I wish to participate in the CancerCare Lung Cancer Walk for Hope (the “Event”).  I understand that my execution of this Waiver and Release of Liability (the “Waiver”) is a condition for my participation in the Event.  I further understand that there are risks and dangers inherent in participating in the Event. I attest that I am physically fit and sufficiently trained for the Event, as recently verified by a licensed physician, or otherwise agree to assume all risks and dangers inherent in participating in the Event and bear any and all costs related thereto or resulting therefrom.

In consideration for my participation in the Event, I hereby agree (A) to assume any and all risks, including, but not limited to, death, disability, injury, illness (including the risk of being exposed to, contracting, spreading, and/or personal injury from the novel coronavirus, COVID-19), property damage or property theft, arising out of or in any way relating to my participation in the Event (the “Risks”), and, (B) on behalf of myself and my survivors, heirs, estate, personal representatives, and assigns, not to sue and to release, indemnify and hold harmless CancerCare, Inc. (“CancerCare”) and its affiliates, divisions, assigns, successors, agents, servants, contractors, vendors, employees, volunteers, officers, trustees, and directors, past, present, and future (together with CancerCare, the “Released Parties”), from any and all claims, damages, injuries, liabilities, actions, or causes of action that I have or may ever have, even if caused by negligence or omissions on the part of any of the Released Parties, arising out of or in any way relating to the Risks and my participation in the Event, except for such harm as may result from the Released Parties’ gross negligence or willful misconduct.  I hereby also agree, on behalf of myself and my survivors, heirs, estate, personal representatives, and assigns, not to sue and to release, indemnify and hold harmless any agencies, sponsors and officials, including, but not limited to, participating communities and clubs and all government and public or quasi-public entities including, but not limited to, the state, county, and local municipalities where the Event takes place, from any and all claims, damages, injuries, liabilities, actions, or causes of action that I have or may ever have, unless they are caused by gross negligence or willful misconduct on the part of any of the entities aforementioned, arising out of or in any way relating to the Risks and my participation in the Event.

I acknowledge that rollerblades, baby joggers, and bicycles are strictly prohibited at the Event and agree not to make use of any rollerblades, baby joggers, and bicycles at the Event.

Further, I agree to grant CancerCare, and its assigns, licensees, legal representatives, contractors, agencies and sponsors, the irrevocable right to use and reproduce my photographs, video images, voice recordings, and likeness/appearance, taken or recorded at or in connection with the Event (any such photographs, video images, voice recordings, or likeness/appearance, the “Image”), in edited and unedited form without any restriction as to changes or alterations, for any lawful purposes related to the Event (including press releases or brochures about the Event), without further consideration or compensation.  I hereby irrevocably waive any right to inspect or approve any Image that may be used by CancerCare in connection with the Event and any right to any royalties or other compensation arising from or related to the use of such Image.

COVID-19 SAFETY INFORMATION:

I understand that the World Health Organization has declared COVID-19, to be a worldwide pandemic. I understand that COVID-19 is extremely contagious and is believed to be spread from person-to-person contact and/or by contact with contaminated surfaces and objects. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

While participating in events held or sponsored by CancerCare, consistent with guidelines recommended by the Centers for Disease Control and Prevention, participants are encouraged to practice hand hygiene, social distancing and wear face coverings to reduce the risks of exposure to COVID-19. I understand that CancerCare cannot guarantee that its participants, volunteers, partners, or others in attendance at the Event will be safe from exposure to, contracting, or spreading COVID-19 or other airborne illnesses such as colds and flus.

 In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in CancerCare events and/or other face to face fundraising activities. By attending a CancerCare event, you certify that you do not fall into any of the following categories:  

1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath, among others;
2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or  
3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment. 

I understand and agree that this Waiver is severable and that if any clause is found to be invalid, the rest of the Waiver will remain in effect and will be valid and enforceable.  I understand and agree that any action related to this Waiver will be subject to the exclusive jurisdiction of the courts in the State and County of New York.  I understand and agree that this Waiver shall be governed by and construed in accordance with the laws of the State of New York.

I hereby represent that I am at least 18 years of age and fully competent to sign this Waiver.  I have carefully read and fully understand all provisions of this Waiver and freely and knowingly assume the risk and waive my rights concerning liability as described above. I hereby consent to be bound by this Waiver.

MINORS

Additionally, this section to be read and signed by parent/legal guardian if one or more of the Participants included within your registration is a minor:

As the parent/legal guardian of one or more minor participant(s) in the Event (the “Minor”), I hereby execute this Waiver on behalf of the [above-named] Minor(s). In addition, I accept full responsibility for the care and supervision of the Minor(s) during the Event.