ADULT STUDENT RELEASE AND WAIVER AGREEMENT
Students who are under 18 should use the MINOR WAIVER found here.
This Release and Waiver Agreement (“Agreement”) is between: (1) the Social Fabric Collective (“Nonprofit”), a nonprofit with an office at 312 Wyoming Avenue, Wyoming, PA 18644 (“we,” “us,” and “our”); and (2) ________________________________ (Student Name), an adult residing at _______________________________________________________________________________________ (Student Address) (“you” and “your”).
As part of our nonprofit mission, we provide loaner equipment and offer programs that teach young students about photography (“Program”). You are a person who is over the age of 18 and wishes to participate in the program (“Student”). Our policy requires that you enter into this Agreement before you can participate in the program.
So intending to be legally bound, the parties agree as follows:
1.1. “Representatives” means any affiliated entity, employee, student, volunteer, trustee, director, officer, legal representative, agent, administrator or assign.
1.2. “Media Items” means photographs, video recordings, or audio recordings.
2. Rules and Regulations. You must comply with our rules and regulations.
3. Acknowledgement and Assumption of Risk. You acknowledge that there are inherent risks associated with you participating in the Program. For instance, you may have to travel to different areas to take photos and you may suffer bodily harm during the travel. You agree to assume all responsibility for all risks associated with you participating in the Program.
4. Release. You hereby release us and our Representatives from all liability from all claims, causes of action, injuries, damages, judgments, costs or expenses (including attorney’s fee) that are in any way related to this Agreement or your participation in the Program, including without limitation, those based on death, bodily injury, property damage, including consequential damages. The only exception to this release is if the damages are caused by our willful negligence or gross misconduct.
5. Indemnification. You agree to indemnify us and our Representatives against all claims, causes of action, injuries, damages, judgments, costs or expenses (including attorney’s fee) that are in any way related to this Agreement or your participation in the Program.
6. Damages to Our Facilities and Equipment. As part of the Program, you will use our facilities and equipment. If you negligently, willfully, or intentionally damage the facilities or the equipment, you must pay for all damages. If we lent any items to you, you are responsible for any items that you fail to return to us.
7. Model Release. During the course of the Program, we may produce Media Items where you are the subject of the Media Items. You hereby grant us an irrevocable, nonexclusive, perpetual, worldwide, non-royalty bearing right to use, copy, edit, alter, broadcast, and publish such Media Items for any lawful purpose including commercial purposes.
8. Photograph, Video, and Audio Release. During the course of the Program, you may produce Media Items. You hereby grant us an irrevocable, nonexclusive, perpetual, worldwide, non-royalty bearing right to use, copy, edit, alter, broadcast, and publish such Media Items for any lawful purpose including commercial purposes.
9. Our Remedies. If you breach any part of this Agreement, we may sue you for all available damages, interests, costs, including reasonable attorney’s fees.
10. Governing Law and Venue. Pennsylvania law will govern all matters arising under this Agreement without regard to any choice-of-law rules. Any dispute arising out of this Agreement must be litigated in the Court of Common Pleas of Luzerne County or the United States District Court for the Middle District of Pennsylvania.
11. Severability. If any part of this Agreement is unenforceable to any extent for any reason, the rest of the Agreement will remain fully enforceable.
12. Modification. The parties may not modify this Agreement except in writing signed by both parties.
13. Effective Date. This Agreement will become effective when both parties have signed it. The date this Agreement is signed by the second party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date of this Agreement. If a party signs but fails to date a signature, the date that the other party receives the signing party’s signature will be deemed to be the date that the signing party signed this Agreement.
14. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to its subject matter. It supersedes all other oral or written agreements or communications between the parties.
Social Fabric Collective
Please sign and return by mail: Social Fabric Collective, 312 Wyoming Avenue, Wyoming, Pa 18644