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DONNA DIY Fundraiser

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Monday July 11, 2022 - Friday June 30, 2023

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Waiver

FUNDRAISER AGREEMENT

The DONNA Foundation, Inc. (“DONNA”) is a Florida not for profit corporation recognized as tax-exempt under IRC § 501(c)(3).  The mission of DONNA is to provide financial assistance and support to those living with breast cancer and fund ground breaking breast cancer research. All donations, contributions and royalty payments made payable to DONNA are fully tax deductible for federal income tax purposes.

By accepting this waiver, as a fundraiser (the “Event Organizing Group”) you agree to the terms and conditions set forth herein.

  1. Nothing in this Agreement creates a joint venture, partnership, principal-agent, employer-employee or similar relationship between DONNA and the Event Organizing Group, or any members of the Event Organizing Group.  Event Organizing Group shall comply with all applicable federal, state and local laws and regulations relating to charitable solicitations and promotions and tax obligations.  This Agreement represents the entire understanding of the parties and cannot be amended or modified, except in writing and signed by both parties hereto.  

  2. Event Organizing Group agrees that it acquires no ownership rights in DONNA’s Trademarks under the terms and conditions of this Agreement.  Event Organizing Group agrees that DONNA is the sole owner of all right, title and interest in and to DONNA’s Trademarks and that all rights that may be acquired by the use of DONNA’s Trademark(s) under the terms and conditions of this Agreement shall inure to the sole benefit of DONNA.  Event Organizing Group agrees to use the name and logo in accordance with the charitable nature of DONNA.

    Event Organizing Group agrees that it will not challenge or otherwise interfere with DONNA’s exclusive ownership of DONNA’s Trademarks, nor seek to oppose, cancel or otherwise interfere with any trademark, service mark, trade name or domain name application or registration filed by DONNA with any governmental agency anywhere in the world, for use in connection with any events, goods or services whatsoever.

    Event Organizing Group agrees that it will not file any application to register any of DONNA’s Trademarks, or any derivations thereof, as a trademark, service mark, trade name or domain name, with any governmental agency anywhere in the world, for use in connection with any events, goods or services whatsoever.

  3. DONNA hereby grants the Event Organizing Group a limited, non-exclusive right to use the name “DONNA” and DONNA supplied materials featuring DONNA’s logo (collectively, “DONNA’s Trademarks”) in promotional materials related to the Fundraiser.  DONNA reserves the right to revoke and refuse the use of the DONNA name, materials and trademarks at any time and for any reason.

  4. All collateral, promotional and marketing materials including, but not limited to social media (“Marketing Materials”), relating to the Fundraiser must meet the following standards: (a) This phrase shall appear conspicuously on entry forms or other material received by every participant, observer, or donor of the Fundraiser: “This promotion is sponsored by the Event Organizing Group, which is solely responsible for its fulfillment.  The DONNA Foundation name and logo is used by permission.”; (b) state that the DONNA is the benefiting organization; (c) state that more information about DONNA may be found by visiting the website at www.breastcancermarathon.com or by calling DONNA at 904-355-PINK (7465); and (d) state the actual or anticipated percent or portion of sales, admission price or other proceeds that will benefit DONNA.  

    Event Organizing Group agrees that the Fundraiser may not involve any third party trademarks, products, persons or endorsement that may damage the reputation of DONNA, conflict with the mission of DONNA, or damage the goodwill associated with DONNA’s Trademarks.

  5. Event Organizing Group agrees to indemnify, defend, and hold harmless DONNA, its affiliates and their respective officers, directors, employees and agents, from and against any claims, damages and liabilities (including reasonable attorneys fees) arising out of (a) the breach of this Agreement, (b) the performance or failure to perform its obligations in association with any Marketing Materials, (c) any third party claims that Marketing Materials used by Event Organizing Group infringes, misappropriates or otherwise violates any trademark, service mark, trade name, trade dress, trade secret, copyright, patent, right of publicity, right of privacy or any other intellectual property right, (d) any property damage, personal injury, or death proximately caused by Event Organizing Group at the Fundraiser, and (e) any actions brought against DONNA by a regulatory agency that arise out of Event Organizing Group’s violation of any federal, state or local laws, regulations or ordinances.  

    Event Organizing Group expressly understands and agrees DONNA’s insurance will not cover Event Organizing Group and any Fundraiser held by the Event Organizing Group nor will Event Organizing Group be listed as an additional insured on any insurance policy obtained by DONNA.  If Event Organizing Group obtains insurance for any Fundraiser, DONNA shall be named as an additional insured.

  6. This Agreement is binding upon and inures to the benefit of each of the parties hereto and their successors and assigns; provided, however, neither party may assign or transfer (including, without limitation, by operation of law) this Agreement, including the rights and obligation hereunder, without prior written consent of the other party, and any such attempted assignment or transfer shall be null and void.  

  7. DONNA may terminate this Agreement at any time and for any reason in DONNA’s sole and absolute discretion.  Event Organizing Group shall have five (5) calendar days after expiration or the earlier termination of this Agreement to sell or dispose of all Marketing Materials and items bearing DONNA’s Trademarks.



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