Waiver and Release of Liability(Required) Introduction
StreetCode LIVE is our collective effort to reach families in their homes, offering a hybrid of live and real-time digital curriculum in an online format. In line with its mission, StreetCode Academy ("Client") is hosting the activity identified above.
Waiver and Release of Claims
By checking the box below, and in consideration for the right to participate in the StreetCode LIVE Select classes (the "Activity"), I hereby, for myself, my heirs, executors, administrators, assigns, and personal representatives, expressly, knowingly and intentionally enter into this waiver and release of liability, and hereby release and forever discharge StreetCode Academy, its affiliates, directors, officers, members, employees, agents, volunteers, successors and assigns, from any and all claims, demands, damages, liabilities, causes of action, costs and expenses (including reasonable attorney fees), at law or in equity, known or unknown, that I may now or hereafter have, including but not limited to personal injury, death, arising out of or related to my participation in the Activity.
Safety
For my safety and that of others, I will comply with Client’s instructions and directions.
Understandings
I understand that Client does not control, and is not liable for, the conduct of participants or others present at the site, and that Client is not staffed to monitor participants in the Activity at all times.
I hereby expressly, knowingly and intentionally waive for myself, my heirs, executors, administrators, assigns, and personal representatives, the benefits and rights of Section 1542 of the California Civil Code, which states as follows: “A general release does not extend to claims which the creditor does now know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
I UNDERSTAND I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
Awareness and Assumption of Risk
I confirm my understandings as stated above. With that information and awareness, I am knowingly participating in the Activity, and I knowingly assume and accept the risks of all injury, illness, disease, death, property damage or loss, financial obligation, loss of privacy, and all other consequences that may result, directly or indirectly, from my participation in the Activity or my presence at or travel to the site, regardless of the cause.
In the event that any damage to equipment used in the Activity occurs as a result of my or my family's gross negligence, fraud or willful misconduct, I acknowledge and agree to be held liable for any and all costs associated with such gross negligence, fraud or willful misconduct.
I agree to indemnify and hold harmless StreetCode Academy, its affiliates, directors, officers, members, employees, agents, volunteers, successors and assigns against any claim, demand, damage, liability, cause of action, injury, cost or expense (including attorney’s fees), arising out of or relating to your participation in the Activity. If StreetCode Academy incurs any costs or expenses (including attorney’s fees) in connection with the foregoing, I agree to promptly advance to or reimburse StreetCode Academy such costs or expenses.
To the extent that any statute or case law of the competent jurisdiction does not prohibit releases for negligence, the above release shall also apply to claims, demands, damages, liabilities, causes of action, costs and expenses (including reasonable attorney fees) arising out of or related to any acts of negligence by StreetCode Academy, its affiliates, directors, officers, members, employees, agents, volunteers, successors and assigns.
Medical Care Consent
In the event that I should require medical care or treatment, I authorize Client to provide me first aid and to arrange medical assistance, transportation, and emergency medical services for me if I get hurt during my participation in the Activity. I agree to be financially responsible for any costs related to my medical treatment and transport. I understand that Client does not provide health, medical, disability, or other insurance coverage for me. I am aware and understand that I should carry my own health insurance. In the event of an emergency, please contact the aforementioned "Emergency Contact" presented above in this form.
Use of My Name and Image
During my participation in the Activity, Client may take photos or videos of me and any works I create through my participation in the Activity. I consent to the use by Client of my image, voice, name, works, and/or story in any format, including video, print, or electronic (collectively, “Materials”), as Client may deem appropriate for other program, archival, promotional or other purposes. Client may make the Materials available on its website, in its publications, or through any other media, including social networking platforms. I waive any right to inspect or approve the Materials or to receive any payment. I grant to Client all copyrights in the Materials and waive any legal claims relating to the Materials, including those relating to copyright or rights of publicity or privacy.
Information Collection
I consent to Client collecting personal information from me and using it for planning, organizing, promoting, and conducting the Activity, and for following up with me after my participation.
Who this Affects; Severability
This Liability Release and Waiver will be legally binding not only on me but also my heirs, next of kin, and legal representatives, and will run in favor of, and may be enforced by, each of the Released Parties. This Liability Release and Waiver will be binding to the fullest extent permitted by law. If any provision of this Liability Release and Waiver is found to be illegal, invalid or unenforceable, the remaining terms will be effective.
Conclusion
This Waiver and Release of Liability was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining.
I and StreetCode Academy agree that this Waiver and Release of Liability is clear to its terms, and that no other evidence will be used or admitted to alter or explain the Release of Liability, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
By checking the box below, I warrant that I am of the age of consent (18 years or older), and I acknowledge that I have completely read and fully understand the above and agree to be bound thereby.
I have read and agree to these terms