Saturday, April 6, 2019 at 07:00 AM
FUNDRAISING AGREEMENT AND WAIVER & RELEASE OF LIABILITY
PLEASE REVIEW THIS DOCUMENT CAREFULLY.
It includes a fundraising commitment. DO NOT agree to this document unless you have read and understood it in its entirety. By agreeing, you acknowledge that you have both read and understood the text presented to you. When you sign below by clicking “I AGREE,” you understand and agree to the terms below and agree to abide by them in connection with the Dolphins Cancer Challenge Bike Ride and/or 5k Run-Walk, which are currently scheduled for February 20, 2016 (collectively, the “Event”). Your ability to participate in the Event is subject to your acceptance of the terms of this fundraising agreement (the “Agreement”), and by clicking “I AGREE” below, you accept and agree to the terms of the Agreement, including the fundraising commitment and other provisions.
IMPORTANT: Please note that applicable credit card charges will appear on your credit card statement as “Dolphins Cancer Challenge.”
You need to complete ONE FUNDRAISING AGREEMENT PER PERSON.
I wish to participate in the Event, which is hosted by Dolphins Cycling Challenge, Inc. (“DCC”). Therefore, for good and valuable consideration – including the right to participate in the Event – the receipt of which is hereby acknowledged, I agree as follows:
Fundraising Commitment. I understand and agree that, in consideration of my participation in the Event, I am committing to pay the following applicable registration fees: (a) $150.00 for any and all cycling segments of the Event (b) $50.00 for the 5K segment of the Event, and/or (c) $25.00 to participate as a “Virtual Rider”. I am also committing to raise a certain amount of money for DCC, which amount depends upon the particular segment of the Event for which I register (the “Fundraising Minimum”). I further understand that IF I DO NOT REACH MY FUNDRAISING MINIMUM BY THE FUNDRAISING DEADLINE OF MARCH 31, 2016, I WILL BE PERSONALLY RESPONSIBLE FOR THE OUTSTANDING BALANCE REMAINING IN ORDER TO REACH MY FUNDRAISING MINIMUM, and I hereby expressly authorize DCC and/or its designees to charge the credit card I provide during Event registration in the amount of said outstanding balance at any time after April 1, 2016. In the event that my credit card is declined or a charge-back is issued, I agree to be personally liable for payment of the applicable outstanding balance. I further agree that I will not dispute or otherwise attempt to said credit card charge unless I can prove that the charge does not accurately reflect the total amount of the outstanding balance I owe to satisfy my Fundraising Minimum. In the event I believe I can prove that the charge to my credit card does not accurately reflect the amount I owe to reach my Fundraising Minimum, I agree that I will speak to a DCC representative before I initiate any formal activity to dispute or cancel the charge through my credit card company or bank. I also agree to keep valid and effective credit card information on file at all times after I register for the Event and agree to promptly respond to any request by DCC to update my credit card information, if reasonably necessary. I agree that, even if I fail to keep valid and effective credit card information on file, I am still obligated to reach my Fundraising Minimum if there is an outstanding balance after the fundraising deadline has passed, and I will promptly respond to DCC’s request to satisfy any such outstanding balance.
Segment Change Requests. If I am participating in a cycling segment of the Event, I understand that once I complete this form and select segments, I understand that I have until January 15, 2016 to request a segment change by calling 305-943-6799 without incurring an additional charge. I understand that: (a) there is no guarantee that my segment change request(s) will be granted, (b) all segment change requests will be processed at DCC’s sole discretion and are subject to availability, (c) segments and the date(s) of the Event are subject to change and/or cancellation at the sole discretion of DCC.
ANY SEGMENT CHANGE REQUESTS SUBMITTED ON OR AFTER JANUARY 16, 2016 WILL REQUIRE THE PAYMENT OF A $25.00 LATE-CHANGE PROCESSING FEE, BUT ONLY IF SUCH REQUESTS CAN BE ACCOMODATED.
Segments and Fundraising Minimums: I understand that the various Event segments and their corresponding Fundraising Minimums are as follows, provided, however, that segment start locations, finish locations, and mileage are all subject to change at any time in DCC’s sole and absolute discretion and that NO REFUNDS WILL BE PROVIDED IN THE EVENT OF SUCH CHANGES. I further understand and agree that I cannot participate in more than one (1) segment. For more information on the various segments, visit http://ridedcc.com/
Cycling Segments and Fundraising Minimums:
5K Run/Walk Segment and Fundraising Minimum:
Virtual Rider Fundraising Minimum:
Heavy Hitter Fundraising Minimum:
Notwithstanding any other provision of this agreement, including the Fundraising Minimums set forth above, I understand and agree that if I check the box that says “I commit to being a Heavy Hitter for DCC VI” during the Event registration process, that I am irrevocably committing to a Fundraising Minimum of $2500 (“Heavy Hitter Fundraising Minimum”). I acknowledge and agree that DCC is reasonably relying upon such representation, that DCC will provide me with certain benefits in reliance upon such representation, and that if I fail to meet the Heavy Hitter Fundraising Minimum by March 31, 2016, that I authorize DCC to charge my credit card on or after April 1, 2016 in an amount equal to the difference between: (a) the amount I have raised by March 31, 2016 and (b) the Heavy Hitter Fundraising Minimum (such difference, the “Heavy Hitter Shortfall”). In the event that my credit card is declined or a charge-back is issued, I agree to be personally liable for payment of the Heavy Hitter Shortfall.
I understand that the DCC may, in its sole discretion, relieve me of the fundraising obligations set forth above if I withdraw from the Event on or before December 31, 2015 at 5:00 p.m. ET. However, I acknowledge and agree that: (a) any registration fee(s) is non-refundable, (b) the privilege to participate in the Event is non-transferable and will be revoked if any transfer or assignment is attempted or if this Agreement is otherwise breached, (c) donations made by myself or third parties in connection with my Event registration will not be refunded in any circumstance.
I HEREBY AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, AM OF SOUND MIND AND BODY, AND HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I FURTHER AFFIRM MY UNDERSTANDING THAT, BY CLICKING “I AGREE,” I INTEND FOR MYSELF TO BE BOUND BY THIS AGREEMENT TO THE FULLEST EXTENT ALLOWED BY SUBSTANTIVE FLORIDA LAW, WHICH SHALL GOVERN THIS AGREEMENT, INCLUDING ITS INTERPRETATION AND ENFORCEMENT. I AGREE THAT THIS FUNDRAISING AGREEMENT IS IN ADDITION TO AND WILL NOT BE SUPERSEDED BY ANY OTHER AGREEMENTS I MAY SIGN IN CONNECTION WITH THE EVENT, UNLESS SUCH OTHER AGREEMENTS EXPRESSLY AND UNAMBIGUOUSLY STATE THAT THEY SUPERSEDE THIS FUNDRAISING AGREEMENT.
BY CHECKING THIS BOX, I HEREBY GIVE THE ELECTRONIC EQUIVALENT OF MY SIGNATURE AND CONFIRM THAT I HAVE READ AND AGREED TO THE FUNDRAISING AGREEMENT AND AGREE TO PAY ANY CREDIT OR DEBIT CARD CHARGES MADE PURSUANT TO THIS AGREEMENT IN ACCORDANCE WITH THE TERMS OF ANY APPLICABLE CARDMEMBER AGREEMENTS. I FURTHER AFFIRM THAT BY CLICKING “I AGREE,” I INTEND FOR MYSELF TO BE BOUND BY THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
WAIVER & RELEASE OF LIABILITY
PLEASE REVIEW THIS DOCUMENT CAREFULLY. It includes a release of liability and waiver of legal rights, including the right to sue certain parties. DO NOT agree to this document unless you have read and understood it in its entirety. By agreeing, you acknowledge that you have both read and understood the text presented to you. When you sign below by clicking “I AGREE,” you understand and agree that events like the Dolphins Cancer Challenge Bike Ride and/or 5k Run-Walk, which are currently scheduled for February 20, 2016, and their associated parties, training rides, registration events, pre- and post-ride/walk/run events, Releasee events, and all other events under the “Dolphins Cycling Challenge”, “DCC”, and/or “Dolphins Cancer Challenge” names (collectively, the “DCC Events”), carry certain inherent dangers and risks which may or may not be readily foreseeable, including, without limitation, personal injury, property damage or death. Your ability to participate in the DCC Events is subject to your agreement to the terms of this release of liability and waiver (the “Release”), and by clicking “I AGREE” below, you accept and agree to the terms of the Release, including the release of liability and waiver of legal rights provisions.
You need to complete ONE WAIVER PER PERSON.
I wish to participate in the DCC Events, which are hosted by Dolphins Cycling Challenge, Inc. (“DCC”) and/or certain Releasees (as defined below) or Providers (as defined below). Therefore, for good and valuable consideration – including the right to participate in the DCC Events – the receipt of which is hereby acknowledged, I agree as follows:
I HEREBY AFFIRM THAT I HAVE READ THIS AGREEMENT, AND THAT I FULLY UNDERSTAND ITS TERMS. I FURTHER AFFIRM MY UNDERSTANDING THAT, BY SIGNING THIS AGREEMENT, I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND THAT I INTEND BY MY SIGNING THIS AGREEMENT TO BE BOUND BY THIS AGREEMENT TO THE FULLEST EXTENT ALLOWED BY LAW.
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