By clicking “I Agree,” and in consideration for the right to use the Team Sierra fundraising platform (referred to herein as the “Site”) and raise funds for Sierra Club in connection with the upcoming City Hike organized by Sierra Club in Los Angeles (the “Activity”), I am representing that I am at least 18 years old, and I acknowledge and covenant to be bound by the following terms and conditions. If I am authorizing a minor child under my legal authority to participate in the Activity, I am agreeing to these terms on behalf of myself and the minor child. If I am bringing a minor child who is not under my legal authority, I shall provide Sierra Club with the child’s legal guardian’s written agreement to these terms prior to the Activity: Acknowledgment of Responsibility, Assumption of Risk, and Release of Liability I understand that during my participation in the Activity, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in theActivity and cannot be eliminated without destroying the unique character of the Activity. These inherent risks include, but are not limited to, the dangers of personal injury, property damage, and death (“Injuries and Damages”), and the Sierra Club has not tried to contradict or minimize my understanding of these risks. I know that Injuries and Damages can occur by natural causes or activities of other persons, animals, automobiles and other vehicles, trip participants, trip leaders, trip assistants, or third parties, either as a result of negligence or because of other reasons. I understand that risks of such Injuries and Damages are involved in the Activity and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such risks. I further understand that on the Activity there may not be rescue or medical facilities or expertise necessary to deal with the Injuries and Damages to which I may be exposed. In consideration for my acceptance as a participant in the Activity, I confirm my understanding that: If any rules, routes, or conditions are made available to me, I will review them and abide by them. If I do not understand them, I will obtain clarification. I will pay any costs and fees for the Activity; and I acknowledge my participation is at the discretion of the Sierra Club.
The Activity officially begins and ends at the location(s) designated by the Sierra Club. The Activity does not include carpooling, transportation, or transit to and from the Activity, and I am personally responsible for all risks associated with this travel.
If I decide to leave early and not to complete the Activity as planned, I assume all risks inherent in my decision to leave and waive all liability against the Sierra Club arising from that decision. Likewise, if the Sierra Club or a Sierra Club leader or volunteer has concluded the Activity (or my group within the Activity), and I decide to go forward without the leader, I assume all risks inherent in my decision to go forward and waive all liability against the Sierra Club arising from that decision.
To the fullest extent allowed by law, I agree (on my own behalf and on behalf of any minor child I’ve authorized to participate) to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY the Sierra Club, its officers, directors, employees, agents, leaders, and volunteers from any and all liability on account of, or in any way resulting from Injuries and Damages, even if caused by negligence of the Sierra Club its officers, directors, employees, agents, leaders, and volunteers in any way connected with the Activity.
I further agree (on my own behalf and on behalf of any minor child I’ve authorized to participate) to INDEMNIFY, DEFEND, and HOLD HARMLESS the Sierra Club, its officers, directors, employees, agents, volunteers, contractors, affiliates, advisors, and leaders from any claims, damages, injuries, losses, damages, obligations, liabilities, costs, debt, or expenses (including but not limited to attorneys’ fees) caused by (i) my own negligence (or the negligence of any minor child I’ve authorized to participate) while a participant on the Activity, and/or arising from: (ii) my use of and access to the Site; (iii) my fundraising activity in support of the Sierra Club in connection with the Activity, and related activities (together, my “Campaign”) ; (iv) my violation of this agreement, the documents incorporated by reference, or any terms posted on the Site; (v) my violation, in connection with the Activity, the Site, or my Campaign, of any third party right, including without limitation any copyright, property, or privacy right; (vi) any third party participation in my Campaign or related activities; or (vii) the participation of any minor child whose participation I have authorized or facilitated. This indemnification, defense, and hold harmless obligation will survive this agreement, the Activity, and my use of the Site
I understand and intend that this assumption of risk and release is binding upon my heirs, executors, administrators and assigns, and includes any minors accompanying me on the Activity and/or authorized by me to participate in the Activity.
I have read this document in its entirety and I freely and voluntarily assume all risks of such Injuries and Damages and notwithstanding such risks, I agree (on my own behalf and on behalf of any minor child I’ve authorized to participate) to participate in the Activity.
I accept full responsibility for learning and staying apprised of the Activity route and conditions, and for determining whether the Activity is safe and appropriate in light of my abilities, fitness, preferences, and perceptions (and those of any minor child who’s participation I authorize or facilitate). II. Authorizations I grant the Sierra Club and its designees the irrevocable right and permission to photograph, film, record, and otherwise capture the image, voice, statement, name, or likeness of myself and any minor child I’ve authorized to participate (collectively “recordings”) and use or sublicense them in any media throughout the world, in perpetuity, including for reproduction, display, or otherwise (e.g., on websites; on social media; in publications, DVDs, or motion pictures; for informational, educational, promotional, or other purposes), without compensation. I agree that the Sierra Club shall own its recordings and all copyrights in them. I waive any inspection or approval rights.
I authorize Sierra Club, its volunteers, medical personnel, or others to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment they consider advisable for my health. I agree to pay all associated costs. I authorize the release of my medical records and personal information by or to the Sierra Club, if necessary or useful for treatment, referral, billing, or insurance purposes.
If I am authorizing a minor child(ren) to participate, I authorize Sierra Club, its volunteers, medical personnel, or others to obtain or provide medical care for such child(ren), to transport such child(ren) to a medical facility, and to provide treatment they consider advisable for such child(ren) health. I agree to pay all associated costs. I authorize the release of such child(ren)’s medical records and personal information by or to the Sierra Club, if necessary or useful for treatment, referral, billing, or insurance purposes. III. Team Sierra Fundraising Mission. My fundraising activity (if any) in support of the Sierra Club (my “Campaign”), and my use of the Site will be consistent with Sierra Club’s mission and values, and support its positive reputation in the community.
Materials. Any promotional materials I prepare for the Campaign, including, but not limited to, letters, brochures, flyers, emails, or postings, will clearly state that I am raising funds for the benefit of Sierra Club.
Use of Site. I will only use the Site to conduct Campaigns to benefit Sierra Club, consistent with this Agreement and the instructions on the Site. I will not use the Site in any illegal, untruthful, or objectionable manner, or for any commercial purpose or for compensation.
No Deductions. I acknowledge that Sierra Club is exempt from federal income tax under Section 501(c)(4) of the Internal Revenue Code, and that contributions to Sierra Club ARE NOT tax deductible. I will inform donors of that fact, including in all of my materials and communications.
Campaign Marks. I may receive access to certain downloadable marks (the “Campaign Marks”), such as Team Sierra™ and Benefitting Sierra Club™. The Campaign Marks are Sierra Club trademarks. I will only use them for the limited purpose of raising funds through my Campaign, in accordance with this Agreement. I will not alter the Campaign Marks in any way, and will comply with any rules Sierra Club provides regarding their use. I may use Sierra Club’s name (but not its official logo) for the sole purpose of informing people that I am raising funds for Sierra Club. Except as stated above, I may not, and will not display or use the Campaign Marks or any other Sierra Club names, logos, trademarks, service marks, or proprietary marking (collectively, “Sierra Club Marks”). The Sierra Club Marks include registered and unregistered trademarks in the United Statesand other countries.
Costs. I am solely and exclusively responsible for the planning and execution of my Campaign, including any and all costs and expenses. Sierra Club is not responsible for any expenses associated with my Campaign, and does not guarantee that I will recoup any of my expenses.
IV. General Terms Laws. I and my Campaign must comply with all local, state, and federal laws, including, but not limited to, laws regarding charitable fundraising and taxes. I am responsible for, and will pay any applicable taxes on, any gift, incentive, or other item that is sold or given to anyone in connection with my Campaign.
Waiver. I understand that everyone who participates in the Activity - including any friends and family I bring - must sign up on the Site and check the box to accept this Agreement. I will encourage my friends and family to do so prior to the Activity if possible.
Posted Terms. My use of the Site and my right to conduct Campaigns are subject to the Privacy Policy and Terms and Conditions of Use, and any other policies, guidelines, or instructions provided to me or posted on the Site. All of the foregoing documents are incorporated herein by reference. Sierra Club reserves the right to modify these documents, without notice. If I continue using the Site after any such modification, I am agreeing to abide by the updated documents.
Donations. I will request that donors make their contributions to my Campaign directly through the Site. If I collect donations other than through the Site, I will follow the procedures provided by Sierra Club; properly protect and account for the funds; and remit them to Sierra Club promptly, together with all donor-related information Sierra Club requires. All donor-related information I provide to Sierra Club is the exclusive property of Sierra Club.
Sponsors. If I wish to seek sponsors to provide either cash or in-kind support, I will first follow the sponsorship procedures on the Site, and obtain confirmation that my proposed sponsorship(s) will not conflict with Sierra Club’s existing sponsorship arrangements or standards.
Independence. I agree that nothing in this Agreement or on the Site creates or otherwise evidences a partnership, employment, agency, or other relationship between me and Sierra Club other than the right and license to conduct my own Campaign on the terms of this Agreement.
Participating Entity. If I am setting up my campaign on behalf of another organization, I am agreeing to the terms of this Agreement both on my own behalf and on behalf of the organization I’m representing.
Interpretation. This Agreement is intended to be as broad and inclusive in shielding, protecting, defending, and holding Sierra Club harmless as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.
Dispute Resolution. Any dispute whatsoever pertaining to this Agreement, the Campaign, or the Activity shall be resolved exclusively in Alameda County, California, under California law, without regard to any choice-of-law jurisprudence. The exclusive method of dispute resolution shall be binding arbitration, according to the then-existing commercial rules of the American Arbitration Association, without regard to the California Arbitration Act. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable.
Termination. Either party may terminate this Agreement at any time, with or without cause. Upon termination, I will promptly: stop using the Site and cease all Campaign-related activities, deliver any participant waivers, fundraising proceeds, records, and donor information I may have to Sierra Club, and provide Sierra Club with any other information it may reasonably request. I will stop using any Sierra Club Marks, and destroy any physical or digital materials bearing Sierra Club Mark(s). The following Sections will survive termination: Section I in its entirety (“Acknowledgment of Responsibility, Assumption of Risk, and Release of Liability”); Section II in its entirety (“Authorizations”); and the following subsections: III(F) (“Costs”), IV(A) “(Laws”), IV(D) (“Donations”), IV(H) (“Interpretation”), IV(I) (“Dispute Resolution”), and IV(J) (“Termination”).
Fundraiser Total
Current Group Total
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