CONSENT AND RELEASE AGREEMENT
RELEASE OF AND WAIVER OF LIABILITY
Participant as a condition of and as consideration for the willingness of Girl Talk, Inc. ("Organization") to accept Participant as a participant in its Girl Talk Camp, 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 Consent and Release Agreement and Release and Waiver of Liability ("Release") for and on behalf of him/herself/themself and his/her/their heirs, successors, beneficiaries and assigns:
1. Release and Waiver of Liability. Participant releases, forever discharges, indemnifies, and holds harmless the Organization and its directors, officers, employees, volunteers, agents, successors and assigns, partners and sponsors (including, but not limited to Dove, Sam’s Club, Barbie, Pro Volleyball Federation and Aerie), and Holy Innocents' Episcopal School, Inc. and its governing board, directors, officers, employees, volunteers, agents, successors and assigns (collectively the "Released Parties") from any and all liability, 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 at Girl Talk Camp ("Activities"), including but not limited to any claim for any bodily injury, personal injury, illness, death or property damage 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 asistance of any kind, including but not limited to medical, health or disability insurance coverage for any Participant in Organization's programs.
PARTICIPANT UNDERSTANDS THAT THIS RELEASE DISCHARGES THE RELEASED PARTIES FROM ANY LIABILITY OR CLAIM THAT PARTICIPANT MAY HAVE AGAINST THE RELEASED PARTIES WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
2. Medical Treatment. Participant releases, forever discharges, indemnifies, and holds harmless the Released Parties from any claim, demand or cause of action whatsoever arising out of or relating to any first aid or medical treatment rendered in connection with Girl Talk Camp.
3. Assumption of the Risk. Participant understands that Girl Talk Camp may involve activities that may be hazardous to the Participant and inherently have dangerous risks, including but not limited to travel to and from Girl Talk Camp, using art supplies including scissors, and performing movement exercises. Participant hereby expressly and specifically assumes the risk of damage, injury, harm or death in connection with the Girl Talk Camp.
4. COVID-19. In addition to any other risks posed by participating with the Organization, Participant understands that, despite any safety precautions being taken by the Organization, by participating in Girl Talk Camp with the Organization, there is a risk of potential exposure to COVID-19 or any other harmful virus or bacteria, which may result in illness or death. Participant releases, forever discharges, indemnifies, and holds harmless the Released Parties from any and all liability, claim, costs, or expense related to such risk.
5. Insurance. GIRL TALK, INC. DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE OF ANY NATURE IN THE EVENT OF MY INJURY, ILLNESS, OR DEATH, OR DAMAGE TO OR LOSS OF MY PROPERTY.
6. Transportation Release. Participant releases, forever discharages, indemnifies and holds 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. Participant releases, forever discharges, indemnifies and holds harmless the Released Parties from any and all liability, loss, costs or expenses sustained or incurred while being transported from Girl Talk Camp.
7. Copyrights and Usage. I hereby grant to the Released Parties the right and permission, in respect of any photographs, videos and/or audio recordings which any of its members, officers, directors, employees, contractors, volunteers, representatives, successors and assigns may take or have taken of the Participant, or in which the Participant may be included with others, to copyright the same in the name of the Released Parties or otherwise; to use, reuse, publish and re-publish the same, in whole or in part, in conjuction with any printed/video/audio matter in any and all media now or hereafter known, including web pages, electronic mails, social and the like, for illustration, art, promotion, advertising, fundraising or any other purpose; and to use Participant's own or a fictitious name, likeness and any statement made by Participant in connection therewith if Released Parties so choose, without payment or any other consideration.
8. Ownership, Modification, and Publication. I understand and agree that any such photographs, videos and audio recordings, including without limitation all negatives, prints and digital reproductions thereof, shall be and will become the property of the Released Parties. I hereby irrevocably authorize the Released Parties to edit, alter, digitally compose, copy, exhibit, publish or distribute any such photographs, videos, and audio recordings for purposes of publicizing Girl Talk's programs and activities or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product or products or the advertising copy or printed matter, whether written or electronic, of any such material in which my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use or publication of any such photographs, videos, and audio recordings.
9. Release and Hold Harmless. I release, discharge, and agree to hold harmless and defend the Released Parties and any and all of its members, officers, directors, employees, contractors, volunteers, representatives, successors and assigns from any liability by virtue of any reason in connection with the making and use of any such photographs, video and audio recordings, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the making of said photographs, video and audio recordings or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.
10. Podcast. By signing below, the Participant also gives consent to the audio and video recordings referenced above being used in or as future Girl Talk podcast episodes. The Participant will not receive compensation and waives any rights for inspection or approval.
11. 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 of competent jurisdiction, 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 Fulton County, Georgia.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.