In  consideration for  my  voluntary  attendance  and/or  participation in any  way  in the  mentor  program  (the "Program") at the office  of Gonzalez

Companies, L.L.C. located  at 525  W. Main  Street,  Suite  125,  Belleville,  Illinois  62220  (the "Office"), which  I understand  includes  travel to and from certain  field locations, including  the Village  of Shiloh  Sanitary  Sewer  Rehabilitation Project, the East St. Louis Water Treatment  Plant, the St.

Louis  Metropolitan Sewer  District  Tunnel  Project  known  as Project  Clear,  the City  of Troy Water  Treatment  Project  and  Water Storage  Tank and Booster   Station,   the  Illinois   Department   of  Transportation  I-270  Over  the Mississippi River  Bridge  Project,  and  the  Village  of  Glen  Carbon Stormwater Improvement Project,  (collectively, the "Field Locations") in vehicles  operated  by the  below defined  Releasees and does  not involve staying  overnight, and  any  costs  or expenses in connection therewith  incurred  by  Releasees,  I, for  myself  or  my  minor  child,  and any  personal representatives, assigns,  heirs, and next of kin enter into this Waiver of Liability  and Hold Harmless Agreement (this "Agreement") and:

 

1.   Acknowledge, agree,  represent,  and  warrant  that  I  understand  the  nature  of  the  Program,  that  I understand  the Field  Locations  are operating facilities  which carry inherent  risk, and that I am fully aware of risks and hazards connected  with being at the Field Locations  and participating in the Program,  and I am fully aware that there may be risks and hazards and other social and economic losses unknown  to me connected  with participating in the Program  and being  present  at the Field  Locations.  I hereby elect  to voluntarily participate  in the Program,  knowing  that conditions  may be hazardous  or may become  hazardous or dangerous to me and my property.   I voluntarily assume  and fully accept all risks, both known and unknown, and accept full responsibility for any risks of loss, property damage,  or personal  injury, including permanent  disability,  paralysis, and death, that may be sustained by me, or any costs or loss or damage to property  owned  by me, as a result of my being a participant  in the Program,  whether caused by the negligence of Releasees, by my own actions or inactions,  the action or inaction  of others participating in the Program, or otherwise.

 

2.  I further  acknowledge, agree, represent  and warrant that if at any time I believe conditions to be unsafe, I will immediately take all precautions  to avoid  the unsafe area, discontinue further  participation in the Program,  and notify Releasees  of the condition. I agree, or as the parent(s) and/or legal guardian(s) I/we will instruct  the minor  participant  that, prior to participating in the Program,  to inspect  the facilities  and equipment  to be used,  if any, and if the participant  believes  anything  is unsafe, the participant  should  immediately advise  a representative of Gonzalez  Companies,  LLC of such  condition and refuse to participate. I also agree not to allow entrance  to the Field  Locations,  use of the Field Locations,  or participation  in the Program to anyone  who has not previously  been authorized entrance or use of the Field Locations  and participation  in the Program,  and who has not previously  agreed to protect, defend,  indemnify, and hold harmless  the Releasees,  defined  below.

 

3.  I, for myself or my minor  child, and any personal  representatives, assigns,  heirs, and next of kin hereby  release,  waive, discharge,  and covenant not to sue any owner(s)  or lessee(s)  of the Field  Locations  and the Office,  Gonzalez Companies, L.L.C., or any of their officers,  owners,  servants, agents,   administrators,  directors,   members,   volunteers,  representatives,  contractors,  instructors,  mentors,   parent   companies,   subsidiaries   and employees and  their  respective  successors, heirs,  or  assigns  (hereinafter  referred  to  as "Releasees") from  any  and  all  liability,  claims,  demands, actions,  losses, penalties, suits, and causes of action  whatsoever  arising out of or relating  to any loss, damage, or injury, including  death, that may be sustained  by me, or to any property  belonging  to me, whether  caused  by the negligence of the Releasees,  or otherwise,  including  negligent rescue operations, while  participating in the  Program,  or  while  in, on,  or upon  the Office  and/or  the Field  Locations  or any  Field  Locations  where  the Program  is being conducted, while in transit to or from the Field Locations  and/or the Office, or in any place or places connected  with the Program.

 

4. I further,  for myself or my minor child, and any personal  representatives, assigns,  heirs, and next of kin hereby  agree to indemnify, save, defend, and hold harmless the Releasees  and each of them, from any loss, liability,  claim, demand, action, damage, penalty, suit, cause of action, or costs they may incur due to my participation in the Program,  whether  caused  by the negligence of any or all of the Releasees,  by my own actions or inactions, the action or inaction of others  participating in the Program,  or otherwise.   In the event that if, despite this Agreement, I, or anyone on my or anyone on my minor child's behalf, makes a claim against any of the Releasees, I will indemnify, save, defend, and hold harmless the Releasees and each of them, from any loss, liability, claim, demand, action, damage, penalty, suit, cause of action, or costs they may incur as the result of such a claim.

5.  It is my express  intent  that  this  Agreement shall  bind  the members  of  my family  and  spouse,  if I (or the participant)  am alive,  and my heirs, assigns, personal  representative, or any other  agent  for my affairs, if I (or the participant) am deceased,  and shall  be deemed  as a Release,  Waiver, Discharge, and Covenant Not to Sue the above  named Releasees.  This Agreement shall be governed and construed in accordance with the laws of the state of Missouri, without regard to the conflict of laws provisions.

6.  In signing this Agreement, I acknowledge and represent  that: (A) I have read the foregoing  Agreement, understand  it, and sign it voluntarily  as my own free act and deed; (B) I understand  that my or my minor  child's participation in the Program,  including  travel to and from and presence  at the Field  Locations, involves  inherent  risk and  potentially  hazardous conditions; (C)  no oral  representation, statements  or inducements, apart from the foregoing  written  Agreement, have been made; (D) I am at least eighteen  (18) years of age and fully competent; (E) I have been advised to seek and have sought,  or had the opportunity to seek, such independent legal counsel  or other  advice  as I deem necessary  to enter  into this Agreement;  (F) I execute  this  Agreement  for  full,  adequate,  and  complete  consideration fully  intending  to  be  bound  by same  and  with  full  understanding  of  the agreements contained herein;  (G) I agree that if any provision  of this Agreement is held to be invalid, or unenforceable, the same shall not affect in any respect  whatsoever the validity  or enforceability of the remainder  of this  Agreement; (H) each  party consents to the  jurisdiction of the state courts located  in St. Louis  County, Missouri or  the  federal courts located in St. Louis  City,  Missouri for  any  legal  action  arising out  of or relating to the Program, the Office,  the  Field  Locations, this  Agreement or any  other agreement executed in connection herewith and  waive any  and  all rights to commence any action  against Releasees in any  jurisdiction except the situs  specified above; (I) each  party hereby waives its right to a trial  by  jury  in the  event  that litigation is commenced by either party with  respect to this  Agreement or  any  other agreement executed in  connection herewith; and (J)  I am aware that this is a release and waiver of liability to all Releasees and that by signing this Agreement I am giving up important and substantial legal rights and have signed it freely and without inducement or assurance of any nature and intend it to be a complete and unconditional release of ALL LIABILITY to the greatest extent allowed by applicable law. 

THIS MODEL RELEASE (the "Agreement") is made and entered into the date of agreement in this document (the "Execution Date"), BETWEEN: Gonzalez Companies, L.L.C. located  at 525  W. Main  Street,  Suite  125,  Belleville,  Illinois  62220   (the "Artist") OF THE FIRST PART AND Participant in this document. (the "Model") OF THE SECOND PART

BACKGROUND:

1. The Artist may choose or is currently engaged in the business of creating media, which includes but is not limited to engaging in the following activities for personal and commercial gain: filming, film/video editing, and film/video production; photography, photo editing, and photo production; digital photography, digital photo editing, and digital photo production; documentary production and editing; sound recordings; sound manipulation and music productions; television production; and web design and production.

 

2. The Model consents to being a subject of the Artist in media. The Model will allow the Artist to capture images/videos and sound recordings for use in media.

 

WHEREBY:

THE ARTIST IS RELEASED OF LIABILITY: For good and valuable consideration herein acknowledged as received, the Model releases the Artist and assigns permission to license all images and sound recordings and to use of images and sound recordings in any media for any purpose which may include, among others, advertising, promotion, marketing and packaging for any product or service. The Model agrees that any images and sound recordings may be combined with other images, text and graphics, cropped, altered and modified. Additionally, it is agreed that the Model might participate in “group photos” where other individuals beyond the Model receive and/or share, for a fee or otherwise, these “group photos” to locations such as, but not exclusive to, print and social media. Artist is not liable for other individuals’ actions in regards to the use of the media. The model also permits the use of any text material. The model hereby relinquishes any right to examine or approve the completed product or promotion or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied. The model hereby release, discharge and agree to save harmless the Artist, his/her heirs, legal representation or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability, whether intentional or otherwise, that may occur or be produced in the taking of said media or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

 

THE ARTIST RETAINS ALL RIGHTS: The Model agrees that the Artist has all rights to images and sound recordings, for perpetuity unless explicitly noted in this Agreement. The Model acknowledges and agrees that the Artist is not liable for any further consideration or accounting, and further claims for any reason.

 

DURATION OF AGREEMENT: The Model acknowledges and agrees that this Agreement is binding on all heirs and assigns. The Model acknowledges and agrees that this Agreement is irrevocable, worldwide and perpetual.

This Agreement contains the entire agreement between the parties to this release and the terms of this Agreement are contractual and not a mere recital. This Agreement will be construed in accordance with and governed by the laws of the State of Missouri.

 

IF THE MODEL (Listed as Participant) IS UNDER THE LEGAL AGE OF MAJORITY: I am the parent or legal guardian of the minor(s) named as the Model, and I have legal authority to execute this Agreement on the Model's behalf. I have read and fully understood the contents of this Agreement, and consent to the said use of images and sound recordings based on the contents of this Agreement.

In witness whereof, I have executed this Agreement as of the date set forth below:

MINOR RELEASE (for participants under age 18)

I, the minor's parent and/or legal guardian, understand the nature of the Program and the minor’s experience and capabilities and believe the minor to be qualified, in good health, and in proper physical condition to participate in the Program.  I hereby agree, for myself and my minor child, and any personal representatives, assigns, heirs, and next of kin of either of us, to be bound by all terms of this Agreement.