Art Enrichment - AGREEMENT AND RELEASE OF LIABILITY FORM
KENT STATE UNIVERSITY
HOLD HARMLESS AGREEMENT AND RELEASE
I, _______________________, the undersigned, am 18 years of age or older (if not 18, a parent must sign in the space provided for below) and therefore an adult according to the law of the state of Ohio, am registered to participate in 2024 Spring Art Enrichment (“activity”), offered by Kent State University (“University”). The activity will take place from February - May 2024.
I understand and recognize that I am responsible for my own well-being and the well-being of the other participants. I declare that I recognize that it is in my best interest, as well as that of the other participants, to follow the suggestions, guidelines, and/or rules of the activity supervisors, and/or coordinators and that, my participation in this activity is entirely voluntary. If this activity involves off-campus travel, I understand that the University does not own or control the property nor any of the individuals, employees or volunteers who may be present. I also agree and understand that I am solely responsible for any of my own personal equipment or property and the university shall not be held liable or responsible for any damage, destruction, theft, or any other action to such personal equipment or property.
I fully understand and appreciate the potential dangers, hazards and/or risks (including, but not limited to, COVID-19), directly and/or indirectly inherent in participating in this activity, which could also include the loss of life, serious loss of limb, or loss of property. I agree to assume all such risks and to utilize all available safety measures. I also understand the inherent dangers involved in interstate travel and utilizing transportation on other roadways and may have accepted transportation with full knowledge and understanding of these risks. I understand that I am responsible for my own transportation, or if transportation is provided by the University, I understand the University does not control and is not responsible for the actions of any third parties who may provide me with such transportation for this activity. Also, I understand that the consumption of alcohol and/or use of drugs is strictly prohibited and could result in my dismissal from further participation in the activity.
I understand that any University personnel or agents also participating in this activity are not necessarily medically trained to care for any physical or medical problems that may occur during this activity. I further understand that the University does not carry medical or liability insurance for me while I am participating in this activity. By placing my signature below, I acknowledge to the University that I have adequate medical and hospitalization insurance for any injuries that I may incur as a result of participating in this activity.
NOW, THEREFORE, in consideration for being allowed to participate in this activity, I, for myself, my executors, administrators, and assigns do hereby release and forever discharge KSU, and its Board of Trustees, its respective entities, administrators, faculty members, employees, agents, and student volunteers from any claims that I might have myself with regard to damages, demands, or any actions whatsoever, including those based on negligence or failure to supervise, in any manner arising my participation in this activity. Furthermore, in consideration for being allowed to participate in this activity, I, for myself, my executors, administrators, and assigns agree to indemnify and hold the supervisor(s) and coordinator(s) of this activity, KSU, and its Board of Trustees, its respective entities, administrators, faculty members, employees, agents, and student volunteers harmless for any and all direct, indirect, special or consequential damages, or costs, legal and otherwise, which I may incur as a result of my participation in this activity, even if due to the negligence of Kent State University or any person serving in the above-identified capacities.
I have read the above terms of this Agreement/Release, and I understand and voluntarily agree to the terms and conditions. This Agreement/Release shall be binding upon the heirs, administrators, executors, and assigns of the undersigned.
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Participant Signature Date
As a parent/guardian on behalf of the above-named minor, I have read the above terms of this Agreement, and I understand and agree to the terms and conditions stated herein on behalf of myself and my minor child. I understand further and agree that the University is not assuming a custodial or special relationship through this activity. This Agreement/Release shall be binding upon the heirs, administrators, executors, and assigns of the undersigned. I further agree to indemnify, release, and hold KSU, and its Board of Trustees, its respective entities, administrators, faculty members, employees, agents, and student volunteers harmless against any injury, claim, or action brought against KSU by or on behalf of the above-named Participant, including but not limited to an action brought by the Participant upon reaching the age of majority. I warrant that I am authorized to execute this Agreement and Release on behalf of the above-named minor. I understand that the University is not responsible for supervising my minor child during this activity.
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Parent/Guardian Signature Date<!--<p style="margin-top:0in; margin-right:0in; margin-bottom:.0001pt; margin-left:-.5in; text-align:justify; margin:0in 0in 8pt">This Agreement and Release of Liability Form (hereinafter “Form”) executed by the undersigned on behalf of [name of Participant] with an address at [address] (“Participant”) to Kent State University, including its Board of Trustees, officers, agents, employees, invitees, volunteers, and students (the “University”). The term “Participant,” is used in this Form as follows: (i) if Participant is of majority age, it refers only to Participant; (ii) if Participant is not of majority age (18 years old), Participant refers to Participant and Participant’s parent or guardian who is also referred to herein as “I”.
Read this entire Form before signing. Although the Participant may have already signed forms through a paper or online registration process for an upcoming program(s), Kent State University created new programming in light of COVID-19, and additional and important information is in this Form. As a result, this Form replaces and supersedes any previous paper or online forms signed (and applies to those signing for the first time) for the Program.
Kent State University through its Research Center for Educational Technology is organizing and operating the Summer Technology & Innovation Camps to be delivered virtually from June 15 to July 31, 2020, (“Program”).
PARTICIPATION AGREEMENT
Participant acknowledges and agrees: (1) to review all University information received, accurately complete all requested information including the online registration, and abide by University rules, policies, and procedures; (2) that Participant is voluntarily participating with knowledge of the risks; (3) to ensure that the Participant is aware of the Program’s code of conduct; (4) to immediately notifying the Program Director of any concerns related to the health, safety or security of the Participant, other participants, or Program staff; and (5) that he/she has the full legal authority and capacity to complete the registration for the Program, including this Form, on behalf of his/herself and/or as parent/guardian of a minor Participant.
I agree that if the Participant is a minor, that I will be responsible for the supervision of my child during the Program.
Participant understands and agrees that he/she is expected to exhibit appropriate behavior and respect at all times during the Program and agree that the Participant shall not harass, bully, victimize, stalk, embarrass, or otherwise harm another participant of the Program. Further, the Participant shall not record in any manner including but not limited to video, photograph, voice, etc. any of the Program. Participant agrees that the University may dismiss the Participant without refund, should there be a violation of the code of conduct. inappropriate behavior or disrespect for other participants or Program staff, in the opinion of University or the Program Director, that may or has endangered or negatively affected any participants or the Program.
I hereby grant permission for a temporary University account to be created for Participant for use of Microsoft Teams or another virtual platform for the limited use of participation in the Program.
ACKNOWLEDGMENT OF RISKS
Participant is fully aware of the risks and potential hazards connected with participating in the Program, including but not limited to, the risks of data mining, phishing, viruses, malware, data breach of online information, cyberbullying, exploitation, victimization, cyber stalking, online grooming, cyber predators, digital footprint, reputation loss, compliance violations, brand hijacking, image replication, and third-party attacks of the virtual platform, and Participant hereby elects to voluntarily participate and assumes and accepts full responsibility for the inherent and other risks (known and unknown) of the activities, and for any discomfort, trauma, physical injury, temporary or permanent disability, and death, as well as economic and property loss suffered by the Participant, resulting from those risks, including the risk of Participant’s negligence or other misconduct.
ACKNOWLEDGEMENT OF GOOD MENTAL AND PHYSICAL CONDITION
I acknowledge that the Participant is in good mental and physical condition for the limited purpose of Program registration and participation.
CONSENT TO RECORDING AND COLLECTION OF INFORMATION
I acknowledge that the University may collect information from Participant. In addition, I acknowledge that the University may engage with third-party service providers to provide online resources that will be used as part of the Program and that such third-party service providers may collect information from Participant. I hereby consent to University and its third-party service providers to collect information from Participant for the limited purpose of participation in the Program. A separate Photo and Film Waiver is part of the registration process for expanded permissions.
INTELLECTUAL PROPERTY
I understand that the University and/or the employee of the University owns all video, audio, programming, and materials used in the Program and the Participant has no right to use, share or publish them without the express written consent of the owner.
THIS IS A RELEASE OF LEGAL RIGHTS. READ BEFORE SIGNING. IF PARTICIPANT IS A MINOR UNDER THE AGE OF 18 YEARS OLD, A PARENT OR LEGAL GUARDIAN MUST SIGN BELOW.
I carefully read, understand and voluntarily sign this Agreement and Release of Liability Form and agree to its terms and conditions, and acknowledge that it shall be effective and legally binding upon me, my participating minor child, spouse and other children, and Participant’s other family members, heirs, executors, representatives, subrogees and estate. In consideration for the University allowing Participant to participate in the Program I agree to the fullest extent allowed by law to release, indemnify and hold harmless the state of Ohio, Kent State University, its Board of Trustees, officers, agents, employees, invitees, volunteers, and students for any action brought against the state of Ohio, Kent State University, its Board of Trustees, employees, agents, and volunteers by the above-named Participant, including but not limited to an action brought by him or her upon reaching the age of majority. I warrant that I am authorized to execute this Form on behalf of myself or the above-named minor, as applicable.
This Form is governed by the laws of the State of Ohio without regard for principles of choice of law. I agree that all legal suits, claims, actions, proceedings, or other matters arising out of or relating to this Form or the Program, whether sounding in contract, tort, statute, or otherwise, shall be subject to the sole and exclusive jurisdiction of the state and federal courts of competent jurisdiction located in the State of Ohio. Nothing in this Form shall be construed as a waiver of the sovereign immunity of Kent State University and/or the State of Ohio beyond the waiver provided in Ohio Revised Code 2743.02.
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