This agreement is made between you and KCS for your participation in the 2026 TCS New York City Marathon as an Individual Fundraiser.
In consideration of the opportunity to register and participate in the Event and any training or other activities offered by KCS to Fundraisers, you agree to comply with the following terms and conditions:
1. Term.
The term of this Agreement shall commence upon your acceptance into the Team KCS for the 2026 NYC Marathon by executing this Agreement and shall continue through November 30, 2026.
2. Fundraiser Participation.
You acknowledge and agree that participation in the Event and any other Fundraiser Activities is conditioned on Your continued compliance with the terms of this Agreement, the Event rules, regulations, terms, and conditions, and any other policies as communicated by KCS and the Event organizers. You understand and agree that you will comply with all rules, regulations, and similar conditions set by the race organizers of the Event.
Please review https://www.nyrr.org/tcsnycmarathon to understand the details of what is required of you by the race organizers for participation in the Event.
3. Runner Unconditional Funding Requirement for Pledge Amount.
A. Pledge Amount. In consideration of the opportunity to participate in the Event and Fundraiser Activities, You hereby agree to personally donate and/or fundraise from third-party donors a minimum of Four Thousand United States Dollars ($4,000.00USD) by no later than November 30, 2026.
B. Unconditional Pledge. You further agree that the Pledge Amount shall be due to KCS by the Pledge Amount Deadline, regardless of any change in Your ability, intent, or desire to participate in or complete the Event or Fundraiser Activities, for any reason, including but not limited to, injury, physical condition, pregnancy,
financial hardship, or other extenuating circumstance.
C. Credit Card Charge for Pledge Amount. You must provide a credit card with an expiration date of November 30, 2026 or later with sufficient credit available to cover the total Pledge Amount and any additional fees set forth herein. If you or your donors have not submitted to KCS the total amount of the Pledge Amount by the Pledge Amount Deadline, you hereby authorize KCS to charge the remaining balance of Your Pledge Amount to Your Credit Card, without demand or further notice to you, on or after the day following the Pledge Amount Deadline.
D. KCS Remedies. If KCS is unable to collect any remaining Pledge Amount balance by processing Your Credit Card, KCS may, without further notice or demand, exercise any and all of its rights and remedies under this Agreement or under applicable law, including commencing an action to enforce its rights under this Agreement and to recover the full Pledge Amount. Any delay or forbearance by KCS in the exercise of its rights will not operate as a waiver of those rights either with respect to such default or any other breach of this Agreement.
If you fail to fulfill the Pledge Amount or otherwise breach this Agreement,
(1) You will no longer be permitted to participate in the Event and
(2) the Event organizer further reserves the right to disqualify You from the Event, remove You from the Event results, and suspend or prohibit You from participating in future organizer events.
4. Fundraising.
A. You agree to record on Your fundraising page on https://fundraisers.nyrr.org/teams/korean-community-services-kcs?partner=ded7f5ca14072f299220 the funds You raise towards the Pledge Amount. If You customize Your Fundraising Page, You must do so solely for the purpose of fundraising for KCS. Your Fundraising Page must not contain any content that:
* Fundraises for any causes other than KCS;
* Is vulgar, profane, indecent, or discourteous;
* Is defamatory, offensive, discriminatory, bigoted, hateful, or threatening;
* Is a personal attack, name-calling, trolling, or abusive;
* Advocates illegal activity or discusses illegal activities with the intent to commit them;
* Infringes and/or violates any right of a third party (including, without limitation, any intellectual property right, right of privacy, or right of publicity) or any law; or
* Does not generally pertain to fundraising for KCS or the Event. KCS reserves the right to review, remove, or edit Your Fundraising Page at any time for any reason at KCS's sole discretion.
B. You acknowledge and agree that KCS does not direct or approve, and is not responsible for, the various means by which You may seek to raise funds in fulfillment of Your Pledge Amount. You agree that You will follow all applicable laws when fundraising for KCS whether You are fundraising on Your Fundraising
Page or You are fundraising using any other means and that You are solely responsible for Your fundraising efforts under this Agreement.
C. You agree to periodically review Your donation list for accuracy and to confirm receipt of donations. You further acknowledge and agree that contributions by
third-party donors in fulfillment of the Pledge Amount are fully non-refundable and tax deductible of the law.
5. Event Registration Fee: You will be invited to register for the Event, and You will be responsible for paying the Event registration fee. The Event Registration Fee must be paid directly to NYRR during the Event registration process and is separate from and in addition to the Pledge Amount. The Event Registration Fee is non-refundable.
6. Cancellation/Deferral by Fundraisers. You may cancel your registration as a Fundraiser by submitting a request in writing via email to Soo@kcsny.org no later than May 1st, 2026. Any donations received by KCS are non-refundable. If You register for the Event as a Fundraiser and cancel Your entry for any reason, if KCS has received your full Pledge Amount, You will be eligible to receive a guaranteed, non-complimentary entry to the 2027 TCS New York City Marathon.
7. No Refunds in the Event of Cancellation. If the Event or any other Fundraiser Activities are cancelled for any reason, You acknowledge and agree that You will not be entitled to any refund of (a) amounts received by KCS towards Your Pledge Amount, whether submitted on Your behalf by You, or by donors who have donated on Your behalf, or (b) the Event Registration Fee. You acknowledge and agree that neither KCS nor the organizers of the Event will be responsible to You for any costs or expenses incurred by You as a result of the cancellation of the Event or any other Fundraiser Activities, or as a result of any change of the date/time or amenities offered at the Event or any other Fundraiser Activities.
8. KCS Marks. All use of KCS and Event logos or word trademarks is prohibited without express prior written approval from KCS or Event organizer. Unapproved use
of such logos or marks or other materials owned by KCS or Event organizer may result, among other repercussions, in Your removal from Fundraiser program, the Event and future events.
9. Assumption of Risk, Liability Waiver and Release:
A. You recognize that Your participation in the Event and in any other Fundraiser Activities as a Fundraiser, is a potentially hazardous activity and You willingly
assume all risks associated with such participation, including, but not limited to, contagious diseases; falls; contact with other participants, spectators, or others, or
vehicular or other traffic; the effects of the weather, including heat and/or humidity, poor air quality, wind, cold, and wet or slippery surfaces; physical injury
from the act of running itself; falling tree branches or other overhead objects; traffic; and the crowded nature and other conditions of the course, all such risks
being known and appreciated by You.
B. You, having read the foregoing, and knowing these facts, and in consideration of KCS's acceptance of Your application to participate as a Fundraiser, You for
yourself and anyone entitled to act on Your behalf, do hereby waive, release, discharge, hold harmless, and covenant not to sue KCS, Event organizer, or their respective sponsors, and any of the directors, officers, employees, volunteers, representatives, agents, and successors of each of the foregoing, from any and all present and future claims and liabilities of any kind, known or unknown, arising out of Your acceptance as a Fundraiser for the Event and/or
actual participation in the Event and any other Fundraiser Activities.
10. KCS's Failure or Delay to Exercise Rights. KCS's failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
11. Termination. KCS may terminate this Agreement immediately in its entirety by providing written notice if You fail to fulfill any of Your obligations under this Agreement.
12. Compliance with Applicable Laws. The parties agree to comply with all applicable laws, rules and regulations.
13. Entire Agreement. This Agreement constitutes the entire agreement between the parties.
ACKNOWLEDGMENT OF UNDERSTANDING: YOU HAVE READ THIS AGREEMENT, AND YOU FULLY UNDERSTAND ITS TERMS AND CONDITIONS AND UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO BRING ACTIONS AGAINST THE RELEASEES. YOU ACKNOWLEDGE THAT YOU ARE SIGNING AND ACCEPTING THE ASSUMPTION OF RISK, WAIVER/RELEASE FREELY AND VOLUNTARILY, AND THAT YOU INTEND, BY CONTINUING TO COMPLETE THE FUNDRAISER REGISTRATION, TO COMPLETELY AND UNCONDITIONALLY RELEASE THE RELEASEES TO THE FULLEST EXTENT ALLOWED BY LAW. YOU EXPRESSLY AGREE THAT THE WAIVER/RELEASE STATED ABOVE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF NEW YORK AND THAT THIS WAIVER SHALL BE GOVERNED BY AND INTERPRETED BY THE LAWS OF THE STATE OF NEW YORK
YOU AGREE THAT IN THE EVENT THAT ANY CLAUSE OR PROVISION OF THIS WAIVER/RELEASE SHALL BE HELD TO BE INVALID, THE INVALIDITY OF SUCH CLAUSE OR PROVISION SHALL NOT OTHERWISE AFFECT THE REMAINING PROVISIONS OF THIS WAIVER/RELEASE, WHICH SHALL CONTINUE TO REMAIN IN FULL FORCE AND EFFECT.
