2013 PARTICIPANT AGREEMENT

2013 PARTICIPANT AGREEMENT  (Download PDF Version)

I, ________________________________ (“Participant”), commit to participate in the 2013 Climb For Five climb of Mt Rainier, June 21-25^th 2013 (“Climb”) nonrefundable registration fee $500 (“Registration Fee”).

As further detailed in the “Registration Commitment” found at the climb for five website (www.climbforfive.com) (“Website”),  I agree  to fundraise or be personally responsible for $4,500 for cancer research through Climb For Five, which fundraising total includes the Registration Fee (“Fundraising Total”) payable to Climb For Five, a Nevada nonprofit Corporation (“C45”), with half of the Fundraising Total due to C45 by April 1, 2013 (“Midpoint Fundraising Deadline”), and the other half of the Fundraising Total due to C45 by June 10, 2013 (“Final Fundraising Deadline”).

The nonrefundable Registration Fee along with a signed “Participant Agreement,” is due at the time of registration with C45.  I understand that if I am unable to secure half of the Fundraising Total on or before the Midpoint Fundraising Deadline, or all of the Fundraising Total on or before the Final Fundraising Deadline, then I will be personally responsible for the remaining amount of the Fundraising Total, and authorize C45 to charge any remaining amount of the Fundraising Total to my credit card listed below.

If my fundraising surpasses the Fundraising Total on or before the “Refund Date”, as described in the attached Participant Terms and Conditions (“Terms and Conditions”), then I authorize C45 to credit any amounts charged to my credit card, other than the nonrefundable Registration Fee, on September 30, 2013, the scheduled “Refund Date”.

Credit Card Type:________

Credit Card Number: ____________________________________________________________

Expiration Date:_________

Name as it appears on the card:____________________________________________________

I agree to provide C45with another means of payment if C45is unable to make a charge of the remaining amount of the Midpoint Fundraising Total or the Fundraising Total to this credit card.

I understand that the Registration Fee only covers basic guide services as listed in “Basic Guide Services” on the Website and I agree to be responsible for all other costs associated with the Climb, including but not limited to training, clothes, equipment, food, transportation that  is not provided, and any expenses I incur over the Basic Guide Services.

WAIVER

I understand that mountaineering can be physically challenging and may expose me to dangers and risks of personal injury or death that cannot be anticipated or prevented. I assume the known safety risks posed by the Climb and related activities, including training. I acknowledge that I have read all of the “Climb Information” on the Website, verify that I have full knowledge of the risks involved, and confirm that I am in good health and am physically fit to participate in this Climb and training. I hereby release C45, RMI Guides, Inc., St Baldrick’s foundation and any Climb For Five sponsors and their agents, directors, employees, managers and volunteers from any and all claims, demands, or causes of action (including those relating to property damage, personal injury or death) arising from participation in the Climb and related activities, including training.

In addition, I grant permission for all of the foregoing to use any  photographs, motion pictures, recordings, or any other record of this event for any legitimate purpose. I understand that the guide services reserve the right to withdraw a climber’s eligibility should a team or individual’s safety be jeopardized (“Guide Service Cancellation”).

Climbers under the age of 18 must have written consent from a parent or guardian. As to Climb For Five, I agree that this Participant Agreement shall be governed by the laws of the State of Nevada.

CANCELLATION AND REFUND POLICY

Due to the costs associated with the Climb and the limited availability of climber spots, C45must adhere to a stringent cancellation and refund policy, as described in the attached “Climb Terms and Conditions “ (“Terms and Conditions”), incorporated herein by reference.

I have read this Participant Agreement, the attached Terms and Conditions, and the Registration Commitment on the Website and agree to the terms set forth therein.

Participant’s Name (Print) _______________________________________________________________

Participant’s Signature       ___________________________________________________________

Date_____________

IF PARTICIPANT IS UNDER THE AGE OF 18 AT THE TIME OF REGISTRATION:

Name of Parent or Legal Guardian of Participant (Print)____________________________________________________________________

Signature of Parent or Legal Guardian of Participant ___________________________________________________ Date_____________

 

CLIMB FOR FIVE® PARTICIPANT TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) will apply to each participant (“Participant”) of the 2013 CLIMB FOR FIVE® (“Event”) to  benefit the not for profit  (“C45”) that is described in the Participant Agreement. In order to protect C45’s name, marks and reputation, participation must be conducted in accordance with these Terms. Only Participants that agree to comply with  these Terms are permitted to use C45’s name and marks.

1. Fundraising on Behalf of C45.

1.1 These Terms together with the Participant Agreement to which they are attached (collectively “Agreement”) provide the basis of any dealings with C45in relation to the Event.  Unless separately defined in these Terms, or unless the context clearly indicates a different meaning, capitalized terms shall have the meaning specified in the Participant Agreement.

1.2 C45 cannot accept, and Participant agrees not to donate to C45, donations from donors or events affiliated with or directly sponsored by tobacco or liquor-related products, or companies who sell such products, or from any organization associated with terrorist activities or donations obtained by illegal means.

1.3 All donations for the Event are directed to C45’s childhood cancer research. Participant must promote the fact that donations for the Event will be directed for childhood cancer research at C45 in advance on all promotional materials (including Web-based, advertising, TV/radio, public relations materials).

1.4 If Participant elects to hold a fundraising event in addition to participating in the 2013 CLIMB FOR FIVE® Event, such as silent auction or bake sale to raise funds to benefit C45, then he/she must submit an “External Fundraising Event  Proposal And Agreement” to C45 and receive approval from C45 prior to any fundraising activity taking place.

2. Processing and Receipting of Donations.

2.1 All donations toward Fundraising Totals must be raised on or before the Midpoint and Final Fundraising Deadlines as detailed in the Participant Agreement.

2.2 All donations made payable to and received by C45 will receive a written acknowledgment from C45 acknowledging the donation for tax purposes. C45 will use the name and address received with the donation for purposes of the tax acknowledgment.

2.2 C45 can verify matching gifts only for donations received directly by C45 that are eligible to receive a tax acknowledgment from C45.

3. Use of C45’s Name and Marks.

3.1 The name “Climb For Five,” and its logos and other promotional materials or photographs relating to  C45 (including any that appear on its website, www.climbforfive.com), are trademarked and copyrighted materials (collectively “C45 Marks”). C45 Marks cannot be displayed, copied or used in any manner without prior written consent from C45.

Acceptance of the Agreement does not constitute consent to use C45 Marks except as provided in Section 3.4 below.

3.2 Consent to use C45 Marks is at the discretion of C45, is specifically detailed on the “2013 Participant C45” in the 2013 Climber Participant C45, and may be subsequently negotiated at the discretion of C45.

3.3 Use of C45 name is permitted under this Agreement, the name “Climb For Five” must always be used in its entirety. Participant has no rights to any C45 Marks or any combination or derivative of such C45 Marks, nor is Participant given the right to raise funds in the name of “Climb For Five” for any purpose other than those outlined in the Agreement accepted by C45.

3.4 Participant may state that the Event is to support Climb For Five childhood cancer research and fund grants to enable survivors to climb peaks with C45, or that proceeds from the Event benefit Climb For Five and St Baldrick’s childhood cancer research, but may not use any other C45 Marks unless agreed in writing by C45.

3.5 Any material (including Web-based, advertising, TV/radio, public relations materials)  upon which you propose to use C45 Marks must be submitted for approval prior to being printed or circulated. Requests to use any C45 Marks take at least seven (7) business days to process and may take longer depending on the circumstances.

4. Use of Participant Web Page

4.1 Subject to the Terms in this Agreement, C45 may provide to Participant a personal web page and associated blog/journal(“Participant Web Page”) to promote his/her participation in the Event.

4.2 C45 may use for any purpose, the text, personal information, names, images and other materials that Participant submits to the Participant Web Page. Participant confirms he/she owns or has rights to use these materials, and he/she has the authority to grant to C45 this permission.

4.3 C45 retains sole discretion to remove or disable a Participant Web Page at any time..

4.4 Participant has read and agrees to comply with C45’s Website Terms of Use and Privacy Policy, which apply to the Participant Web Page.

5. Cancellation and Refund Policy

5.1 Cancellation Policy

5.1.1 Cancellation on or before the Midpoint Fundraising Deadline:  If Participant wants to cancel his/her participation in the  Climb before the Midpoint Fundraising Deadline noted in the Participant Agreement, then Participant must sent notice of  cancellation to C45 by mail to the address in Section 5.1.5 below.  C45 will process cancellation notices received before the Midpoint Fundraising Deadline, and Participant will be responsible for half of the Fundraising Total, but will not be responsible for the final Fundraising Total. Any donations received up to the point of cancellation will support childhood cancer research at C45, regardless of the reason for cancellation.

5.1.2 No Cancellation after the Midpoint Fundraising Deadline:  After the Midpoint Fundraising Deadline noted in the Participant Agreement, there is no cancellation, and the Participant must raise the full Fundraising Total or have the remaining amount of the Fundraising Total charged to his/her credit card on file.

5.1.3 Cancellation In Case of Personal Injury: In the case of personal injury of Participant, Participant must send a cancellation notice and written doctor’s note or other related documentation (“Medical Documentation”) to C45 within two (2) weeks before the Date of Climb noted in the Participant Agreement, and the fundraising amounts due at the Midpoint Fundraising and Total Fundraising Deadlines must still be met.  Participant must send notice of cancellation and Medical Documentation to C45 by mail to the address in Section 5.1.5 below.  C45 may carry over a Participant’s eligibility to another climb or to the following year, in C45’s sole discretion. If granted by C45, the eligibility to climb is valid for one year only for the same peak. Should C45 allow Participant to carryover his or her eligibility to the following year, then he or she will not be able to compete for fundraising prizes for the following year.

5.1.4 Guide Service Cancellation: If, at any time, the guide service determines that a team or individual’s safety is jeopardized by a Participant, then the guide service may immediately withdraw Participant’s eligibility for the Climb. Under these circumstances of Guide Service Cancellation, the withdrawn Participant must still meet the fundraising amounts due at the Midpoint Fundraising and Total Fundraising Deadlines.  C45may carry over a Participant’s eligibility to the following year in C45’s sole discretion.

5.1.5 Cancellation Notice:  Participant must mail his/her notice of cancellation, and Medical Documentation if required, to:

Climb For Five
7201 W Lake Mead Ave
#108
Las Vegas, NV 89128

5.2 Refund Policy: C45 will process refunds only on September 30, 2013 (“Refund Date”) under the following circumstance: If Participant’s fundraising surpasses the Fundraising Total on or before the Refund Date, then C45 will credit any amounts charged to Participant’s credit card, other than the nonrefundable Registration Fee, on the Refund Date.