VIDEO/PHOTOGRAPH RELEASE FORM
I, either the Parent/legal guardian (“Myself”) of a workshop attendee (“My Child”), or a workshop volunteer (“Mentor”), hereby grant Jake’s House the irrevocable right and permission to collect and use the image of Myself or My Child or Mentor in its marketing, promotion, public relations and communication materials without compensation to me. I agree and consent to Jake’s House using such photographs and or video recordings for any lawful purpose.
I understand and agree that such photographs and/or video recordings may be placed on the Internet. I understand that Jake’s House cannot control unauthorized use of my photographs/video recordings by persons not associated with Jake’s House once the photograph/video recording has been published. I also understand and agree that My Child may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Jake’s House.
In giving my consent, I hereby forever release and hold harmless Jake’s House, its board members, employees and consultants from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
I hereby relinquish all personal or proprietary rights I may have in connection with such use. I understand that I will receive no compensation for use of the photo(s)/image(s).
ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND WAIVER OF CLAIMS
BY AGREEING TO THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
PLEASE READ CAREFULLY.
In consideration of JAKE’S HOUSE CHARITY (“Jake’s House”) permitting the individual named (“I” or “me” or “my”) to participate in [Minecraft Workshop] (the “Activities”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
1. ASSUMPTION OF RISKS: I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES INVOLVE POTENTIAL RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO, THE RISK OF INJURY, DEATH OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS AND HAZARDS, WHETHER CAUSED BY THE NEGLIGENCE OF JAKE’S HOUSE OR OTHERWISE.
2. Release: I hereby expressly waive and release any and all claims which I have or may in the future have against Jake’s House, its affiliates, and their respective directors, officers, employees, agents, representatives, owners, successors and assigns (collectively, “Releasees”), on account of injury, illness, death or property damage arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including without limitation, the negligence of Jake’s House or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise.
3. Covenant Not to Sue: I covenant not to make or bring any such claim against Jake’s House or any other Releasee, and forever release and discharge Jake’s House and all other Releasees from liability under such claims.
4. Indemnification: I shall defend, indemnify and hold harmless Jake’s House and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, in connection with any third-party claim, suit, action or proceeding arising out of or resulting from the Activities.
5. Entire Agreement: This Agreement constitutes the entire agreement of Jake’s House and me with respect to the subject matter contained herein and supercedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
6. Severability: If any term or provision of this Agreement is held to be 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.
7. Successors and Assigns. This Agreement is binding on and shall enure to the benefit of me and my heirs and next-of-kin, and Jake’s House and its successors and assigns.
8. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE JAKE’S HOUSE AND THE RELEASEES.