This is a legally binding Release and Waiver Agreement (this “Release”), made voluntarily by me, the undersigned with informed consent. In consideration of the permission of the above named student (the “Participant”) to participate in classes, instructions and or lessons (the “Activities”) at the facilities of the Venture Café Foundation, Inc. (“Venture Café”) and the use of Venture Café’s facilities, I, the undersigned (as parent or legal guardian of a Participant who is a minor), for myself, Participant, and our respective personal representatives, assigns, heirs, and next of kin, hereby:
1. RELEASE, WAIVE, and DISCHARGE Venture Café, its members, managers, directors, officers, agents, employees, and landlords, and each of their heirs, successors and assigns (collectively, "Releases") FROM ANY AND ALL LIABILITY FOR ANY AND ALL LOSS, INJURY, OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO PERSON OR PROPERTY OR RESULTING IN THE DEATH OF THE PARTICIPANT ARISING OUT OF OR RELATED TO THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES OR OTHERWISE. In addition, I COVENANT NOT TO SUE any of the Releases based upon any claim arising out of or in connection with any of the Activities.
2. ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS, INJURY, DEATH OR DAMAGE arising out of or related to the Activities whether caused by the negligence of Releases or otherwise. I acknowledge that I am freely and expressly assuming and accepting any and all risks of property damage, personal injury and death in connection with the Participant’s use of Venture Café’s facilities.
3 AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releases and each of them from any loss, liability, damage, or cost they may incur due to claims brought against the Releases arising out of my or the Participant’s injury, death, loss, or damage to my or the Participant’s property arising in connection with any Activities and whether caused by the negligence of the Releases or otherwise.
4. TECHNOLOGY USAGE All Technology is provided by the Timothy Smith Network (TSN), as a sponsor organization, we are required by TSN to provide demographic information on students including those using personal technology. By participating in programming users expressly waive any right of privacy in anything they create or store using the technology and network. Students using personal technology, similarly, waive their rights to privacy while participating in programming on property. Security on any computer system is a high priority. If a security problem is found, the Network Administrator (Alessandra Brown) should be notified at once. Students should never use another individual’s account. Unauthorized installation of programs or any software on computers is forbidden. No programs or software except data files in identified folders may be copied from class computers. Vandalism is defined as any intentional, reckless, or malicious attempt to harm or destroy data of another user or any other agencies or networks that are connected to the system. This includes, but is not limited to, the uploading or creation of computer viruses, tracking or mining software, and degrading or disrupting equipment or system performance. Any vandalism and theft of computers will result in legal action.
5. Understand that Venture Café from time to time produces promotional material relating to its programs. I understand that, as a participant, the above named child may be included in photographs and videos filmed at the Activities. Therefore, without reservation or limitations, I, hereby assign, transfer and grant to Venture Café, its successors, assignees, licensees the exclusive right to photograph and videotape the Participant and/or me and to utilize such photographs and videos and my name, face, likeness, voice and appearance as part of Venture Café in promoting similar future activities. I further understand that neither Venture Café nor any third party is under any obligation to exercise any of the foregoing rights, licenses and privileges. I waive any right to inspect or approve any materials related thereto.
6. Agree this Release shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its choice of law provisions. Any action or proceeding arising out of or related to this Release shall be brought only in the state or federal courts in Boston, Massachusetts. In the event that any provision in this Release is held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall be given full force and effect.