Good Neighbor Day America Serve Event Host Release of Liability, Media, Brand License & Data Consent
This Serve Event Host Agreement (the “Agreement”) is entered into by the undersigned organization (the “Serve Event Host”) in connection with its application to host, sponsor, promote, or participate in one or more official Good Neighbor Day America Serve Events (each, a “Serve Event”).
This Agreement is entered into for the benefit of Love Has No Limits, Inc., Good Neighbor Tech, Inc., CityServe USA, and Good Neighbor Day America, together with their respective officers, directors, employees, agents, contractors, volunteers, affiliates, successors, and assigns (collectively, the “Released Parties”). Good Neighbor Day America is a co-branded campaign administered in collaboration with such organizations, and use of Good Neighbor Day America brand assets is subject to this Agreement and any applicable brand guidelines.
1. ROLE OF SERVE EVENT HOST
The Serve Event Host acknowledges that it is an independent organization that voluntarily elects to host, sponsor, promote, or participate in a Serve Event under the Good Neighbor Day America campaign.
Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the Serve Event Host and any of the Released Parties. For clarity, any use of the term “partner” or similar terminology is for promotional and mission-related purposes only and does not create a legal partnership or other similar legal relationship.
2. ASSUMPTION OF RESPONSIBILITY & RISK
The Serve Event Host acknowledges and agrees that it is solely responsible for:
a. The planning, operation, supervision, and execution of its Serve Event(s);
b. The safety, conduct, and supervision of its volunteers, employees, leaders, contractors, attendees, and participants; and,
c. Compliance with all applicable laws, regulations, permits, safety requirements, and insurance obligations.
The Serve Event Host assumes all risks associated with hosting or participating in a Serve Event, including risks of personal injury, illness, property damage, financial loss, or death arising from or related to the Serve Event.
3. RELEASE OF LIABILITY & WAIVER OF CLAIMS
To the fullest extent permitted by applicable law, the Serve Event Host hereby releases, waives, and forever discharges the Released Parties from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses of any kind, whether direct or indirect, known or unknown, arising out of or related to:
a. The planning, promotion, hosting, or execution of any Serve Event;
b. Any incident, injury, illness, death, or property damage occurring at or in connection with a Serve Event; and,
c. Any expenses, losses, or damages incurred by the Serve Event Host or its participants
This release includes claims arising from the ordinary negligence of the Released Parties, but does not apply to claims that cannot be waived under applicable law.
4. MEDIA, PUBLIC INFORMATION & CONTENT RIGHTS
The Serve Event Host grants the Released Parties the irrevocable right to:
a. Publish, display, distribute, promote, and publicize information about the Serve Event Host and its Serve Event(s), including event name, location, date, description, leaders, activities, and outcomes; and,
- Publish photos, videos, audio recordings, testimonials, statistics, and other media captured in connection with the Serve Event.
The Serve Event Host acknowledges and agrees that:
a. All such content may be used for promotional, marketing, educational, reporting, and informational purposes;
b. The Serve Event Host waives any claim to royalties, profits, or compensation arising from the publication or use of such content; and,
c. The Released Parties have no obligation to use or continue using any submitted content
5. BRAND & LOGO LICENSE
Subject to this Agreement and any applicable brand guidelines or instructions, the Serve Event Host is granted a limited, non-exclusive, non-transferable, revocable license to use the Good Neighbor Day America name, logo, and approved campaign materials solely to promote and conduct its approved Serve Event(s). The Serve Event Host may not modify such materials or use them for any other purpose without prior written approval.
The Serve Event Host grants the Released Parties a non-exclusive, royalty-free, worldwide license to use the Serve Event Host’s name, logo, trademarks, and brand assets solely in connection with: (a) the promotion, marketing, and reporting of Good Neighbor Day America and future Good Neighbor Day events in which the Serve Event Host participates or is referenced as a past participant; and (b) Serve Event listings, maps, websites, emails, social media, and campaign materials.
As between the parties, the Serve Event Host retains ownership of its own name, logo, trademarks, and brand assets, and Love Has No Limits, Inc. retains ownership of the Good Neighbor Day America name, logo, trademarks, and related brand assets. No ownership rights are transferred under this Agreement. The Serve Event Host represents that it has the authority to grant the license described in this Section and agrees to comply with any applicable brand guidelines governing use of Good Neighbor Day America brand assets.
6. PLATFORM RIGHTS & EVENT MODERATION
The Serve Event Host acknowledges and agrees that the Released Parties reserve the sole and absolute right to:
a. Approve, deny, edit, modify, suspend, or remove any Serve Event listing;
b. Edit or remove submitted descriptions, images, titles, or other event details; and,
c. Remove Serve Events or Serve Event Host information from the GoodNeighborDayAmerica.com website at any time, with or without notice.
The Serve Event Host acknowledges that event publication is not guaranteed.
7. DATA SHARING & REPORTING CONSENT
The Serve Event Host grants permission for Serve Event and organizational information to be shared with campaign affiliates, including Love Has No Limits, Inc., CityServe USA
This information may be used for reporting, coordination, campaign measurement, and charitable impact purposes.
8. INDEMNIFICATION
To the fullest extent permitted by law, the Serve Event Host agrees to indemnify, defend, and hold harmless the Released Parties from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:
a. The Serve Event Host’s Serve Event(s)
b. The acts or omissions of the Serve Event Host or its participants
c. Any breach of this Agreement
9. GOVERNING LAW & VENUE
This Agreement shall be governed by the laws of the state in which the Serve Event takes place, without regard to conflict-of-law principles. Any legal action arising from this Agreement shall be brought in a court of competent jurisdiction located in that state.
10. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
11. AUTHORITY & ACCEPTANCE
The undersigned represents and warrants that they are authorized to bind the Serve Event Host to this Agreement.
The Serve Event Host further agrees that this Agreement may be presented and accepted electronically, and that the electronic signature, checkbox acceptance, click-to-accept, or other electronic manifestation of assent of its authorized representative shall constitute a legally binding signature with the same force and effect as a handwritten signature.