Sponsorship Agreement

1. General

This Agreement applies to the annual or event sponsorship selected by Sponsor. The Race is part of the Whitney’s Race® series, an annual 5k run/fitness walk organized by the Whitney Marsh Foundation, Inc. (“WMF”), a tax-exempt nonprofit organization under Internal Revenue Code §501(c)(3) (Federal Tax ID: 83-2822054). The Race promotes WMF’s mission to advance pancreatic cancer research and early detection.

Physical Address (operations):
10904 Kettering Ln
Fort Smith, AR 72908

2. Term

This Agreement begins on the Effective Date. The applicable term (“Term”) depends on the sponsorship selected:

2026–27 Annual Sponsorship: The Term ends on December 31, 2027, and includes the 2026 Whitney’s Race and all WMF events during the Term, with the benefits of the selected annual level.

Event Sponsorship: The Term ends on completion of the selected event and covers that event only. For the 2026 Whitney’s Race, the scheduled completion date is October 31, 2026.

Post-event recognition and marketing included in the selected sponsorship level remain part of the sponsorship even when delivered after the applicable Term ends.

3. Race Date

WMF will use commercially reasonable efforts to conduct the Race on October 31, 2026.

4. WMF Licensed Marks

(Applies to sponsors in the top two levels or local media sponsors only; others require prior permission.)

WMF grants Sponsor a limited, non-exclusive, non-transferable sublicense to use the “Whitney Marsh Foundation, Inc.,” “Whitney’s Race®,” and associated logos (“WMF Licensed Marks”) solely to promote the WMF events covered by the selected sponsorship during the applicable Term.

Sponsor must obtain WMF’s prior written approval for all materials using WMF Licensed Marks.

For Race promotions, usage must adhere to the format: “[Sponsor Level] Sponsor of the Whitney Marsh Foundation’s Whitney’s Race® benefiting pancreatic cancer research.” For annual sponsorship recognition, use “[Sponsor Level] Annual Sponsor of the Whitney Marsh Foundation.” Materials for other covered events remain subject to WMF’s prior written approval.

Sponsor may not associate WMF Licensed Marks with non-sponsors.

5. Sponsor Licensed Marks

Sponsor grants WMF a limited, non-transferable license to use Sponsor’s name, logo, and marks (“Sponsor Licensed Marks”) for promotions of the WMF events covered by the selected sponsorship and the post-event recognition and marketing included in that sponsorship level.

High-resolution logos (jpg/png) must be submitted by October 12, 2026, for inclusion in printed materials for the 2026 Whitney’s Race. Late submissions forfeit logo placement (name-only used).

6. Sponsorship Benefits/Payment

Full payment is due within two months of the Effective Date. Late payment forfeits sponsorship rights.

In-kind donations require valuation documentation for IRS compliance.

Tax Deductibility Notice: The deductible portion of Sponsor’s contribution is limited to the excess of the contribution over the value of goods/services provided by WMF. WMF will disclose this value post-Race.

7. Race Cancellation

WMF is not liable for Race delays/postponements due to force majeure. If the Race is canceled, fees become non-refundable donations.

8. Insurance

For the 2026 Whitney’s Race, both parties must maintain liability insurance (covering bodily injury, property damage, and death) from the Effective Date through October 31, 2026. Certificates of insurance must be exchanged within 30 days of the Effective Date.

9. Relationship/Entire Agreement

No legal relationship exists between the parties beyond this Agreement. This document supersedes all prior agreements.

10. Indemnity

Each party indemnifies the other against claims arising from its negligence, misconduct, or breach of this Agreement. Sponsor assumes full responsibility for its personnel/volunteers at the Race.

11. Governing Law

This Agreement is governed by Arkansas law.