BE BOLD FOR CHANGE
PARTICIPATION AGREEMENT &WAIVER
PLEASE READ CAREFULLY
The participant named below (hereinafter referred to as “Participant”), desires to participate in activities, which may include activities such as in-person camps, trainings, workshops and community and team-building exercises (the “In-Person Activities”), virtual camps, trainings, workshops and community and team-building exercises (the “Virtual Activities”), and guided or self-directed athletic and fitness activities such as self-defense training (the “Physical Activities” and, collectively with the In-Person Activities and Virtual Activities, the “Activities”) provided by, through, or in conjunction with Be Bold for Change, a Washington nonprofit corporation (“Be Bold for Change”, “we” or “our”). The parent/guardian of Participant named below (“Parent,” and together with Participant, “you” or “your”) hereby grants Participant permission to partake in the Activities. In consideration of the education and services Be Bold for Change provides to Participant, Participant and Parent each agree to all of the terms and conditions set forth in this agreement (this “Agreement”).
RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNITY
PARTICIPANT AND PARENT ARE AWARE AND UNDERSTAND THAT PARTICIPATION IN THE ACTIVITIES MAY BE DANGEROUS AND INVOLVE THE RISK OF SERIOUS ILLNESS, INJURY AND/OR DEATH, AND/OR PROPERTY DAMAGE, AND EACH OF YOU VOLUNTARILY ASSUMES THE RISKS, KNOWN AND UNKNOWN, RELATED TO THE ACTIVITIES, INCLUDING ACTS, OMISSIONS, INSTRUCTIONS, OR RECOMMENDATIONS BY BE BOLD FOR CHANGE OR ITS EMPLOYEES OR AGENTS. WITH RESPECT TO VIRTUAL ACTIVITIES AND SELF-DIRECTED PHYSICAL ACTIVITIES, YOU UNDERSTAND THAT BE BOLD FOR CHANGE EMPLOYEES AND AGENTS ARE NOT PHYSICALLY PRESENT WITH PARTICIPANT AND MAY NOT BE ABLE TO MONITOR PARTICIPANT’S INVOLVEMENT IN THE ACTIVITIES, RESPOND TO EMERGENCIES, OR OBTAIN MEDICAL TREATMENT FOR PARTICIPANT, AND YOU VOLUNTARILY ASSUME THE RISKS ASSOCIATED WITH THE VIRTUAL ACTIVITIES AND PHYSICAL ACTIVITIES. PRIOR TO ENGAGING IN ANY PHYSICAL ACTIVITY, BE BOLD FOR CHANGE RECOMMENDS THAT PARTICIPANT OBTAIN A PHYSICAL EXAMINATION FROM A DOCTOR. TO THE EXTENT BE BOLD FOR CHANGE OR ITS AGENTS BECOME AWARE OF ILLNESS AND/OR INJURY OF PARTICIPANT REQUIRING EMERGENT TREATMENT AND PARENT CANNOT BE REACHED, PARENT AUTHORIZES BE BOLD FOR CHANGE STAFF MEMBERS AND OTHER AGENTS TO OBTAIN NECESSARY MEDICAL TREATMENT FOR PARTICIPANT. UPON REQUEST, PARTICIPANT AND PARENT WILL PROVIDE TO BE BOLD FOR CHANGE ACCURATE EMERGENCY CONTACT INFORMATION AND THE CORRECT PHYSICAL ADDRESS OF PARTICIPANT SUCH THAT BE BOLD FOR CHANGE CAN DIRECT EMERGENCY RESPONDERS TO PARTICIPANT AS AND TO THEEXTENT NEEDED DURING VIRTUAL ACTIVITIES.
PARTICIPANT AND PARENT ACKNOWLEDGE THAT ANY INJURIES THAT PARTICIPANT SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF BE BOLD FOR CHANGE OR OTHERS. PARTICIPANT AND PARENT EACH ACKNOWLEDGE THAT PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF ILLNESS, INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF BE BOLD FOR CHANGE OR OTHERWISE.
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Parent further acknowledges and understands that Parent will be solely responsible for any and all medical and related bills that may be incurred on behalf of Participant for any illness and/or injury that Participant may sustain during the Activities and, if applicable, while traveling to and from the Activities. To the extent Be Bold for Change incurs any such expenses in connection with Participant’s illness and/or injury, Parent will promptly reimburse Be Bold for Change such amount.
Participant and Parent hereby expressly WAIVE and RELEASE any and all claims, now known or hereafter known, against Be Bold for Change, and its officers, directors, board advisors, employees, agents, affiliates, members, successors, and assigns (collectively, the “Representatives”), on account of loss, injury, death, or property damage arising out of or attributable to Participant’s participation in the Activities, whether arising out of the negligence of Be Bold for Change, any other Representative, or otherwise. Participant and Parent each covenant not to make or bring any such claim against Be Bold for Change or any other Representative, and forever RELEASE and DISCHARGE Be Bold for Change and all other Representatives from liability under such claims.
In addition, Participant and Parent understand that prior to participating in specific Activities, Participant and/or Parent may be required to further RELEASE Be Bold for Change, the Representatives and/or certain third-party service providers, and that the foregoing release, and any additional releases, are conditions to Participant’s involvement in the program and such additional Activities.
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Participant and Parent shall DEFEND, INDEMNIFY, and HOLD HARMLESS Be Bold for Change and all other
Representatives against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by or awarded against Be Bold for Change or other Representatives arising out of or resulting from any claim of a third party caused by, arising from, or related to Participant’s negligence or reckless behavior or breach of this Agreement.
VIRTUAL ACTIVITIES
With respect to Virtual Activities, Parent will be solely responsible for any hardware, software, internet, cellular, broadband, or other charges that may arise in connection with Participant’s participation in the Virtual Activities. Neither Participant nor Parent will share Participant’s unique Virtual Activity log-in credentials or permissions with others, nor will you allow others (other than Participant) to participate in or view recordings of the Virtual Activities. You are solely responsible for the maintenance and security of your devices and systems, and for any losses that may be incurred by Be Bold for Change, its Representatives, and the other participants related to the foregoing.
PUBLICITY RIGHTS
Participant and Parent understand that in connection with the Activities, Participant may participate in events or video meetings, and Be Bold for Change occasionally records such events or meetings or otherwise takes photographs, videos, interviews, and voice recordings during Be Bold for Change programs during the Activities. Be Bold for Change may desire to use Participant's name, image, voice, likeness, and other characteristics for advertising, promotion, publicity, public relations, or other commercial and business purposes. In consideration for the education and services Participant receives from Be Bold for Change and other good and valuable consideration, the receipt and sufficiency of which Participant and Parent hereby acknowledge, Participant and Parent authorize, grant, and license Be Bold for Change and its Representatives, and each of their licensees and agents, the right to film, record, use, reproduce and display and video Participant, and the nonexclusive, irrevocable, worldwide, perpetual, assignable right to distribute, publicly perform, exhibit, record, display, reproduce, broadcast, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, transmit, sell, or license, or otherwise use, in whole or in part, Participant’s name, likeness, image, appearance, voice, biographical data, personal characteristics, quotes, and testimonials, or any derivatives thereof, and all materials created by or on behalf of Be Bold for Change that incorporate any of the foregoing (the “Materials”), in any medium or format existing or hereafter created, on any platform, and for any purpose, without further consent from Participant or Parent. Participant
and Parent agree that neither Participant, Parent, nor any other parent, guardian, or agent, will be entitled to or will be paid any fee or royalty in connection with this release or the rights granted herein. Be Bold for Change will be the exclusive owner of all rights, including copyrights, in the Materials. Participant and Parent irrevocably transfer, assign, and convey to Be Bold for Change Parent’s and Participant’s entire right, title, and interest, if any, in and to the Materials, and all copyrights and other intellectual property rights in the Materials, including all registration, renewal, and reversion rights, and the right to sue to enforce such rights against infringers. Participant and Parent agree that neither Participant nor Parent will have the right to review or approve the Materials prior to use, the Materials may be altered without Participant’s or Parent’s consent, and, although Be Bold for Change will have the right to identify Participant by name, it is not obligated to do so. Participant and Parent hereby irrevocably WAIVE any claims, demands, actions, or suits Participant or Parent may have now or in the future against Be Bold for Change related to the rights granted herein, including claims for copyright, infringement of trademark
rights or moral rights, libel, defamation, invasion of privacy, violation of rights of publicity, and similar claims arising out of the use of the Materials, and covenant not to bring any claims against Be Bold for Change or its Representatives with respect to the foregoing. Participant and Parent agree to the terms of this release and the rights granted herein and agree that the foregoing release and license are irrevocable to the fullest extent permitted by applicable law.
PRIVACY POLICY
Be Bold for Change respects your privacy and is committed to maintaining and responsibly using any personal information we collect from you. Be Bold for Change has established its privacy policy to let you know the kinds of personal information we may gather when you register for or participate in certain Be Bold for Change events, products, or services, why we gather information, what we use your personal information for, when we might disclose your personal information, and how you can manage your personal information. By signing this Agreement, you are accepting the practices described in the privacy policy published on our website on behalf of yourself and on behalf of each Participant you register. In addition, as the parent or guardian of Participant, you are hereby providing your express consent and permission for Be Bold for Change and its service providers to collect, retain, and disclose personal information directly from each Participant as described in our privacy policy. Please note that Be Bold for Change may update its privacy policy from time to time without notice. Whenever we make a change, we will post the updated policy on beboldforchange.org, and following the posting of a change in the privacy policy, you agree to be bound to the updated policy.
MISCELLANEOUS
Parent represents and warrants that (a) Parent has authority to enter into this Agreement on behalf of Participant or anyone else who has legal rights related to Participant or (b) everyone else with legal rights regarding Participant has signed this Agreement. This Agreement, along with the Official Rules governing the Be Bold Changemaker Challenge, the privacy policy and any other terms of service and located at beboldforchange.org constitutes the sole and entire agreement of Be Bold for Change, Parent and Participant 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 Be Bold for Change and its 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 Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington 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 King County, Washington and Participant and Parent, individually and on behalf of Participant, hereby consent to the exclusive jurisdiction of such courts.