluntary and that I knowingly assume all of the risks of my participating and/or volunteering in the Activity, and I agree that The END Fund shall have no duty to protect me from such risks*

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I shall indemnify, defend and hold harmless the Releasees from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, as a result of my participation and/or involvement in the Activity, and shall reimburse the Releasees for such claims, actions, suits, procedures, costs, expenses, damages and liabilities.*

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I understand I may be photographed at the Activity. I agree to allow my photo, video or film likeness to be used for any legitimate purpose by The END Fund, and other sponsors, organizers and/or assigns.*

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I understand that, in the event I experience any travel-related cancelations, delays and/or other unforeseen events that cause me to miss all or any part of the Activity, no portion of my costs for participating in the Activity and no donations raised in connection with my participation in the Activity will be refunded to me (or any donor, as applicable) by The END Fund.*

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I agree to forever refrain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against any of the Releasees arising out of, or in connection with, my participation in the Activity. I further agree that if I commence any such suit, then I shall pay any Releasee sued, in addition to any other damages caused thereby, all reasonable attorneys’ fees and court costs of any kind whatsoever incurred by such Releasee in defending or otherwise responding to said suit, action or proceeding.*

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I hereby attest that I have sufficient travel insurance and general liability insurance for the Activity and that I will maintain personal health insurance while participating in the Activity.*

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I acknowledge that I am physically capable of participating in the Activity.*

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Fundraising Commitment

As part of my participation in the 2023 TCS New York City Marathon on behalf of the END Fund, I hereby commit to raising $3,000 in support of their neglected tropical diseases work. Further, if I am unable to fundraise the $3,000 commitment, I hereby agree to personally fulfill the remainder of the fundraising goal by December 31st, 2023*

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The Release, Assumption of Risk, and Indemnification Agreement and Fundraising Commitment (these “Agreements”) and my rights, duties and obligations hereunder shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to principles of choice of law. I hereby consent to the jurisdiction of the Courts of New York County, New York, and agree that all actions or proceedings relating to this Agreement shall be litigated exclusively in such Courts and in no other forum or court of jurisdiction.

I have read these Agreements and fully understand their terms. I understand I am giving up substantial rights for myself, including the right to sue. I am signing these Agreements freely and voluntarily and intend by my signature to completely and unconditionally release all liability to the greatest extent allowed by law.

Participant Information

Name*

First Last

Address*

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code Country

Phone*

Email*

Electronic Signature*

Type Name Here

Date*

Emergency Contact Information

Name*

First Last

Phone*

Email*