MOUNTAIN WORKSHOPS AGREEMENT
I retain the copyright to my own work obtained during the
Mountain Workshops and I agree to allow the Mountain Workshops to use my
photographs, video, audio, words, design or interactive graphics and all other
materials, as well as my likeness taken during the workshops, without
compensation, for promotional products such as websites, social media,
broadcast dissemination, books, multimedia, digital distribution and exhibits
related to the Mountain Workshops or Western Kentucky University’s promotion of
the School of Media & Communication and its associated events.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating
in The Mountain Workshops (the "Activity"), and as consideration for
the right to participate in the Activity, I hereby, for myself, my heirs,
executors, administrators, assigns, or personal representatives, knowingly and
voluntarily enter into this waiver and release of liability and hereby waive
any and all rights, claims or causes of action of any kind whatsoever arising
out of my participation in the Activity, and do hereby release and forever
discharge Western Kentucky University, located at 1906 College Heights Blvd,
Bowling Green, Kentucky 42101, their affiliates, managers, members, agents,
attorneys, staff, volunteers, heirs, representatives, predecessors, successors
and assigns, for any physical or psychological injury, including but not
limited to illness, paralysis, death, damages, economical or emotional loss,
that I may suffer as a direct result of my participation in the aforementioned
Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned
activity and I am participating in the activity entirely at my own risk. I am
aware of the risks associated with traveling to and from as well as
participating in this activity, which may include, but are not limited to,
physical or psychological injury, pain, suffering, illness, disfigurement,
temporary or permanent disability (including paralysis), 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 location(s). Nonetheless, I assume all related risks, both known
or unknown to me, of my participation in this activity, including travel to,
from and during this activity.
I agree to indemnify and hold harmless Western Kentucky
University against any and all claims, suits or actions of any kind whatsoever
for liability, damages, compensation or otherwise brought by me or anyone on my
behalf, including attorney's fees and any related costs, if litigation arises
pursuant to any claims made by me or by anyone else acting on my behalf. If
Western Kentucky University incurs any of these types of expenses, I agree to
reimburse Western Kentucky University.
I acknowledge that Western Kentucky University and their
directors, officers, volunteers, representatives and agents are not responsible
for errors, omissions, acts or failures to act of any party or entity
conducting a specific event or activity on behalf of Western Kentucky University.
I acknowledge that this activity may involve a test of a
person's physical and mental limits and may carry with it the potential for
death, serious injury, and property loss. The risks may include, but are not
limited to, those caused by terrain, facilities, temperature, weather, lack of
hydration, condition of participants, equipment, vehicular traffic and actions
of others, including but not limited to, participants, volunteers, community,
faculty, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read this "waiver
and release" and fully understand that it is a release of liability. I
expressly agree to release and discharge Western Kentucky University and all of
its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs,
representatives, predecessors, successors and assigns, from any and all claims
or causes of action and I agree to voluntarily give up or waive any right that
I otherwise have to bring a legal action against Western Kentucky University
for personal injury or property damage.
To the extent that statute or case law does not prohibit
releases for negligence, this release is also for negligence on the part of
Western Kentucky University, its agents, and employees. In the event that I
should require medical care or treatment, I agree to be financially responsible
for any costs incurred as a result of such treatment. I am aware and understand
that I should carry my own health insurance.
In the event that any damage to equipment or facilities
occurs as a result of my willful actions, neglect or recklessness, I
acknowledge and agree to be held liable for any and all costs associated with
any actions of neglect or recklessness.
This Agreement 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 strength. Both the Participant (undersigned) and
Western Kentucky University agree that this Agreement is clear and unambiguous
as to its terms, and that no other evidence will be used or admitted to alter
or explain the terms of this Agreement, but that it will be interpreted based
on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this
Release of Liability shall be deemed to be severable or invalid, or if any
term, condition, phrase or portion of this agreement shall be determined to be
unlawful or otherwise unenforceable, the remainder of this agreement shall
remain in full force and effect, so long as the clause severed does not affect
the intent of the parties. If a court should find that any provision of this
agreement to be invalid or unenforceable, but that by limiting said provision
it would become valid and enforceable, then said provision shall be deemed to
be written, construed and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.