To the fullest extent permitted by law, I, the legal guardian of this student, shall defend, indemnify and hold harmless Longy School of Music, its trustees, directors, officers, employees and agents, from and against all losses, claims, suits, actions, damages and expenses (including attorneys’ fees), arising from (Contracted Party) breach of this Agreement, or (Contracted Party) acts or omissions in performing services under this Agreement, except solely to the extent such Claim is directly and proximately caused by the negligence or willful misconduct of Longy School of Music.
By registering to participate in musical activities at Longy, you grant Longy School of Music of Bard College, and those acting on its behalf, the authorization to:
Record all students' participation and appearance on video media, audio media, film, photograph, livestreaming, or any other medium.
Record all students' work, including musical compositions, on video media, audio media, film, photograph, livestreaming or any other medium.
Use all students' names, likenesses, voices, and biographical materials in connection with these recordings.
Exhibit or distribute such recordings in whole or in part, without restrictions or limitations, for any educational or promotional purpose which Longy School of Music of Bard College and those acting on its behalf deem appropriate.
Students who may have commitments to any other person or entity which would conflict with the rights granted above are responsible for informing the school in writing of these relationships at the time of registration.
You agree that all rights in and to any and all recordings made of student's performances at Longy School of Music of Bard College, including all video media, audio media, film and photographs, shall be owned exclusively by Longy School of Music of Bard College.
I am the parent or legally authorized representative or guardian of the minor child named below (the “Minor”). I consent to the Minor’s participation in Longy’s Summer Academy program (the “Program”) being offered by Longy School of Music/or its affiliates or subsidiaries (collectively, the “Company”), on Company property, to its employees and their minor children. I understand and acknowledge that the Minor’s participation in the Program is voluntary. In consideration for the Minor being permitted by the Company to participate in the Program, I agree to all the terms and conditions set forth in this agreement (“Agreement”).
1. Assumption of Risk. I acknowledge that there are risks associated with the Minor’s participation in the Program, including personal injury or property loss sustained as the result of the Minor’s participation in the Program. In addition, I acknowledge that the Company cannot prevent the Minor from being exposed to, contracting, or spreading COVID-19 in connection with participating in the Program. I also understand the highly contagious nature of COVID-19, and the risk that the Minor may be exposed to or contract COVID-19 by participating in the Program, which may result in serious illness, personal injury, disability, or death; and/or which may result in my exposure to or contraction of COVID-19; and/or the exposure of those who live or interact with the Minor. I acknowledge that the risks referenced in this paragraph may result from or be compounded by the actions, omissions, or negligence of the Company. On behalf of myself and the Minor, I understand and voluntarily accept and assume all risks of injury, disability, or death, arising from the Minor participating in the Program, whether caused by the negligence of the Company or otherwise.
2. Waiver and Release of Liability. On behalf of myself and the Minor, I hereby expressly waive and release any and all claims, whether known or unknown, against the Company, and its respective present and former, direct and indirect, parents, subsidiaries, affiliates, employees, officers, directors, shareholders, members, agents, representatives, permitted successors and permitted assigns (collectively, “Releasees”), on account of injury, illness, disability, death, or property damage, arising out of or attributable to the Minor’s participation in the Program. This waiver and release of liability includes claims arising out of or attributable to the Minor’s exposure, infection and/or spread of COVID-19 in connection with participating in the Program. This waiver and release of liability includes claims arising out of the negligence of Releasees or otherwise, but does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that applicable law does not permit to be released by agreement. On behalf of myself and the Minor, I covenant not to make or bring any claim released by this paragraph against Releasees, and forever release and discharge Releasees from liability under such claims.
3. Indemnification. On behalf of myself and the Minor, I further agree to indemnify and hold harmless each Releasee against any and all liabilities that are incurred by such Releasee arising out of or relating to any third-party claim, including those alleging exposure, infection and/or spread of COVID-19, related to the Minor’s participation in the Program. For example, this would include another family member or visitor if the Minor were to contract COVID-19, and then pass or infect the other family member or visitor with COVID-19.
4. COVID-19 Procedures. As a parent or legal guardian/representative of the Minor, I will adhere to the Program’s COVID-19 safety protocols and to all federal, state, and local laws, orders, directives, and guidelines related to COVID-19 while the Minor participates in the Program, including, without limitation, requirements related to hand washing/sanitizing, social distancing, and use of face coverings and safety equipment. I further acknowledge that I have been provided with, and reviewed, the Program’s safety protocols and requirements, which were given to me in a separate notice/document.
5. Entire Agreement. This Agreement constitutes the sole and entire agreement by and between the Company and me (and the Minor) with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me (and the Minor) and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule or any other jurisdiction.
6. Exclusive Jurisdiction and Venue/Jury Waiver. Any dispute relating to this Agreement shall be brought only in a state or federal court with jurisdiction in Suffolk County, Massachusetts; I (and the Minor) consent to the exclusive jurisdiction and venue of such courts. IN ADDITION, I (and the Minor) ACKNOWLEDGE AND AGREE THAT, BY EXECUTING THIS AGREEMENT, I (AND THE MINOR) AFFIRMATIVELY WAIVE ANY RIGHT OR OPPORUTNITY TO HAVE ANY SUCH DISPUTE RESOLVED BY A JURY, AND SUCH DISPUTES SHALL ONLY BE RESOLVED BY THE COURT.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT, THAT I HAVE HAD THE CHANCE TO ASK QUESTIONS ABOUT THIS AGREEMENT, THAT I HAD THE RIGHT TO NEGOTIATE A DIFFERENT AGREEMENT BUT HAVE WAIVED THAT RIGHT, AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
