One Mission, Inc.
Application and Terms and Conditions of Participation on the One Mission
Boston Marathon Team, April 15, 2024
One Mission, Inc., a nonprofit corporation organized under the laws of Massachusetts (“One Mission”), is sponsoring a team in The Boston Marathon® presented by Bank of America to be held in Massachusetts on April 15, 2024 (the “Marathon”, and such team, the “Team”). Applicant desires to participate on the Team. To become a member of the Team, Applicant must complete and submit this Application as well as a noon-refundable Application fee of $100 which will be credited toward Applicant's fundraising commitment in the event that Applicant become a member of the Team. Applicant's membership on the Team requires One Mission's acceptance and approval of Applicant as a Team member. If One Mission selects Applicant for the Team, One Mission will notify by email and Applicant will have 48 hours from the time of notification to accept membership by reply email or other means approved by One Mission, and to set up an account with GivenGain at GivenGain.com, which will require Applicant to input Applicant's credit card information. In the event that Applicant has not taken such actions within 48 hours of One Mission's notice to Applicant of acceptance on the Team, One Mission reserves the right to withdraw its invitation to make Applicant a member of the Team. In the event Applicant is selected to become a member of the team, Applicant must also register with the Boston Athletic Association for the Boston Marathon through the designated registration link that will be sent to Applicant by One Mission. Applicant is responsible for Applicant's own Boston Marathon entry fee of $375, to be paid directly to the Boston Athletic Association. The $375 registration is not credited towards Applicant's fundraising commitment. All Boston Marathon registrations will go directly through One Mission and CharityTeams LLC using the link to be provided by One Mission. In consideration of being considered and/or selected for the Team, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Applicant agrees to the foregoing and to all the other terms and conditions of this Application.
Release: Applicant hereby waives and releases any and all claims for damages Applicant may have against One Mission and its officers, directors, employees, volunteers, consultants, sponsors and its and their affiliates (including, without limitation, CharityTeams LLC and Susan Hurley) (collectively the “One Mission Releasees”) for any and all injuries and illnesses (including, without limitation, COVID-19) suffered or sustained by Applicant which are in any way related to the Marathon, including, without limitation, resulting and/or related to training, planning sessions and travel. Applicant further hereby agrees to defend, indemnify and hold the One Mission Releasees harmless from any and all claims and/or actions. Applicant hereby agrees that the foregoing release by Applicant shall be binding upon Applicant’s heirs, executors, administrators and legal representatives. Applicant hereby attests and certifies that Applicant has the legal capacity to grant this release and does so freely, voluntarily, knowingly and irrevocably. Applicant further attests and certifies that Applicant is physically fit and will have sufficiently trained for the Marathon and that, at a reasonable time prior to the Marathon, Applicant’s qualified medical doctor shall verify to Applicant that his/her physical condition is suitable for participation in the Marathon.
Publicity Rights: Applicant hereby grants One Mission the irrevocable, perpetual right to use, in any manner, Applicant’s name, photograph, likeness and voice in broadcast, telecast, print and/or in any other account of or relating to the Marathon, and hereby waives (a) any right to receive compensation for such use and (b) any claim related to such use, including, without limitation, invasion of privacy and right to publicity claims.
Fundraising Minimum Requirement: In the event that Applicant is selected by One Mission for the Team; Applicant hereby acknowledges and agrees that Applicant, like each member of the One Mission Team, shall be required to raise a minimum of eleven thousand US dollars ($11,000.00)(two thousand five hundred US dollars [$2,500.00] for qualified runners) in fundraising form the Marathon (the “Minimum”). In furtherance of this fundraising requirement Minimum, Applicant shall create a GivenGain fundraising page on GivenGain.com, which shall require Applicant to input Applicant's credit card information. Instructions on creating a GivenGain fundraising page shall be sent to Applicant by One Mission at or about the same time Applicant is notified of being selected to be on the Team. That credit card will remain on file for the duration of Applicant’s fundraising and will be charged the remainder of the fundraising Minimum, if the required Minimum is not met by April 11, 2024. Many companies match employees' charitable contributions as matching gifts. Matching gifts from companies are credited to the fundraising efforts of Applicant, but DO NOT apply toward the Minimum to be raised by Applicant. Applicant shall contact the company or companies that commit to making a matching gift and provide all matching gift information to ensure that the gift is processed. Applicant shall turn over to One Mission all amounts collected as donations in connection with Applicant’s participation in the Marathon, and Applicant hereby agrees to be personally liable to One Mission for any shortfall, and hereby consents to One Mission/GivenGain charging any shortfall to Applicant’s credit card. In the event that Applicant fails to submit Applicant’s valid credit card, One Mission shall also have the right to revoke Applicant’s membership on the Team; provided, however, that such removal from the Team shall not relieve Applicant of Applicant’s obligations hereunder, including, without limitation, Applicant’s obligation of the Minimum for One Mission. Applicant hereby agrees not to raise any defense to any collection action taken by One Mission against Applicant following any failure by Applicant to pay any shortfall and/or failure to turn over all amounts collected by Applicant in connection with Team membership and/or participation in the Marathon. Applicant also hereby agrees that One Mission shall be entitled to an award of all costs of collection and reasonable attorney's fees in connection with any collection action. Applicant hereby acknowledges and agrees that Applicant shall be responsible for the Minimum whether or not Applicant ultimately runs in the Marathon, and that Applicant’s credit card shall be charged for any shortfall in achieving the Minimum. Applicant also understands and agrees that all donations are non-refundable, regardless of the circumstance, including, but not limited to, any cancellation of the Marathon.
COVID-19 Guidelines: Applicant agrees to comply with any and all regulations, guidelines or protocols related to COVID-19 issued by the local, state or federal government, the CDC, the Boston Athletic Association, One Mission or Charity Teams LLC, including, but not limited to PPE, testing and social distancing. Non-compliance may result in Applicant not being allowed to participate in training runs or Applicant’s removal from the Team.