This Participant Release and Waiver of Liability (“Release”) is executed in favor of Pink STEM Science Technology Engineering Mathematics ("Organization"), an IRS recognized 501(c)(3) Georgia nonprofit corporation, by the individual signing below whether the actual participant or the parent/guardian of participant hereafter referred to as “Participant”. In consideration for the willingness of Organization to accept Participant in its ___________________ program, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Participant does freely, voluntarily and without duress execute the following Release for and on behalf of Participant and Participant’s heirs, successors, beneficiaries and assigns:
Organization is a nonprofit corporation whose mission is: “As the world evolves, so do we. We are guided by a vision of breaking the status quo in STEM – a world where all girl’s equal opportunity rights are no longer questioned, forgotten, or marginalized. We evolved from the mission of bridging the gap in STEM careers for girls and minorities to breaking the status quo in STEM for ALL girls.”
1. Waiver and Release. Participant releases, forever discharges, indemnifies, and holds harmless Organization and its directors, officers, employees, volunteers, agents, successors and assigns (collectively the “Released Parties”) from any and all liability, losses, costs, expenses, claims, demands and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to Participant’s activities with Organization (“Activities”), including, but not limited to (i) any claim for any bodily injury, personal injury, illness, death or property damage or (ii) any first aid or medical treatment rendered in connection with the Activities, that may arise out of, occur during or result from the Activities, regardless of whether caused in whole or in part by an act or omission of a Released Party. Participant also understands that, except as otherwise agreed to by a Released Party in writing, the Released Parties do not provide any financial assistance of any kind, including, but not limited to, medical, health or disability insurance coverage for any participant in Organization’s programs.
2. Activities. Activities may include but are not limited to attending and participating in STEM events, such as science fairs and other STEM programing; attending and participating in field trips; attending and participating in certain STEM activities, including interactive STEM activities; attending and participating in private tutoring sessions; and attending and participating in other activities consistent with Organization’s mission.
3. Assumption of the Risk. Participant understands that the Activities may be hazardous to Participant and inherently dangerous, including but not limited to handling chemical hazards (e.g., household chemicals, cleaning agents); encountering physical hazards (e.g., sharp objects, heat sources, protruding objects); encountering biological hazards (e.g., living organisms, environmental samples); encountering electrical hazards (e.g. batteries, circuits, wiring), as well as travel to and from locations where Organization is performing its services and potential exposure to individuals who may be infected with COVID-19 or other infectious diseases. Participant acknowledges that the Activities may involve risk of serious injury, including permanent disability, disfigurement or death, and severe social and economic losses might result not only from their own actions, inactions, or negligence, but the action, inaction or negligence of others, or the condition of the premises or equipment used. Participant hereby expressly and specifically assumes the risk of damage, injury, harm, or death in connection with the Activities.
4. Medical Treatment. Participant hereby authorizes the Released Parties to act on Participant’s behalf in providing first aid and securing medical treatment for Participant in the event of injury or illness to Participant. Participant understands and agrees that any expense will be Participant’s responsibility.
5. Media Release. Participant agrees to allow Participant to be photographed or recorded in other media, such as video or audio recordings, in connection with Activities or other activities or events of Organization. Participant grants and conveys to Organization all right, title and interest in any and all photographic images and video or audio recordings made by or for Organization during Participant’s participation in the Activities, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
6. Transportation Release. If the Activities involve Organization or Released Parties transporting Participant, then Participant authorizes Organization and/or Released Parties to transport Participant to and from Organization’s affiliated events and activities. Participant is fully aware of and accepts the special dangers and risks inherent in the operation of a motor vehicle, including physical injury, death or other consequences that may arise or result directly or indirectly from the operation of a motor vehicle. Participant releases, forever discharges, indemnifies and hold harmless the Released Parties from any and all liability, loss, costs or expenses sustained or incurred because (a) Participant was injured, died or sustained property loss or damage while being transported by any of the Released Parties, or (b) because Participant injured another person or damaged the property of another person while being transported by any of the Released Parties.
7. Confidentiality. Participant understands that it is the policy of Organization to ensure that the operations, activities, and affairs of Organization are kept confidential, unless the sharing of such information is approved in advance by the Founder & Executive Director, Tamika Ray-Head. Confidential information includes, but is not limited to, personal information about Organization’s clients, volunteers, employees, or other participants that is not generally known to others. In consideration for the opportunity to participate in Organization’s program, Participant agrees to refrain, both during and after the end of the participant relationship, from repeating to any outside source and to keep confidential all information or records pertaining to Organization’s clients, volunteers, employees, or other participants (that is not generally known to others) obtained while doing Activities. Participant acknowledges that any violation of confidentiality may result in termination of Participant’s participation in the Activities, and that Organization may take legal action against Participant, including but not limited to seeking temporary restraining orders or permanent injunctions to prevent the disclosure of confidential information in federal or state courts in Georgia.
8. Works Made for Hire. Participant agrees that any Materials (as defined below) created by Participant in the course of performing Activities for Organization are subject to the “Work for Hire” provisions contained in Sections 101 and 201 of the United States Copyright Law, Title 17 of the United States Code. “Materials” means any copyrightable work of authorship, including without limitation, any drawings, paintings, writings, graphical works, audiovisual works, sound recordings, content and any contribution to such materials. All right, title and interest to copyrights in all Materials which have been or will be prepared by Participant within the scope of participating in Organization’s program will be the property of Organization. Participant further agrees that, to the extent the provisions of Title 17 of the United States Code do not vest the copyrights to any Materials in Organization, Participant hereby grants Organization, its legal representatives and assigns, the absolute and perpetual right and permission to copyright and use, re-use, incorporate, publish, and reproduce, in any medium, electronic, print, or otherwise, the Materials and any derivations, modifications or recreations of the Materials in conjunction with the promotion and advertising of Organization or in conjunction with the provision of goods or services by Organization or for any other purpose whatsoever. Participant understands that Participant also may not post to any social media channels or distribute in any way any such Materials without the permission of Organization.
9. Miscellaneous. Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the state of Georgia, and that this Release will be governed by and interpreted in accordance with the laws of the state of Georgia without giving effect to its conflict of laws rules. Participant agrees that in the event that any clause or provision of this Release is held to be invalid by any court, the invalidity of that clause or provision will not affect the remaining provisions of this Release, which will continue to be enforceable. Participant agrees that the sole and exclusive jurisdiction and venue for litigation between Participant and Organization will be a state or federal court having jurisdiction over Houston, Georgia.
BY SIGNING, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT PARTICIPANT IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ORGANIZATION.