Starlight Children’s Foundation, a nonprofit public benefit corporation (“STARLIGHT,” “we,” “us”), provides the www.STARLIGHT.org
BY CLICKING THE “I ACCEPT" BUTTON LOCATED ON THIS PAGE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS STARLIGHT FAMILY MEMBERSHIP AGREEMENT AND PUBLICITY CONSENT AND RELEASE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS YOU SHALL NOT BE ALLOWED TO SUBMIT YOUR APPLICATION.
The following agreement will remain in force and effect and may be relied on by Starlight Children's Foundation ("Starlight") until such time as I notify Starlight in writing to the contrary.
1. Participation in Starlight events and activities: I, as a participant in Starlight events and activities or as a parent or legal guardian of a participant under 18 years of age, understand that participation is voluntary and any injuries that are sustained to my person and/or property, including but not limited to personal injuries, including death, theft, and/or damage to my property while participating in any and all activities associated with Starlight, shall be my sole responsibility.
2. Permission to Disclose Medical Condition: I grant Starlight the right to disclose the nature of my or my minor child/ward's (as applicable) medical condition to the extent necessary or desirable in the preparation, fulfillment and execution of all activities associated with Starlight.
3. Release, Waiver, and Indemnity: The undersigned irrevocably, waives, releases and discharges and all claims that I (and my child if I am the legal parent or guardian) now has/have or may, in the future, have against Starlight, its affiliates and each of their respective officers, directors, members, employees, agents, representatives and their respective successors, or assigns (the "Starlight Releasees"), including any and all claims for damage or personal injury, whether or not caused by the negligence of any of them, arising our of our relating to this Agreement (including, without limitation, any participation in Starlight activities or any related function, together with any costs, including attorneys' fees, incurred as a result of such a claim ("Released Matters"). This release has been executed voluntarily and knowingly and extends to all claims against the Starlight Releasees, whether or not known.
The undersigned agrees to indemnify and hold harmless the Starlight Releasees against any and all claims, demands, or causes of action that I (and/or my child if I am a parent or guardian) or any one or more of my or our executors with the Released Matters, and against any costs and expenses, including attorneys' fees, with respect thereto. Such indemnification will extend to any claim asserted by others against me (and my child if the I am a parent or guardian) that also names the Starlight Releasees.
4. Representations and Warranties: I, as a participant in Starlight activities, or as a parent or legal guardian of a participant under 18 years of age, make the following representations and warranties to Starlight: (a) I have made a true and full disclosure of my, or my minor child/ward's (as applicable) medical condition to Starlight; (b) in requesting Starlight to allow myself or my minor child/ward to voluntarily participate in Starlight events and activities, I am not relying upon nor have I received counsel or advice from Starlight with respect to the advisability of or the risks attendant to the Great Escapes event or activity.
5. Governing Law: This Agreement shall be governed by California law without regard to conflict of laws provisions.
6. Grant of Right of Publicity: I hereby irrevocably grant to Starlight Children's Foundation ("Starlight") and its licensees, successors and assigns, the right, license and privilege to use my name, and the names of the individuals referenced in my submission, including minor children, (as the parent or legal guardian legally permitted to consent on their behalf), the likeness, voice, performance, essays, personal story, personal characteristics, photograph and biography, in whole or in part, throughout the universe, in all formats and media now known or hereafter devised, in such manner as Starlight shall deem appropriate for the purpose of promoting, advertising and publicizing Starlight and its charitable activities for all listed family members voluntarily provided through this Site to Starlight in applications. I hereby release and agree to indemnify Starlight and its licensees, affiliates, successors and assigns, from and against any and all liability, costs and expenses, including reasonable attorneys' fees, arising out of the exercise of the rights granted hereby. In no event shall I have any right to seek or obtain injunctive or other equitable relief with respect to Starlight. The parties submit any disputes arising out of our relates to this Publicity Consent and Release cannot be terminated, rescinded, or amended hereafter except by written agreement. this Publicity Consent and Release shall be exclusively governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles.