MINOR (under 18) STUDENT RELEASE AND WAIVER AGREEMENT FOR LEGAL GUARDIANS
Students who are 18 or older should use the ADULT 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) ___________________________________(parent or legal guardian), an adult residing at _________________________________________________________________________________________(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 the legal guardian for (“Student”) — a minor who wishes to participate in the Program. Our policy requires that you enter into this Agreement before the Student 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. Representations. You represent to us that: (a) the Student is _______________ years old and was born on _______________________; (b) you have the power to enter into this Agreement; and (c) you have permissions from other legal guardians of the Student (if any) to enter into this Agreement.
3. Rules and Regulations. You must take steps to ensure that the Student complies with our rules and regulations.
4. Acknowledgement and Assumption of Risk. You acknowledge that there are inherent risks associated with the Student participating in the Program. For instance, the Student may have to travel to different areas to take photos and the Student may suffer bodily harm during the travel. You agree to assume all responsibility for all risks associated with the Student participating in the Program.
5. 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 the Student’s 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.
6. 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 the Student’s participation in the Program.
7. Damages to Our Facilities and Equipment. As part of the Program, the Student will use our facilities and equipment. If the Student negligently, willfully, or intentionally damages the facilities and the equipment, you must pay for all damages. If we lent any items to the Student, you are responsible for any items that the Student fails to return to us.
8. Age of Majority. During the course of the Program, the Student may become 18 years old. If that happens, the Student must sign a new release-and-waiver agreement before the Student can continue with the Program. If the Student fails to do so within 10 days of turning 18 years old, we may disallow the Student from participating in the Program until the Student signs the new agreement.
9. Model Release. During the course of the Program, we may produce Media Items where the Student is 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.
10. Photograph, Video, and Audio Release. During the course of the Program, the Student 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.
11. Our Remedies. If you breach any part of this Agreement, we may sue you or the Student for all available damages, interests, costs, including reasonable attorney’s fees.
12. 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.
13. Severability. If any part of this Agreement is unenforceable to any extent for any reason, the rest of the Agreement will remain fully enforceable.
14. Modification. The parties may not modify this Agreement except in writing signed by both parties.
15. 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.
16. 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
( Jamie Smith)
Please sign and return by mail: Social Fabric Collective, 312 Wyoming Avenue, Wyoming, Pa 18644