understand that Eluna desires to use certain audio or visual
works in which my child or I might appear (e.g. video or photographs) and
certain information about my child or me, in connection with my child's or my participation
in Camp Mariposa® as a camper, employee, volunteer or visitor. I understand these audio or visual works may
be used to advertise, promote, distribute, market, research, obtain funding for
and sell various services, including Camp Mariposa and its related activities. I
also understand that, as part of my or my child’s participation in Camp
Mariposa, I or my child may be exposed to or experience Harm (defined below),
including as a result of infection by COVID-19
(also known as SARS-CoV-2 or the coronavirus) (“COVID 19”). By
this Consent and Release Agreement (“Consent
and Release”), I hereby grant certain rights to Eluna and release Eluna from
certain liabilities, on behalf of myself (if I am a camper, employee, volunteer or visitor) or on behalf of my child (if I am the parent or guardian
of a minor camper, employee, volunteer or visitor). This Consent and Release confirms my child's
and my grant of rights and our agreement is as follows:
1. Grant of Rights. For good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
I, on behalf of myself and my child, hereby grant to Eluna and its directors,
officers, employees, agents, representatives, contractors, successors, and
assigns the perpetual, irrevocable, royalty-free, non-exclusive,
worldwide, sublicensable right and license to: (a) use, edit, reproduce,
modify, portray, publish, copy, distribute, create derivative works from, publicly
perform and display without restriction all or portions of my or my child's identity
and my or my child's experience at Camp Mariposa, including without limitation
my or my child's name, fictional names (if any), voice, signature, photograph,
words, image, personality or other likeness of me or my child, and any audio
and video recordings of me or my child or remarks and statements made by me or my
child (“Images and Remarks”); and,
(b) create other materials or copyright-protected works using or
incorporating my or my child's Images and Remarks in any form or manner,
including in any electronic or non-electronic medium now known or later
devised, in connection with Camp Mariposa for advertising, distribution,
marketing, promotion, publicity, research, reporting or any other lawful
purpose (“Promotional Materials”). I understand that this Consent and Release will
cover all of my or my child(ren)’s future participation at any Camp Mariposa
activities.
I waive any of my or my child's right to own, inspect, approve
or receive any payment or attribution with respect to any works or Promotional
Materials using my or my child's Images and Remarks, any accompanying written
copy or printed matter, or the use to which it is applied. I understand and agree that the Images and
Remarks, and Promotional Materials containing or based on my or my child's Images
and Remarks may be used without any restriction as to changes or alterations,
and may be modified, used in derivative works, distorted, included in
composites or otherwise used in unexpected contexts, manners, or forms, or may
not be used at all, and I grant Eluna all necessary rights to do the foregoing. To the extent moral rights in my or my
child's Images and Remarks or any Promotional Materials may not lawfully be
waived, I hereby agree not to bring any actions or claims against Eluna therefor.
2. Contact. Unless I opt
out below, I agree to receive information/news/updates and other communications
in hard copy, via electronic delivery, via telephone and other means from Eluna. I hereby consent to collection and disclosure
of my mailing address, email address and phone number to Eluna for such
purposes, unless I opt out below.
3.
Release. I, on behalf of myself and my child, hereby
fully and forever release, discharge, and agree to indemnify, defend and hold
harmless Eluna and its directors, officers, employees and advisors (collectively,
the “Released Parties”) from any and
all claims, demands, causes of action,
damages (including without limitation direct, indirect, incidental,
consequential, special or punitive damages), losses, expenses and liabilities
(whether under contractor, warranty or tort, including negligence (whether
active, passive, or imputed)) relating to any claim that my child or I
may have, now or in the future, based on: (a) any usage or adaptation, whether intentional or unintentional, of my or
my child's Images and Remarks or portions thereof, or works or materials
derived therefrom including, but not limited to, claims for libel, defamation,
invasion of privacy or rights of publicity, infringement or violation of moral
rights or any other right arising out of, or relating to, any use of my or my child's
Images and Remarks, including by virtue of any blurring, distortion,
alteration, optical illusion, or use in composite form, whether intentional or
otherwise, or based upon any failure or omission to make use thereof; or (b)
death, personal injury, property damage, pecuniary or other loss, damage, cost
or expense (collectively, “Harm”) that may be suffered by my child, me or any third
party as a result of, or in connection with, my or my child's participation in,
volunteering for, or employment by Camp Mariposa, including any Harm or
infection caused by exposure to COVID-19 that I or my child(ren) may experience
by attending Camp Mariposa activities. Camp Mariposa and Eluna cannot guarantee that you/you and your
child(ren) will not become infected with COVID-19. Further, attending Camp Mariposa activities could increase
your risk and your child(ren)’s risk of contracting COVID-19. By signing
this Consent and Release, I understand the contagious nature of COVID-19 and
voluntarily assume the risk that I or my child(ren) and I may be exposed to or
infected by COVID-19 by attending Camp Mariposa activities, and that such
exposure or infection may result in personal injury, illness, permanent disability,
or death. I understand that the risk of becoming exposed to or infected by
COVID-19 at Camp Mariposa activities may result from the actions, omissions, or
negligence of myself and/or others, including, but not limited to, Eluna, Camp Mariposa
and their respective directors, officers, employees, agents, volunteers, or
program participants and their families. I understand that this waiver will
cover all of my or my child(ren)’s future participation at any Camp Mariposa
activities. I voluntarily assume all of the foregoing risks and accept sole
responsibility for any illness or injury to myself/to myself and my child(ren),
including, but not limited to, personal injury, disability, and death, damage,
loss, claim, liability, or expense, of any kind, that I or my child(ren) may
experience or incur in connection with my or my child(ren)’s attendance at or
participation in Camp Mariposa activities. I
AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM AND
AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, DAMAGES AND EXPENSES (INCLUDING
REASONABLE ATTORNEYS' FEES) INCURRED BY ANY RELEASED PARTY ARISING OUT OF OR IN
CONNECTION WITH ANY HARM OR RELEASED CLAIMS. If any provision of this Release
is held to be invalid or unenforceable, then that provision shall be severed,
and all remaining provisions shall be given full force and effect.
4. Representations and Warranties. I represent and
warrant that: (a) my or my child’s involvement or participation in Camp
Mariposa is voluntary, (b) I understand that there is a risk of danger, bodily
harm, injury, emotional stress, or death as a result of my or my child’s participation in, volunteering for, or employment
by Camp Mariposa, (c) I further understand that there is the potential
for risks and dangers that may not be obvious or reasonably foreseeable at this
time related to my or my child’s
participation in, volunteering for, or employment by Camp Mariposa, and
(d) I voluntarily, on behalf of myself or my child, assume the risks,
including, but not limited to, those outlined in items (b) and (c) above. I further represent and warrant that I have
the power, capacity and authority to grant the rights to Eluna herein granted,
that this Consent and Release constitutes my or my child's legal and binding
obligation enforceable in accordance with its terms and that the grants of
rights or any portions thereof will not conflict with any similar grants of
rights agreements I or my child have made.
5.
Binding Agreement. This Consent and Release expresses
the entire understanding between Eluna, me and my child, and supersedes any
prior agreements and discussions between us with respect to the subject matter
of this Consent and Release. In granting
the rights herein, neither I nor my child have been coerced or induced to do so
by any representations or assurances by Eluna or its agents or
representatives. This Consent and
Release may be amended only by written instrument signed by Eluna and me. The provisions hereof shall be binding upon me,
my child and my heirs, representatives, executors, administrators, and
successors. Eluna may, in its sole
discretion, assign or transfer some or all of this Consent and Release.
6. Governing Law.
This Consent and Release will be governed by the laws of the State of Pennsylvania,
without regard to its choice of law principles.
The parties hereby submit to the exclusive venue and jurisdiction of the
state and federal courts of Philadelphia County, Pennsylvania and waive any
objection thereto (irrespective of whether the individual signing this Consent
and Release changes his or her state of residence).
7.
Severability. If any provision of this Consent and
Release Agreement is found to be unenforceable in any respect by a court of
competent jurisdiction, this Consent and Release Agreement will nonetheless be
enforced to the maximum extent to which it is found to be legally
enforceable.
BY SIGNATURE BELOW, I AGREE
AND ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD, AND ACCEPTED THIS CONSENT AND
RELEASE; THAT THE PROVISIONS CONTAINED HEREIN REPRESENT AN AGREED ALLOCATION OF
RISKS WHICH ELUNA IS RELYING UPON; THAT I HAVE SIGNED THIS CONSENT AND RELEASE
VOLUNTARILY AND OF MY OWN FREE WILL; AND THAT I HAVE HAD AMPLE OPPORTUNITY TO
ASK QUESTIONS REGARDING THE TERMS AND CONDITIONS OF THIS CONSENT AND RELEASE.
Agreed and
Accepted: Participant (if over the age of
majority in state of residence) or Parent/Guardian of Participant (if Participant is
under the age of majority in state of residence).