TERMS AND CONDITIONS OF MEMBERSHIP, RELEASE OF LIABILITY, AND PHOTO RELEASE FORM
By becoming a member of Albuquerque Involved, you accept and agree to be bound by these Terms and Conditions, to release Albuquerque Involved as set forth below, and to permit Albuquerque Involved to use your likeness as detailed below.
Albuquerque Involved reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions in our sole and absolute discretion. The most current version can be reviewed by visiting our website and clicking on "Terms and Conditions" located on the New Member Sign-Up page of the website. The most current version of the Terms and Conditions will supersede all previous versions.
PAYMENT, CANCELLATION, TERMINATION
By registering for your Albuquerque Involved membership, you are expressly agreeing that Albuquerque Involved is authorized to collect through the payment method you provided during registration (or to a different Payment Method if you change your account information) your chosen monthly donation.
Albuquerque Involved will automatically collect your monthly donation through your designated payment method. Your Albuquerque Involved membership will continue year-to-year unless and until you cancel your membership or we terminate it.
You may cancel your Albuquerque Involved membership at any time. WE DO NOT PROVIDE REFUNDS FOR ANY MONEY ALREADY RECEIVED. To cancel your membership, visit our website at www.abqinvolved.org.
Albuquerque Involved is recognized by the Internal Revenue Service as a tax-exempt charitable organization under section 501(c)(3) of the Internal Revenue Code.
Albuquerque Involved reserves the right to terminate your membership, without notice, for any or no reason whatsoever.
MEMBER OPPORTUNITIES TO GIVE, VOTE, AND SERVE
With your membership comes the opportunity to Give, Vote, and Serve through Albuquerque Involved. Your monthly donation will be donated to a local non-profit organization selected through member voting. The board or its designee shall determine in its sole discretion the non-profit organizations eligible for voting each month, and the board or its designee shall tabulate member votes and make the final determination of which non-profit organization was selected to receive each grant based on the vote tabulation. Only members in good standing who have made a minimum donation of $5.00 for a given monthly grant will be permitted to vote for the recipient of that grant. Donations under the minimum monthly donation amount of $5.00 are accepted, but do not entitle the giver to membership or voting privileges.
Albuquerque Involved relies on web-based voting. As with all technology, it is possible technical difficulties will interfere with counting one or more member’s votes for any given grant. Although Albuquerque Involved will make reasonable efforts to ensure that all votes are accurately counted, members assume the risk of a technical glitch resulting in the failure to include a vote in the final tabulation.
Participation in Albuquerque Involved services and activities (collectively “ACTIVITIES”) will involve various levels of physical exertion and will impose varying types of physical demands while engaging in inherently dangerous activities such as construction projects. As a member, you will be responsible for determining whether there is any health-related reason or other reason you should not participate in any Albuquerque Involved activities, and you assume the risks associated with each activity in which you volunteer to participate.
In consideration of being allowed to participate in the services and activities provided by Albuquerque Involved and its agents, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively “Albuquerque Involved”), you on behalf of yourself, and/or on behalf of your minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge Albuquerque Involved on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could in any way represent me or act on my behalf.
Further you understand that Albuquerque Involved does not assume any responsibility for or obligation to provide you with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance of any nature in the event of my injury, illness or death or damage to my property. You expressly waive any such claim for compensation or liability on the part of Albuquerque Involved beyond what may be offered freely by Albuquerque Involved in the event of such injury or medical expenses incurred by you.
You hereby release and forever discharge Albuquerque Involved from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during your activities with Albuquerque Involved.
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION
In consideration of the opportunity to participate as a member of Albuquerque Involved, you hereby agree to waive all rights to pursue any claims, lawsuits or legal actions of any type against Albuquerque Involved, its officers, employees, agents, board members, volunteers, participating non-profit entities, event sponsors, and all other persons working with or for Albuquerque Involved. you expressly release and discharge to the maximum extent permitted by law said parties from any and all responsibility and liability for injuries, harm, losses or damages of any type to your person or property that you may sustain while participating in any manner in Albuquerque Involved activities.
Participation in Albuquerque Involved services and activities will involve various levels of physical exertion and will impose varying types of physical demands while engaging in inherently dangerous activities such as construction projects. As a member, you will be responsible for determining whether there is any health-related reason or other reason you should not participate in any Albuquerque Involved activities, and you assume the risks associated with each activity in which you volunteer to participate.
Further you understand that Albuquerque Involved does not assume any responsibility for or obligation to provide you with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance of any nature in the event of injury, illness or death or damage to my property. You expressly waive any such claim for compensation or liability on the part of Albuquerque Involved beyond what may be offered freely by Albuquerque Involved in the event of such injury or medical expenses incurred by you.
You additionally release and forever discharge Albuquerque Involved from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during your activities with Albuquerque Involved.
You hereby authorize and consent that Albuquerque Involved, participating non-profit organizations, their legal representatives, successors or assigns, shall have the absolute right to copyright, publish, use, sell or assign all photographic portraits or pictures, television spots, movie films, and video and/or sound recording, or any other media now or hereafter known, or any part thereof, they have taken or made of you based on your participation as a member of Albuquerque Involved, or in which you may be included in whole or in part, whether apart from or in connection with, illustrative or written matter, story or news item in any medium, motion pictures, television or radio spots, or for publicity, advertising or any other lawful purpose whatsoever in perpetuity throughout the world, in conjunction with your own or a fictitious name, or in reproductions thereof in color or otherwise without restriction to alteration. you hereby waive all claims for any compensation for such use or for damages. You hereby waive any right You may have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied.
The member who created the Albuquerque Involved membership account and whose payment method is charged has access and control over the Albuquerque Involved membership. The member who created the membership exercises control of all web-based Albuquerque Involved functions through use of the member’s password. To maintain exclusive control, the member should not reveal the password to anyone.
By sharing the Albuquerque Involved login and password, the member agrees to be responsible for assuring that the person(s) to whom they provide that information shall comply with the terms set forth above. The member shall be responsible for the actions of the person(s) to whom they disclose the login and/or password.
You and Albuquerque Involved agree that any dispute, claim or controversy arising out of or relating in any way to your membership in Albuquerque Involved, including our website, user interfaces, these Terms and Conditions set forth above, and this Arbitration Agreement, or involving any agents, officers, directors, principals, or employees of Albuquerque Involved shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms and Conditions, the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Albuquerque Involved are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this agreement and the termination of your Albuquerque Involved membership.
If you elect to seek arbitration, you must first send to Albuquerque Involved, by certified mail, a written notice of your claim ("Notice"). The Notice to Albuquerque Involved should be addressed to: Albuquerque Involved, 118 Wellesley Drive Southeast, Albuquerque, NM 87106 ("Notice Address"). If Albuquerque Involved elects to seek arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Albuquerque Involved, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Albuquerque Involved and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Albuquerque Involved may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Albuquerque Involved or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
You and Albuquerque Involved agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Albuquerque Involved agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
CHOICE OF LAW AND CHOICE OF VENUE
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions.
If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Any dispute claim or controversy arising out of or relating in any way to your membership in Albuquerque Involved shall be resolved in accordance with the Arbitration Agreement set forth above. Any such dispute, claim, or controversy shall be resolved in Albuquerque, New Mexico.
By accepting these Terms and Conditions, you promise to indemnify Albuquerque Involved for any attorneys’ fees and/or costs Albuquerque Involved incurs to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of Albuquerque Involved, pre-judgment and post-judgment interest shall accrue thereon at a rate of 18% per annum.
USE OF ALBUQUERQUE INVOLVED NAME, LOGO, WEB MATERIAL, AND OTHER INTELLECTUAL PROPERTY
Other than for the limited purpose of identifying yourself as a member, you understand that the board of directors or its designee has sole authority to authorize the use of Albuquerque Involved’s name, logo, web material, or any other intellectual property it has developed or develops in the future.
By registering as a member of Albuquerque Involved, you represent that you have read the above Terms and Conditions, including all releases, prior to registering for membership, that you are fully familiar with the contents thereof, and that you are in full agreement with all the terms set forth above.
By agreeing to these Terms and Conditions, you understand that you may be found by a court of law to have forever waived your and your child(ren)’s/ward’s right to maintain any action against Albuquerque Involved on the basis of any claim from which you have released Albuquerque Involved and any released party herein. By agreeing to these Terms and Conditions, you further acknowledge that you have had a reasonable and sufficient opportunity to read and understand the Terms and Conditions and consult with legal counsel, or have voluntarily waived your right to do so.