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SUPERHERO SPRINT

MARCH OF DIMES FOUNDATION-PARENT/GUARDIAN WAIVER, ASSUMPTION OF RISK, RELEASE AND CONSENT FOR CHILD/CHILDREN PARTICIPANT UNDER THE AGE OF 18 (the “WAIVER”)

Superhero Sprint is a kids “fun run” that puts the March of Dimes “mission in motion”. Open to children aged (approx.) 1 to 10 years old, and especially NICU graduates! Registration is free, Superhero Sprint participants will receive a purple March of Dimes cape, and the opportunity to run in the Superhero Sprint!

I, for myself and my child/children and in consideration of my child’s/children’s participation in the Event described above (“Event”), do hereby acknowledge and agree as follows:

Acknowledgment and Assumption of Inherent and Other Risks: By checking the box on the online Superhero Sprint Registration Form indicating my electronic signature, for myself and my child/children (including any listed participant child/children), acknowledge and agree that March of Dimes is not providing me or my child/children with insurance or legal advice. I acknowledge that this activity may carry inherent risks. I am signing as the parent of a minor participant and give my permission for my child/children to participate and I accept and assume full responsibility for any risk of injury, death or loss suffered by my child/children on account of his/her or their participation in the Event.

Release & Indemnity: By checking the box on the online registration form indicating my electronic signature, for myself and on behalf of my participating child/children, I agree to release, and not to sue, March of Dimes a New York Not-for-profit corporation, its chapters, affiliates, officers, directors, employees, volunteers, leaders, and advisors (collectively “March of Dimes”) with respect to any and all claims for any injury, damage, death, or other loss in any way connected with my child’s/children’s participation in the activities. I understand that I am agreeing to waive all claims I (or my child/children) may have against March of Dimes (including negligence), and agree that neither I (nor my child/children, nor anyone purporting to act on behalf of me or my child/children) may make any claims against March of Dimes as a result of any injury, damage, death or other loss suffered by me (or my child/children); and further, that on behalf of myself and my participating child/children I agree to defend and indemnify (meaning protect and compensate) March of Dimes with respect to any and all claims: 1) brought by or on behalf of me (or my child/children), or by or on behalf of any other person (including family members) for any injury, damage, death, or other loss suffered by my child/children in connection with my child’s/children’s participation in the activities; or 2) brought by any person for any injury, damage, death, or other loss to the extent caused by my child/children.

Images/Consent. I grant to March of Dimes or its designees, the irrevocable right and permission to photograph, film, record, and otherwise capture my participating child’s/children’s name, image, voice, statement, photograph, or likeness (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, or for informational, educational, promotional, or other purposes), without compensation to me or my child/children. I agree that March of Dimes owns its own respective recordings and all copyrights in them. I waive any inspection or approval rights.

Other Provisions. I (for myself and on behalf of my participating child/children) agree:

• I authorize March of Dimes, the Event Organizer(s), medical personnel, or others to obtain or provide medical care for my child/children, to transport my child/children to a medical facility, and to provide treatment they consider advisable for my child’s/children’s health. I agree to pay all associated costs. I authorize the release of my child’s/children’s medical records and personal information by or to the Event Organizer(s) and March of Dimes, if necessary or useful for treatment, referral, billing, or insurance purposes.
• I am signing this Waiver, Assumption of the Risk, Release and Consent as a parent or guardian, and if my parental status or authorization to sign on my child’s/children’s behalf is challenged or found invalid, I will not sue, and will indemnify and defend, March of Dimes to the fullest extent allowed by law and this agreement, just as if I were the participant’s parent or guardian. I will also indemnify and defend March of Dimes against any claims, by any person or agency, that takes the position that my signature was not effective.
• This document is intended to be interpreted and enforced to the greatest extent allowed by law. If any portion of this document is deemed unlawful or unenforceable, it shall not affect the enforceability of the remaining provisions, which shall continue in full force and effect.

I represent and warrant that I am the Parent and/or Guardian of the child or children listed on the Superhero Sprint Registration Form, with authority to sign this Waiver on his/her or their behalf. I have carefully read and fully understand the terms of this Waiver, and voluntarily sign this document and acknowledge that it shall be effective and legally binding on me, my participating child or children, and my child’s or children’s family members, heirs, executors, representatives, insurers, assigns, and estate. I understand that I am giving up substantial rights, including the right to sue the March of Dimes Foundation and all other parties identified under this Waiver, Assumption of Risk, Indemnity and Consent. I hereby provide a complete and unconditional release of all liability to the greatest extent allowed by law.