Terms, Conditions, and Release of Liability Agreement
I, the undersigned, am eighteen years old or older and I have legal authority to enter into this Terms, Conditions and Release of Liability Agreement (“Agreement”).
I have voluntarily chosen to enroll myself (if participant is 18 years old) or the below named minor (if the participant is under the age of 18 years old) in the Stellar Space Experience Program which is a STEM focused workshop and leadership program for Cook Inlet Region, Inc. Shareholders and confirmed Descendants, ages fourteen through eighteen, that consists of, but is not limited to: workshops, mentoring events, tours, meals, overnight accommodations, and transportation via common carrier and/or private vehicle (“Program”).
The Program is organized by Cook Inlet Region, Inc. and may be staffed by directors, officers, employees, volunteers, contractors or subcontractors of Cook Inlet Region, Inc., its subsidiaries and/or affiliated entities. For purposes of this Agreement, Cook Inlet Region, Inc., its Shareholders, directors, officers, employees, agents, subsidiary companies and affiliates, independent contractors and all other persons or entities acting on its behalf shall herein collectively be referred to as “CIRI.”
In consideration of participation in the Program and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows.
Express Assumption of Risk. I understand that participating in this Program may involve the risks of emotional injury, personal injury, illness, disability, death, losses associated with personally identifiable information, economic loss and other damages to participants or to participants’ personal property. I understand that these risks may result from the actions, negligence, and/or failure to act of others (including, but not limited to, other participants in the Program and CIRI), and the condition of any real or personal property, facilities, vehicles or equipment used during the Program. I also understand that there may be risks involved in participating in the Program which are not known to me or CIRI and may not be reasonably foreseen at this time or at the time of the Program. I EXPRESSLY ACCEPT ALL RISK ASSOCIATED WITH PARTICIPATION IN THE PROGRAM.
RELEASE AND WAVIER OF RIGHTS INCLUDING CLAIMS FOR NEGLIGENCE. I, for myself and any other person or entity acting on my behalf, voluntarily release, forever discharge, and agree to indemnify and hold harmless CIRI from any and all claims, demands, or causes of action, which are in any way connected with participation in the Program, including but not limited to any and all claims arising from negligence or negligent acts or omissions of CIRI, whether related or unrelated to risks described herein above. THIS MEANS I CANNOT SUE OR PREVAIL IN A LAWSUIT IF CIRI IS SIMPLY NEGLIGENT.
Not Against Public Policy. I acknowledge and agree that participation in this Program is voluntary and while the Program is valuable to Shareholders and Descendants, participation is an optional activity and not an essential service of great importance to the general public.
No Representation as to Standards of Safety or Maintenance. It is CIRI’s intent that this Program be beneficial to all participants; however, I understand that this Agreement acknowledges the fallibility of CIRI, equipment, vehicles and facilities. Further, I acknowledge and agree that CIRI has made no express statements, warranties or guarantees to me regarding standards of safety or maintenance of any real or personal property, facilities, vehicles, or equipment used during the Program.
Indemnification. I agree to indemnify and hold harmless CIRI from any and all claims and liabilities arising out of or in connection with participation in the Program.
Damages. I acknowledge that in the event of any emotional injury, personal injury, illness, disability, death, losses associated with personally identifiable information or economic or other loss resulting from participation in the Program the damages will not be sufficient to entitle me to seek injunctive or other equitable relief, and I will be strictly limited to the right to recover damages in an action at law. I agree that under no circumstances will CIRI’s total liability, whether arising in tort or otherwise, exceed the lesser of (a) direct damages actually incurred, or (b) five thousand dollars ($5,000.00). I will not have the right to rescind or terminate this Agreement or any of CIRI’s rights hereunder.
Participant Conduct. I understand that CIRI has no tolerance for weapons, drugs, alcohol, bullying, threats, violence, harassment or criminal conduct of any kind. All participants are fully responsible for complying with all laws, rules and regulations of the Program and staff instructions. For the safety of participants and success of the Program, CIRI reserves the right to cancel a participant’s involvement in the Program at any time for any reason, with or without notice.
If any participant’s actions or attitude are deemed detrimental to the Program, other participants, or CIRI, the participant’s involvement may be terminated, and the participant may be sent home early. I understand and agree that for the duration of the Program, an adult member of the participant’s family must be available to travel to the Program’s location to take custody of the participant. In event CIRI requires an adult to travel to the Program’s location, CIRI may, at its sole discretion, agree to cover the expense for travel to take custody of the participant or reimburse the family for this expense.
Participant Liability. I agree to accept full responsibility and liability, financially or otherwise, for all losses and/or damages arising from participation in the Program, including but not limited to, paying transportation and accommodation costs, and restitution for damage to real property, equipment, facilities, vehicles and personal property.
Physical Condition and Special Needs. I understand and agree that I am responsible for determining whether there are any medical, physical or other issues which may affect or prevent participation in the Program. I understand that participants should not attend the Program if not in a healthy condition. I agree to disclose to CIRI any pertinent medical, physical, mental or other conditions and special needs that may affect participation prior to the start of the Program. I hereby confirm that I, or the below named minor,: (i) have no psychiatric, medical, and/or physical condition or history which would prevent participation in the Program and/or endanger myself, or the below named minor, or others at the Program; (ii) have not been instructed by any physician to refrain from participating in the Program; and (iii) am capable of self-administering any and all needed medications.
Medical Treatment. In the event of an emergency, I hereby grant CIRI permission to administer immediate treatment and/or transport for medical treatment. In connection with any injury sustained, illness, or other conditions experienced during participation in or attendance at the Program, I authorize any and all emergency first aid, medication, transportation, medical treatment, or surgery deemed necessary by the attending medical personnel. I further authorize CIRI and/or the attending medical personnel to execute on my behalf any permission forms, consents, or other appropriate documents relating to medical attention. I agree to assume all liability for any expenses incurred for such medical care and I am aware that CIRI assumes no liability for the costs or provision of medical care in the event that care is needed before, during or after the Program.
Name And Likeness Release. I hereby grant permission to CIRI to utilize my, or the below named minor’s, name, voice, and likeness in any and all manner and media, without limitation and without additional compensation or consideration, notification, or permission, unless prohibited by applicable law. I hereby waive any right that I may have to inspect or approve any finished product or any advertising copy that may be used in connection therewith or the use to which it is applied. I hereby assign all rights, title and interest I may have in any and all media, now known or hereafter developed, in which any or all of my, or the below named minor’s, appearance, name, voice and/or likeness have been captured in connection with the Program to CIRI along with full rights of assignability. I, or the below named minor, understand and agree to not take any photographs and/or video/audio recordings during the Program without the express permission of CIRI.
Governing Law, Venue and Attorneys’ Fees. This Agreement is governed by and shall be construed in accordance with Alaska law without regard to the principles of conflicts of law. Venue for any action, suit or proceeding arising out of or related to this Agreement shall be the Superior Court for the State of Alaska, Third Judicial District, Anchorage, Alaska. The prevailing party in any action, suit or proceeding arising out of this Agreement shall be entitled to reasonable attorneys’ fees and costs.
Waiver and Modification. No provision or right under this Agreement shall be considered waived or modified unless it is in writing and signed by both parties.
Severability. The terms and conditions of this Agreement are intended to be as broad and inclusive as is permitted by law. If any provision of this Agreement shall be held by a court to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect and shall be binding on the parties.
Entire Agreement. This Agreement contains the entire agreement between the parties with respect to participation in the Program and supersedes all prior agreements and understandings, whether written or oral.
I HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT