Photo & Video Release
I hereby grant permission to Driving Force Group - Tyronn Lue C2C Fund (C2C) to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed by C2C and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording.
Photographic, audio or video recordings may be used for the following purposes, but not limited to:
- Newsletters, flyers, posters, brochures, and advertisements
- Fundraising letters and annual reports
- Press kits and submissions to journalists,
- Websites, social networking sites and other print and digital communications, without payment or any other consideration.
There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
By signing this form I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.
ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND WAIVER OF RIGHTS
*BY SIGNING THIS DOCUMENT YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE DRIVING FORCE GROUP, AN OHIO NONPROFIT CORPORATION (THE “COMPANY”), AND ITS INDIVIDUAL DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY WITH THE COMPANY, THE “RELEASED PARTIES”).
*THIS DOCUMENT IS A CONTINUING DOCUMENT THAT REMAINS IN FULL FORCE AND EFFECT WITH RESPECT TO ANY PARTICIPATION IN ANY ACTIVITY (DEFINED BELOW). IT IS YOUR RESPONSIBILITY TO NOTIFY THE RELEASED PARTIES IF YOU ARE NOT WILLING TO PARTICIPATE IN ANY ACTIVITY AND BY SIGNING THIS DOCUMENT YOU AGREE THAT ANY PARTICIPATION IN ANY ACTIVITY (WHETHER IN PART OR IN FULL) WILL BE SUBJECT TO THE WAIVER OF CERTAIN LEGAL RIGHTS AS SET FORTH HEREIN.
*IN THE EVENT THAT A MINOR WILL BE THE PARTICIPANT IN THE ACTIVITY, SUCH MINOR’S PARENT OR LEGAL GUARDIAN WILL BE REQUIRED TO EXECUTE THIS DOCUMENT ON BEHALF OF SUCH MINOR. BY SIGNING THIS DOCUMENT IN SUCH CAPACITY, YOU ARE AGREEING TO WAIVE CERTAIN LEGAL RIGHTS ON BEHALF OF SUCH MINOR.
The individual named below (referred to as “I” or “me”) desires to participate in a summer reading program that will involve classroom instruction, food and drink consumption, and various recreational activities at the direction of the Released Parties, (collectively, the “Activity”). As lawful consideration for being permitted by the Released Parties to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY CONSIST OF DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS ILLNESS, PERSONAL INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. FURTHER, I ACKNOWLEDGE THE RISK THAT I MAY BE EXPOSED TO COVID-19 OR OTHER INFECTIOUS DISEASES WHEN PARTICIPATING IN THE ACTIVITY, WHICH MAY ALSO INVOLVE THE RISK OF SERIOUS ILLNESS, PERSONAL INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE RELEASED PARTIES. THESE MAY RESULT NOT ONLY FROM MY OWN ACTIONS, INACTIONS, OR NEGLIGENCE, BUT ALSO FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF OTHERS, OR THE CONDITION OF THE FACILITIES, EQUIPMENT, OR MACHINERY IN CONNECTION WITH THE ACTIVITY. FURTHER, THERE MAY BE OTHER RISKS NOT KNOWN TO ME OR REASONABLY FORESEEABLE AT THIS TIME. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED, I UNDERSTAND AND I HAVE CONSIDERED THE RISKS INVOLVED, AND I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF SERIOUS ILLNESS, PERSONAL INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. I SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS NOT INTENDED TO BE A GENERAL RELEASE SUBJECT TO LIMITATIONS AND CONDITIONS THAT WOULD OTHERWISE APPLY UNDER APPLICABLE STATE LAWS, ORDINANCES, STATUTES, RULES, AND REGULATIONS (COLLECTIVELY, “APPLICABLE LAW”), AND ADDITIONALLY AGREE TO WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. THIS AGREEMENT SHALL BE CONSTRUED AND INTERPRETED AS BROADLY AS POSSIBLE UNDER THE APPLICABLE LAW OF THE JURISDICTION IN WHICH THE ACTIVITY TAKES PLACE.
I fully and forever release and discharge the Released Parties from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of any of the Released Parties. I will not initiate any claim, lawsuit, court action, or other legal proceeding or demand against any of the Released Parties, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold any of the Released Parties responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of any of the Released Parties. I waive my insurers’ right to make a claim against any of the Released Parties based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against any of the Released Parties.
I confirm that I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity. I covenant and agree to follow all instructions, recommendations, and cautions of the Released Parties or other persons conducting the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or that I am no longer in good health, I will immediately discontinue further participation in the Activity.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Released Parties from any claim based on such treatment or other medical services.
I shall defend, indemnify, and hold harmless the Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by indemnified party, arising out or resulting from any claim of a third party related to my participation in the Activity.
This Agreement constitutes the sole and entire agreement of the Released Parties and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Released Parties and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Ohio and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES. I HAVE SIGNED THIS AGREEMENT FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE BEING MADE TO ME.
***CONCUSSION PROTOCOL ***
What is a Concussion?
National Athletic Trainers Association (NATA) - A concussion is a “trauma induced alteration in mental status that may or may not involve loss of consciousness.”
Centers for Disease Control and Prevention (CDC) - “A concussion is a type of traumatic brain injury, or TBI, caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce around or twist in the skull, stretching and damaging the brain cells and creating chemical changes in the brain.”
Even a “ding,” “getting your bell rung,” or what seems to be mild bump or blow to the head can be serious.”
CDC, Heads Up: Concussion Fact Sheet for Coaches
Section 1. Concussion Education Plan Summary
Our concussion protocol outlines:
1. The recognition of signs or symptoms of a concussion.
2. The necessity of obtaining proper medical attention for a person suspected of having sustained a
concussion
3. The nature and risks of concussions, including the danger of continuing to engage in athletic activity
after sustaining a concussion.
4. The proper procedures for allowing a student-athlete who has sustained a concussion to return to
athletic activity.
5. Current best practices in the prevention and treatment of a concussion.
Section 2. Signs and Symptoms of a Concussion: Overview
A concussion should be suspected if any one or more of the following signs or symptoms are present, or if the coach/evaluator is unsure, following an impact or suspected impact as described in the CDC definition above.
Signs of a concussion may include (i.e. what the athlete displays/looks like to an observer):
Confusion/disorientation/irritability
Trouble resting/getting comfortable
Lack of concentration
Slow response/drowsiness
Incoherent/slurred speech
Slow/clumsy movements
Loss of consciousness
Amnesia/memory problems
Acts silly, combative or aggressive
Repeatedly asks the same questions
Dazed appearance
Restless/irritable
Constant attempts to return to play
Constant motion
Disproportionate/inappropriate reactions
Balance problems
Symptoms of a concussion may include (i.e. what the athlete reports):
Headache or dizziness
Nausea or vomiting
Blurred or double vision
Oversensitivity to sound/light/touch
Ringing in ears
Feeling foggy or groggy
A coach MUST immediately remove a student-athlete from participating in any intramural or interscholastic athletic activity who: a) is observed to exhibit signs, symptoms or behaviors consistent
with a concussion following a suspected blow to the head or body, or b) is diagnosed with a concussion, regardless of when such concussion or head injury may have occurred. Upon removal of the athlete, a qualified school employee must notify the parent or legal guardian that the student athlete has exhibited signs and symptoms of a concussion.
Removal From and Return To Play (RTP):
A coach shall immediately remove any youth athlete from a game, competition, or practice if any of the
following occurs:
The youth athlete reports any defined sign or symptom of a concussion and is reasonably suspected of having sustained a concussion.
The coach, athletic trainer, or official determines that the youth athlete exhibits any defined sign or symptom of a concussion and reasonably suspects that the youth athlete has sustained a concussion.
The coach or official is notified that the youth athlete has reported or exhibited any defined sign or symptom of a concussion and is reasonably suspected of sustaining a concussion by any of the following persons:
A licensed, registered, or certified medical healthcare provider operating within his scope of practice. The medical healthcare provider performing an evaluation, upon a youth athlete suspected of sustaining a concussion or brain injury may be a volunteer.
Any other licensed, registered, or certified individual whose scope of practice includes the recognition of concussion symptoms. The individual performing an evaluation, upon a youth athlete suspected of sustaining a concussion or brain injury, may be a volunteer.
If a youth athlete is removed from play and the signs and symptoms cannot be readily explained by a
condition other than concussion, the coach shall notify the athlete's parent or legal guardian and shall not
permit the youth athlete to return to play or participate in any supervised team activities involving physical exertion, including games, competitions, or practices, until the youth athlete is evaluated by a healthcare provider and receives written clearance from the healthcare provider for a full or graduated return to play.
After a youth athlete who has sustained a concussion or head injury has been evaluated and received
clearance for a graduated return to play from a healthcare provider, an organization or association of
which a school or school district is a member, a private or public school, a private club, a public recreation
facility, or an athletic league may allow a licensed athletic trainer with specific knowledge of the athlete's
condition to manage the athlete's graduated return to play.