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fundraising, registration, and release of liability agreement

I, the “Participant”, wish to participate in the 2017 Boston Marathon® Jimmy Fund Walk occurring on September 24, 2017 (the “Event”). I agree to collect the fundraising minimum (registration fee not included) of $300 ($100 for “Youth Participants” 12 years of age and younger on Event day) for the benefit of DFCI and to be personally responsible for the difference if I fail to collect the required funds. The deadline for receipt of the full fundraising minimum ($300, or $100 for Youth Participants) is October 16, 2017. I understand that the outstanding balance towards the minimum fundraising requirement will be charged to my credit card if I have not met this requirement by the deadline. If I choose to register as a virtual walker, I will not be held responsible for any fundraising obligation, nor will I be in physical attendance at the event on September 24, 2017. I acknowledge and agree that if the Event is cancelled or postponed to another date for any reason, all agreements, representations, warranties and attestations contained herein will apply with equal force to the Event and I will be obligated to submit the fundraising minimum.

If I register for the Event and then cancel by September 21, 2017, I will not be obligated to submit the fundraising minimum. After this date, I understand I will be responsible for the fundraising minimum whether I participate in the Event or not. The registration fee is non-refundable; any funds raised prior to cancellation will not be returned.

I represent and warrant that I am physically fit and healthy to participate in the Event, and that my participation is entirely voluntary, and that, on the day of the Event, I will participate in the Event only if I am physically fit and have adequately trained to do so. I agree to use good judgment in all aspects of my participation in the Event, to behave appropriately, and to comply with the rules for participation, if any.

I understand that participating in the Event exposes me to certain risks, which may include, but are not limited to, injury, illness, death, and damage to self and/or property, whether from exertion, weather conditions, the conditions of the course, vehicular traffic, and contact with other participants. I hereby assume and take full responsibility for any and all risk of harm, injury, illness, death, or damage to myself and/or my property that may occur in connection with my participation in the Event. Although route maps, rest stops, refreshments, and other assistance may be made available during the Event, I am solely responsible for my own health and safety. I certify that it is my responsibility to dress appropriately. I agree to stop and request assistance if I experience any symptoms such as, but not limited to, dizziness, excessive fatigue, shortness of breath, pain, or any other conditions which would make it difficult or unsafe to continue.

I hereby grant permission for photographs, videos, and other images (collectively, the “Images”) to be taken of me during the Event and assign all rights and interests to the Images to Dana-Farber Cancer Institute, Inc. (“DFCI”). I understand that the Images may be used by DFCI and/or its designees in connection with its advertising, promotional and marketing activities, and for other purposes authorized by DFCI, including, but not limited to, use in direct mail marketing, print advertising, posters, billboard advertising, and the internet; all without any compensation to me.

In consideration of my being permitted to participate in the Event, I hereby, for myself, and on behalf of my heirs, executors and assigns, waive, release and forever discharge DFCI, DFCI’s affiliates, DMSE, Inc., the Boston Athletic Association, all sponsoring businesses and organizations, each city and town along the Event route, and their respective officers, trustees, employees, sponsors, coordinating groups, volunteers, representatives and agents, and all others in any way associated with the Event (collectively, the “Released Parties”) from any and all liability, claims, damages, or rights of action of whatever nature or description, in equity or at law, present or future, resulting from or relating to my participation in the Event. This means that I will not sue DFCI or any of its affiliated persons or entities, or try to hold them legally or financially responsible, for any harm or injury that might relate to my taking part in the Event.

I hereby attest that by accepting this waiver/agreement and registering for the Event, I have read, fully understand, and agree without exception to all the provisions, releases, and waivers outlined in this Participant Agreement and General Release / Waiver form, and that I have agreed to it knowingly and voluntarily. I understand that this agreement is a legally binding document that limits the legal liability of the Released Parties. I attest, under penalty of fraud, that I am at least 18 years of age, and if I am registering on behalf of a minor, that I am the minor’s parent or legal guardian. Parents and legal guardians that wish to accompany a minor child along the Event route must individually register for the Event and commit to the minimum fundraising requirement per participant. This Release must be accepted prior to participation in the Event.
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