This Participant Agreement is between Girl Talk, Inc., a Georgia non-profit corporation (“Girl Talk”) and “You”, a parent or guardian on behalf of your child participating with Girl Talk Club programs and activities (a “Participant”). You agree to the below Terms and Conditions upon your child participating in a Girl Talk Club.
A “Girl Talk Club” is a local group that uses Girl Talk materials and mentors young people, based on peer-to-peer mentorship from older students.
Terms and Conditions
1. Participation Wavier
Working with children comes with inherent risks. In consideration of participating with a Girl Talk Club, You hereby release and discharge (agreeing to make no claim and not sue to the maximum extent allowed by law) Girl Talk, its directors, employees, volunteers, or agents (“Related Parties”) for any and all claims, except to the extent caused by the gross negligence or willful acts or omissions of Girl Talk (or to the extent as required by applicable law), related to the Participant’s relationship with Girl Talk. GIRL TALK DOES NOT EMPLOY OR HIRE THE LOCAL COMMUNITY LEADERS WHO MANAGE AND ADVISE GIRL TALK CLUBS AND PARTICIPANTS, AND GIRL TALK SHALL NOT BE LIABLE TO YOU, THE PARTICIPANT, OR ANY THIRD PARTY BASED ON THEIR ACTS OR OMISSIONS. You agree to indemnify and hold harmless Girl Talk and the Related Parties for any loss, injury, or death caused by You or the Participant.
2. Marketing Consent
Unless you send an email to melissa@mygirltalk.org or a subsequent identified email address advising that You do not provide such consent and receive a confirmation in reply, You consent to Girl Talk using the Participant’s name, image, and likeness for its own marketing and donation solicitation purposes, including, but not limited to, on Girl Talk and its partners’ websites, social media, and other media as Girl Talk uses for such communications from time to time. You agree that Participant may be photographed or recorded in other media, such as video or audio recordings, in connection with Girl Talk activities or events. You hereby grant Girl Talk an irrevocable, royalty-free, perpetual license to use any and all photographic images and other media recordings taken during Girl Talk activities and events for Girl Talk marketing purposes.
3. Miscellaneous
If any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. The
paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. If Girl Talk fails to enforce strict performance of any provision of the Agreement, such failure will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Agreement. Neither the course of conduct between You and Girl Talk shall act to modify any provision of the Agreement.
The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, except regarding its conflicts of law rules. Any action relating to the Agreement, Content, or Trademarks must be brought in the federal or state courts located in Atlanta, Georgia and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Agreement, Content, or Trademarks must be commenced within one (1) year after the claim or cause of action arose, or is barred. Additional written terms and conditions posted on Girl Talk website or executed in writing with You, including but not limited to, a Privacy Policy, govern and, if conflicting, supersede any oral or other communication between the parties.
I certify that I am the parent or legal guardian of the Participant, or that I otherwise have the legal authority to represent Participant and act on their behalf. I have read and understood this Agreement. I hereby consent to and ratify this Agreement and agree, on behalf of myself, Participant and each of our respective legal representatives, heirs and assigns, to be bound by its terms.