PARTICIPANT RELEASE AND WAIVER OF LIABILITY 

THIS PARTICIPANT RELEASE AND WAIVER OF LIABILITY (“RELEASE”) IS BETWEEN THE GROW RESTORED  FOUNDATION (“GROW”) AND THE INDIVIDUAL SIGNING BELOW (“PARTICIPANT” OR “YOU”). GROW AND PARTICIPANT ARE THE “PARTIES.” 

RECITALS 

  • WHEREAS, GROW RAISES FUNDS TO HELP PAY FOR MENTAL-HEALTH SERVICES (SUCH FUNDRAISING  WORK IS DESCRIBED HERE AS THE “SERVICES”);  

  • WHEREAS YOU ARE SEEKING FUNDS FROM GROW TO HELP PAY FOR SUCH MENTAL-HEALTH SERVICES; 

  • WHEREAS YOU AGREE TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS GROW AND ITS  PREDECESSORS, SUCCESSORS, ASSIGNS, HEIRS, BENEFICIARIES, AFFILIATES, REPRESENTATIVES, EMPLOYEES,  AGENTS, DIRECTORS, INSURERS, OR RELATED ORGANIZATIONS (THE “RELEASE PARTIES”) FOR ANY LOSSES, INJURIES,  COSTS, OR ACCIDENTS RELATED TO THE SERVICES; 

NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL PROMISES, COVENANTS, AGREEMENTS, AND WARRANTIES SET FORTH BELOW, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF ALL OF WHICH THE PARTIES EXPRESSLY ACKNOWLEDGE, THE PARTIES HEREBY MUTUALLY AGREE BY AND BETWEEN THEMSELVES AS FOLLOWS: 

SPECIFIC TERMS 

1. RECITALS. THE FOREGOING RECITALS ARE INCORPORATED BY REFERENCE HEREIN AND MADE PART OF THIS RELEASE.  

2. USE OF FUNDS. PARTICIPATE AGREES AND ACKNOWLEDGES THE FOLLOWING: ALL ONLINE DONATIONS ARE MADE TO THE MIGHTYCAUSE CHARITABLE FOUNDATION, A NONPROFIT DONOR-ADVISED FUND (TAX ID 27-2499903), INTENDED FOR THE BENEFIT OF GROW RESTORED FOUNDATION. THE MIGHTYCAUSE CHARITABLE FOUNDATION’S MISSION IS TO RE-GRANT THIS DONATION TO GROW RESTORED FOUNDATION IN ACCORDANCE WITH FEDERAL TAX LAWS AND THE INTERNAL REVENUE SERVICE REGULATIONS. THE MIGHTYCAUSE CHARITABLE FOUNDATION MAKES EVERY REASONABLE EFFORT TO RESPECT THE WISHES OF ITS DONORS AND PROMPTLY REGRANT THIS DONATION PER THE TERMS ESTABLISHED BETWEEN GROW RESTORED FOUNDATION AND THE MIGHTYCAUSE CHARITABLE FOUNDATION. AS REQUIRED BY FEDERAL TAX LAWS AND THE INTERNAL REVENUE SERVICE, THE MIGHTYCAUSE CHARITABLE FOUNDATION MUST RETAIN THE EXCLUSIVE AUTHORITY, DISCRETION, AND LEGAL CONTROL OVER ALL DONATED FUNDS.

MIGHTYCAUSE CHARITABLE FOUNDATION’S DISTRIBUTIONS TO OR FOR THE BENEFIT OF GROW RESTORED FOUNDATION AND/OR PURPOSE MUST NOT BE USED FOR THE PERSONAL BENEFIT OF YOU, ANY OTHER DONOR ADVISOR, OR ANY OTHER PURPOSE CONFERRING IMPERMISSIBLE PRIVATE BENEFIT. FOR THE FULL STORY, PLEASE SEE THE MIGHTYCAUSE CHARITABLE FOUNDATION’S TERMS OF USE. GROW RESTORED FOUNDATION, AS A 501(C)(3) NONPROFIT CORPORATION, WILL USE THESE  GRANTS AND OFFLINE DONATIONS TOWARDS ACCOMPLISHING ITS MISSION OF PROVIDING FINANCIAL ASSISTANCE TO THOSE IN NEED OF  MENTAL AND EMOTIONAL HEALTH SERVICES. DONATIONS MAY NOT BE DIRECTED TO COVER THE EXPENSES OF  SPECIFIC INDIVIDUALS. GROW RESTORED FOUNDATION HAS A PROCESS BY WHICH IT DETERMINES THE FINANCIAL  ASSISTANCE IT PROVIDES AND TO WHOM. ANY DONATION MADE ON ANY FUNDRAISING WEB PAGE ABOUT  PARTICIPANT IS NOT GUARANTEED TO ASSIST PARTICIPANT. GROW RESTORED FOUNDATION WILL DETERMINE THE  BEST USE OF ALL FUNDS BASED ON NEED. PARTICIPANT UNDERSTANDS THAT THE RELEASED PARTIES DO NOT  AGREE OR PROMISE TO PROVIDE ANY FINANCIAL ASSISTANCE TO PARTICIPANT OF ANY KIND, INCLUDING BUT NOT  LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE COVERAGE FOR PARTICIPANT. 

3. WAIVER, RELEASE, AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMISSIBLE UNDER  APPLICABLE LAW, YOU INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FOR ANY AND  ALL LIABILITY OR LOSSES OF ANY KIND THAT ARE IN ANY WAY RELATED TO THE SERVICES,  WHETHER THOSE LIABILITIES OR LOSSES RESULT FROM YOUR CONDUCT, THE RELEASED PARTIES’  CONDUCT, OR A THIRD PARTY’S CONDUCT. THE RELEASE COVERS, BUT IS NOT LIMITED TO, ANY  CLAIM FOR ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY ARISE OUT OF, OCCUR DURING OR RESULT FROM THE SERVICES, REGARDLESS OF WHETHER CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A RELEASED PARTY. 

4. TREATMENT. FOR THE AVOIDANCE OF DOUBT, PARTICIPANT RELEASES, FOREVER  DISCHARGES, INDEMNIFIES, AND HOLDS HARMLESS THE RELEASED PARTIES FROM ANY CLAIM, DEMAND OR CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR RELATING TO ANY MENTAL HEALTH SERVICES OR OTHER MEDICAL TREATMENT RENDERED (OR THE LACK OF ANY SUCH  SERVICES OR TREATMENT) THAT IS IN ANY WAY RELATED TO THE SERVICES. PARTICIPANT AGREES  AND ACKNOWLEDGES THAT GROW IS NOT A PROVIDER OF MENTAL HEALTH OR MEDICAL  SERVICES, DOES NOT GUARANTEE THE AVAILABILITY OF SUCH SERVICES TO PARTICIPANT, AND  DOES NOT GUARANTEE THE SUCCESS OF ANY SUCH SERVICES. 

5. GOVERNING LAW AND JURISDICTION. PARTICIPANT EXPRESSLY AGREES THAT THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF GEORGIA, AND THAT THIS RELEASE  WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS RULES. PARTICIPANT AGREES THAT THE SOLE AND EXCLUSIVE JURISDICTION  AND VENUE FOR LITIGATION BETWEEN PARTICIPANT AND ORGANIZATION WILL BE A STATE OR FEDERAL COURT  HAVING JURISDICTION OVER FULTON COUNTY, GEORGIA. 

6. SEVERABILITY. PARTICIPANT AGREES THAT IN THE EVENT THAT ANY CLAUSE OR PROVISION OF THIS  RELEASE IS HELD TO BE INVALID, THE INVALIDITY OF THAT CLAUSE OR PROVISION WILL NOT AFFECT THE REMAINING  PROVISIONS OF THIS RELEASE, WHICH WILL CONTINUE TO BE ENFORCEABLE. 

7. INTERPRETATION. THIS RELEASE WILL BE INTERPRETED REASONABLY SO AS TO GIVE EFFECT TO THE INTENT  OF THE PARTIES. THE RELEASE WILL NOT BE STRICTLY CONSTRUED AGAINST EITHER PARTY.  

8. SUCCESSORS AND ASSIGNS. THIS RELEASE IS BINDING UPON, AND INURES TO THE BENEFIT OF, GROW, THE PARTICIPANT, AND EACH OF THEIR PREDECESSORS, SUCCESSORS, ASSIGNS, HEIRS, BENEFICIARIES, AFFILIATES,  REPRESENTATIVES, EMPLOYEES, AGENTS, DIRECTORS, INSURERS, OR RELATED ORGANIZATIONS. 

9. ENTIRE AGREEMENT. OTHER THAN ANY PUBLICITY RELEASE PARTICIPANT SIGNS, THIS RELEASE IS THE  ENTIRE AGREEMENT BETWEEN THE PARTIES ON THE SUBJECT MATTER OF THIS AGREEMENT. THE RELEASE MAY  NOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT. 

10. TERMINATION. YOU AGREE THAT GROW MAY TERMINATE ITS SERVICES, INCLUDING ANY ASSISTANCE  TO YOU OF ANY KIND, AT ANY TIME AND FOR ANY REASON. 

11. CAPACITY AND GUARDIANSHIP. BY SIGNING THIS AGREEMENT, PARTICIPANT ACKNOWLEDGES THAT  HE/SHE HAS THE CAPACITY TO DO SO AND UNDERSTANDS THE TERMS OF THE RELEASE. IF THIS RELEASE IS SIGNED  ON PARTICIPANT’S BEHALF, THE GUARDIAN AND PARTICIPANT AGREE AND ACKNOWLEDGE THAT THE GUARDIAN HAS  THE AUTHORITY TO DO SO.  

12. INFORMATION REQUESTS. IN CONNECTION WITH YOUR REQUEST FOR ASSISTANT FROM GROW, YOU  MAY BE ASKED TO PROVIDE INFORMATION ABOUT YOUR PERSONAL LIFE, YOU MENTAL-HEALTH HISTORY OR  CONDITION, OR YOUR MEDICAL HISTORY OR CONDITION. YOU AGREE AND ACKNOWLEDGE THAT GROW MAY  USE SUCH INFORMATION IN CONNECTION WITH PERFORMING THE SERVICES. YOU WAIVE, 

RELEASE, AND INDEMNIFY GROW FROM ANY LIABILITY OF ANY KIND RELATED TO GROW’S USE OF  SUCH INFORMATION, INCLUDING (BUT NOT LIMITED TO) ANY CLAIM FOR ANY BREACH OF ANY  PRIVACY RIGHT, ANY “FALSE LIGHT” CLAIM, OR ANY CLAIM FOR PUBLIC DISCLOSURE OF PRIVATE  FACTS.  


PUBLICITY RELEASE 

THIS PUBLICITY RELEASE (“RELEASE”) IS BETWEEN THE GROW RESTORED FOUNDATION (“GROW”) AND THE  INDIVIDUAL SIGNING BELOW (“PARTICIPANT” OR “YOU”). GROW AND PARTICIPANT ARE THE “PARTIES.” 

RECITALS 

  • WHEREAS, GROW RAISES FUNDS TO HELP PAY FOR MENTAL-HEALTH SERVICES (SUCH FUNDRAISING WORK IS DESCRIBED HERE AS THE “SERVICES”);  

  • WHEREAS, GROW RAISES THOSE FUNDS, IN PART, BY POSTING INFORMATION ONLINE ABOUT INDIVIDUALS WHO  HAVE SOUGHT GROW’S HELP IN PAYING FOR MENTAL-HEALTH SERVICES; 

  • WHEREAS YOU ARE SEEKING FUNDS FROM GROW TO HELP PAY FOR MENTAL-HEALTH SERVICES AND HAVE AGREED TO ALLOW GROW TO POST INFORMATION ABOUT YOU ONLINE IN ORDER TO SUPPORT GROW’S SERVICES; 

NOW THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL PROMISES, COVENANTS,  AGREEMENTS, AND WARRANTIES SET FORTH BELOW, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF ALL OF WHICH THE PARTIES EXPRESSLY ACKNOWLEDGE, THE PARTIES HEREBY MUTUALLY AGREE BY AND  BETWEEN THEMSELVES AS FOLLOWS: 

SPECIFIC TERMS 

1. RECITALS. THE FOREGOING RECITALS ARE INCORPORATED BY REFERENCE HEREIN AND MADE PART OF THIS  RELEASE. 

2. USE OF INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT GROW HAS THE RIGHTS TO USE YOUR NAME, VOICE, LIKENESS, AND INFORMATION YOU PROVIDE GROW (COLLECTIVELY, THE “INFORMATION”) AND TO DISPLAY, USE, OWN, AND EXPLOIT THE INFORMATION (THE “DEPICTION”) IN ANY AND ALL MEDIA OR FORMAT NOW KNOWN OR  HEREAFTER DEVISED THROUGHOUT THE WORLD IN PERPETUITY, INCLUDING, WITHOUT LIMITATION, ON AN ONLINE FUNDING PAGE OR ANY OTHER AUDIO OR VISUAL PRESENTATION (INCLUDING RADIO, TV, FILM, PHOTOGRAPHS, WEBSITE, OR  PRINTED MEDIA OF ANY KIND); AND FOR ANY PURPOSE.  

3. NON-PAYMENT. YOU ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO COMPENSATION OR PAYMENT OF ANY KIND NO MATTER HOW GROW USES THE INFORMATION OF THE DEPICTION. 

4. NO EXPECTATION OF PRIVACY. YOU UNDERSTAND AND AGREE THAT GROW’S USE OF YOUR INFORMATION AND THE DEPICTION MAY EXPOSE PRIVATE INFORMATION ABOUT YOU, MAY BE EMBARRASSING, OR MAY EXPOSE YOU TO PUBLIC RIDICULE, HUMILIATION OR CONDEMNATION. GROW SHALL HAVE THE RIGHT TO INCLUDE ALL INFORMATION OBTAINED ABOUT YOU AND ANY APPEARANCE, DEPICTION, PORTRAYAL, ACTIONS AND STATEMENTS IN THE DEPICTION  AS CREATED OR EDITED BY GROW.  

5. WAIVER AND RELEASE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NEVER SUE GROW FOR ANY REASON RELATING TO THE INFORMATION OR DEPICTION, AND YOU  WAIVE ANY AND ALL RIGHTS YOU HAVE TO TAKE LEGAL ACTION OR SEEK INJUNCTIVE OR EQUITABLE RELIEF OF ANY KIND AGAINST GROW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY  RELEASE GROW, AND EACH OF ITS PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, PREDECESSORS,  SUCCESSORS, ASSIGNS, HEIRS, BENEFICIARIES, AFFILIATES, REPRESENTATIVES, EMPLOYEES, AGENTS,  DIRECTORS, AND INSURERS, FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES,  COSTS, EXPENSES, INJURIES, OR CAUSES OF ACTION WHATSOEVER THAT IN ANY WAY ARE CAUSED BY,  ARISE OUT OF, RELATE TO, OR RESULT FROM THIS AGREEMENT, THE INFORMATION, THE DEPICTION,  OR THE SERVICES, ON ANY LEGAL THEORY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,  COPYRIGHT OR TRADEMARK INFRINGEMENT, NEGLIGENCE, PERSONAL INJURY, INFLICTION OF  EMOTIONAL DISTRESS, BREACH OF CONTRACT, DISCRIMINATION, RIGHTS OF PRIVACY AND PUBLICITY,  DEFAMATION, FALSE LIGHT, OR PUBLIC DISCLOSURE OF PRIVATE FACTS).  

6. OWNERSHIP. YOU ACKNOWLEDGE THAT GROW SHALL BE THE EXCLUSIVE OWNER OF ALL COPYRIGHT AND OTHER RIGHTS IN AND TO THE DEPICTION, AND ANY EXCERPTS THEREFROM OR OTHER DERIVATIVE WORKS, AND THAT GROW WILL HAVE THE EXCLUSIVE RIGHT TO USE, AND LICENSE OR OTHERWISE AUTHORIZE OTHERS TO USE THEM IN ANY MANNER  GROW WISHES AND IN ANY AND ALL MEDIA NOW KNOWN OR HEREAFTER DISCOVERED OR DEVELOPED, IN PERPETUITY,  THROUGHOUT THE WORLD. YOU WAIVE THE EXERCISE OF ANY “MORAL RIGHTS,” “DROIT MORAL,” AND ANY ANALOGOUS  RIGHTS, HOWEVER DENOMINATED, IN ANY JURISDICTION OF THE WORLD, WHICH YOU HAVE. TO THE EXTENT YOU RETAIN  ANY INTEREST IN THE DEPICTION, YOU HEREBY GRANT AND ASSIGN TO GROW ALL RIGHTS OF ANY NATURE IN AND TO  SUCH INTEREST.  

7. CAPACITY AND GUARDIANSHIP. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE THE  CAPACITY TO DO SO AND UNDERSTAND THE TERMS OF THIS RELEASE. YOU ACKNOWLEDGE THAT YOU ARE OF SOUND  MIND AND ARE NOT UNDER THE INFLUENCE OF DRUGS OR ALCOHOL. IF THIS RELEASE IS SIGNED ON YOUR BEHALF, THE  GUARDIAN AND YOU AGREE AND ACKNOWLEDGE THAT THE GUARDIAN HAS THE AUTHORITY TO DO SO. 

8. ENTIRE AGREEMENT. OTHER THAN THE PARTICIPANT AND WAIVER OF LIABILITY, THIS RELEASE CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES CONCERNING THE SUBJECT MATTER OF THIS RELEASE. THIS RELEASE MAY  NOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT. 

9. GOVERNING LAW AND JURISDICTION. PARTICIPANT EXPRESSLY AGREES THAT THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF GEORGIA, AND THAT THIS RELEASE WILL BE  GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO  ITS CONFLICT OF LAWS RULES. PARTICIPANT AGREES THAT THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE FOR  LITIGATION BETWEEN PARTICIPANT AND ORGANIZATION WILL BE A STATE OR FEDERAL COURT HAVING JURISDICTION OVER  FULTON COUNTY, GEORGIA. 

10. SEVERABILITY. PARTICIPANT AGREES THAT IN THE EVENT THAT ANY CLAUSE OR PROVISION OF THIS RELEASE IS  HELD TO BE INVALID, THE INVALIDITY OF THAT CLAUSE OR PROVISION WILL NOT AFFECT THE REMAINING PROVISIONS OF THIS  RELEASE, WHICH WILL CONTINUE TO BE ENFORCEABLE. 

11. INTERPRETATION. THIS RELEASE WILL BE INTERPRETED REASONABLY SO AS TO GIVE EFFECT TO THE INTENT OF  THE PARTIES. THE RELEASE WILL NOT BE STRICTLY CONSTRUED AGAINST EITHER PARTY.  

12. SUCCESSORS AND ASSIGNS. THIS RELEASE IS BINDING UPON, AND INURES TO THE BENEFIT OF, GROW, YOU,  AND EACH OF THEIR PREDECESSORS, SUCCESSORS, ASSIGNS, HEIRS, BENEFICIARIES, AFFILIATES, REPRESENTATIVES,  EMPLOYEES, AGENTS, DIRECTORS, INSURERS, OR RELATED ORGANIZATIONS.

13. TERMINATION. YOU AGREE THAT GROW MAY TERMINATE ITS SERVICES, INCLUDING ANY ASSISTANCE TO YOU  OF ANY KIND, AT ANY TIME AND FOR ANY REASON. 

BY SUBMITTING AN ONLINE APPLICATION, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS GRANT OF RIGHTS AND RELEASE AND THAT I FULLY UNDERSTAND ALL OF MY RIGHTS, OBLIGATIONS,  PROMISES AND AGREEMENTS. 

I UNDERSTAND THAT GROW WILL BE PROCEEDING IN RELIANCE  UPON MY RELEASE. IN PARTICULAR, I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT.

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