Please read and acknowledge acceptance of all of the terms below regarding using of any Take Back The Night Foundation (hereinafter, “TBTNF”). Please read carefully this agreement as it pertains to your responsibility, legal release, and authorization to hold any TBTNF related event, program or initiative. It governs any and all use of our name, brand, or other property in any form. These terms must be acknowledged and agreed upon prior to any use.
By registering our TBTN Event, I, confirm I am an official and recognized legal representative for my organization/entity (hereinafter “ENTITY”), and acknowledge I have read the TBTN Event Holder Agreement (see below) and agree to assume all responsibility and liability for my event as per these terms. By holding a Take Back The Night event using any resource, product and/or assistance in any form from TBTNF, ENTITY agrees to understand and comply with and all applicable local and state laws and school policies in its jurisdiction as well as the Terms of Use and Privacy Policy of the Take Back The Night Foundation as made accessible through TBTNF’s website at https://takebackthenight.org/terms-of-use/ and https://takebackthenight.org/privacy-policy-2/.
Whereas ENTITY intends to hold a Take Back the Night event and/or obtain products offered through the TBTNF site, ENTITY hereby agrees as follows:
1. ENTITY assumes full legal and financial responsibility for planning, organizing, and hosting in this Take Back the Night Event. ENTITY understands that the TBTNF does not provide financial compensation to event holders, including but not limited to subsequent liability of any kind.
2. ENTITY agrees to conform to all applicable policies, rules, regulations, and standards of conduct as codified and enforced by the host venue, city and/or state where the event is held.
3. ENTITY agrees that Take Back The Night Foundation, its officers, employees and agents shall not be liable for any health problems or injury to any event participants or organizers, or damage to any property arising out of or related to participation in this event or occurring while participants are under the care, supervision and/or responsibility of any event host officers, employees or agents.
4. ENTITY hereby agree to defend, indemnify and hold harmless Take Back The Night Foundation, its officers, employees or agents from and against any claims, demands, actions, losses or causes of action whatsoever arising out of or related to any injury to any event participants or organizers, or damage to any property while participating in this event or occurring while under the care, supervision and/or responsibility of any event host officer, employee or agent whether such claim, demand, action, loss or cause of action results from an act or omission including the negligent acts or omissions of the event host and/or Take Back The Night Foundation, its officers, employees or agents or from some other cause, whether foreseeable or unforeseeable.
5. If ENTITY is acquiring any product from TBTNF in conjunction with this event, ENTITY hereby acknowledges and agrees that ENTITY is acquiring the product in an "as is" condition and that returns and refunds are not provided under any circumstances. ENTITY further understands that under no circumstances or in no event that the Take Back the Night Foundation will be liable for personal injury or property damage or any other loss, damage, cost or repairs, or incidental, punitive, special, consequential, or liquidated damages of any kind, whether based upon warranty, contract, strict liability, negligence or any other cause of action arising in connection with the design, manufacture, sale, transportation or use of any product associated with this event or acquired on this site.
6. If ENTITY is acquiring any product from any other provider in conjunction with this event ENTITY understands that any and all liability from that product will be the responsibility of this third party entity, and that no responsibility or liability lies with TBTNF. ENTITY understands and agrees that TBTNF does not endorse, recommend, or align with any entity other than those officially listed on TakeBackTheNight.org.
7. If ENTITY’s event will include participants who are minors, ENTITY agrees to have a signature-based form to authorize legal participation for the minor, signed by the parent or legal guardian.