The undersigned represents and warrants that he/she (hereinafter referred to as “Applicant”) is fully authorized to enter into this Third Party Fundraising Liability Release Agreement (this “Agreement”) and agrees to be bound by all of the terms and conditions stated herein when conducting fundraising activities/events (each, a “Third Party Fundraiser”) to benefit Stand Up To Cancer (“SU2C”), a division of the Entertainment Industry Foundation (“EIF”), a 501(c)(3) charitable organization (“SU2C/EIF”).
1. Financial. Applicant is solely responsible for the development and execution of the proposed Third Party Fundraiser and for any and all debts, costs, or expenses relating to the proposed Third Party Fundraiser. Applicant acknowledges and agrees that it shall not, and is not authorized to, obligate or bind SU2C/EIF in any manner whatsoever for any debt, cost, or expense related to such Third Party Fundraiser. SU2C/EIF will not provide staff support for the proposed Third Party Fundraiser. Applicant will be responsible for recruiting staff or volunteers to produce and work the proposed Third Party Fundraiser.
2. Bank Account. Applicant will not open any bank accounts using SU2C’s or EIF’s name or Taxpayer Identification Number. Applicant agrees to forward any check donations listing SU2C or EIF as the “Payee” to SU2C/EIF for deposit in a SU2C/EIF bank account.
3. Deductibility. Only donations made directly to SU2C/EIF are tax deductible (to the extent permitted by law). Donations made directly to SU2C/EIF via authorized online fundraiser platforms, such as Fundraise Up, may be reduced by applicable fees as provided by such platforms. SU2C/EIF will only issue substantiation receipts for donations made directly to SU2C/EIF, such as checks made payable to SU2C/EIF or online gifts. For the sake of clarity, SU2C/EIF will not issue substantiation receipts for purchases made at auction. Donations made directly to Applicant or a Third Party Fundraiser can be used to cover event expenses but SU2C/EIF makes no representations as to the status of such donations for federal, state, or local tax purposes, including qualification as tax-deductible charitable contributions.
4. Insurance and Licenses. If Applicant is conducting a physical or virtual event in connection with their fundraising activities, Applicant is responsible for providing insurance as required by law or established business practice. Please note that SU2C/EIF’s insurance policy does not cover Third Party Fundraisers. Applicant is responsible for obtaining any necessary licenses, permits and clearances as required by local and state government, and for complying with all applicable laws.
5. Liability and Indemnity. Applicant hereby fully releases and agrees to indemnify and hold harmless SU2C/EIF and its employees, officers, directors, volunteers, representatives, agents, contractors, and licensees, together with their insurers, from and against any and all causes of actions, liabilities, claims, losses, charges, damages, costs or expenses, including reasonable attorney’s fees, arising out of or occasioned (a) by any act or omission of Applicant or Third Party Fundraiser organizer, or their officers, partners, employees, agents, volunteers, contractors, licensees, guests, invitees, or attendees, in connection with the Third Party Fundraiser; and/or (b) by any breach of any provision of this Agreement.
6. Event Safety. SU2C/EIF is not responsible for the safety of Third Party Fundraiser participants or attendees. It is the Applicant’s responsibility to ensure the safety of all Third Party Fundraiser participants and attendees, especially minors. If the Third Party Fundraiser poses any potential risk to the health or safety of a participant or attendee, e.g., walkathon, marathon, triathlon, Applicant shall obtain a written and signed waiver of liability releasing SU2C/EIF from any claim for liability from each participant or attendee as a condition of participating in or attending the Third Party Fundraiser.
7. Promotion. It is Applicant’s responsibility to promote the Third Party Fundraiser. SU2C/EIF has no obligation to promote or advertise the Third Party Fundraiser, and generally will not promote or advertise Third Party Fundraisers, except as mutually agreed upon in writing. Applicant agrees to submit any and all promotional materials including, but not limited to, publicity, advertising, and press releases, to SU2C/EIF for its approval before any such materials are published, distributed, disseminated, or circulated in any manner. All promotions for the Third Party Fundraiser should make clear that the Third Party Fundraiser is hosted by Applicant and that SU2C/EIF is the beneficiary, and may not state or imply that SU2C/EIF is host or sponsor of the Third Party Fundraiser. For purposes of compliance with U.S. state fundraising regulations and Better Business Bureau disclosure requirements, all promotional material shall include: (a) the actual or anticipated portion of the sales, admission price, or other proceeds that will benefit SU2C/EIF, (b) any maximum or minimum to be paid to SU2C/EIF, if applicable, and (c) the duration of any promotion.
8. Logo and Trademarks. All SU2C/EIF trademarks are proprietary and may not be used without the prior, written express permission of SU2C/EIF. Applicant shall not use SU2C’s, EIF’s, or any of SU2C/EIF’s projects’ or programs’ names, logos or marks (the “Marks”), or otherwise indicate to the public that a Third Party Fundraiser is being held for the benefit of SU2C/EIF in any materials, without the express, written approval of SU2C/EIF. SU2C/EIF reserves the right to refuse or withdraw permission for the use of the Marks at any time. Applicant grants SU2C/EIF permission to use Applicant’s name and trademarks on SU2C/EIF’s promotional materials, provided that SU2C/EIF’s use of Applicant’s name or trademark does not constitute endorsement of Applicant or Applicant’s promotional activities. Applicant may not create SU2C or EIF merchandise or products bearing the Marks without SU2C/EIF’s prior written consent, and may not sell SU2C-branded merchandise in connection with any Third Party Fundraiser under any circumstance.
9. No Lotteries or Raffles. Lotteries, gambling, raffles, or drawings are not permitted at Third Party Fundraisers under any circumstance.
10. Auctions. Auctions are not permitted at Third Party Fundraisers without SU2C/EIF’s prior written consent.
11. Annual Approval. Applicants planning annual events should obtain approval from SU2C/EIF each year.
12. No Endorsement. It is mutually understood that (a) SU2C/EIF is a tax-exempt entity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and that nothing herein shall impose any obligations for SU2C/EIF that are unrelated to its charitable purpose or that would subject any payments made to SU2C/EIF under this Agreement to tax as income from a business activity unrelated to said charitable purpose, including but not limited to endorsing any commercial product or entity; and (b) all activities associated with promoting the Third Party Fundraiser shall make clear to the public that use of the Marks is by permission and does not constitute endorsement.
13. Financial Summary Submissions. Upon request of SU2C/EIF, Applicant shall submit to SU2C/EIF a detailed financial summary of the Third Party Fundraiser which shall include a list of all revenues received and a detailed breakdown of all expenses. Applicant should retain all receipts for documentation purposes.
14. Donation Submission. Applicant agrees that it will deliver net proceeds raised from the Third Party Fundraiser to EIF within thirty (30) days of the Third Party Fundraiser’s conclusion. Please make checks payable to Stand Up To Cancer and mail to Stand Up To Cancer, 10880 Wilshire Blvd, Suite 1400, Los Angeles, CA 90024. Please include the SU2C Check Donation Form provided in the SU2C Fundraiser Online Toolkit with any checks.