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UBTECH Virtual Robotics Club

Release and Waiver of Liability/Photography and Videography Release

 

I hereby give permission for my child to participate in all activities at UBTECH Club:ASPIRE (ASPIRE), owned and operated by UBTECH Education (UBTECH).  ASPIRE combines virtual instruction with hands-on robotics to teach kids valuable STEM skills outside of the traditional classroom environment.  I affirm that participation by child(ren) (individually and collectively, “Child”), in ASPIRE is completely voluntary. I am not aware of any known physical, mental or health-related conditions that should preclude or restrict my Child’s participation.

 

My Waiver and Release of Liability for Participating in ASPIRE

In consideration for being permitted to participate in the ASPIRE provided by UBTECH, I hereby, for myself and the Child, and our respective heirs, executors, administrators, successors, assigns and personal representatives, expressly waive any and all claims I and/or the Child have or may have in the future and release and forever discharge UBTECH and its respective affiliates, partners, directors, officers, members, employees, contractors, licensors, representatives and agents, (collectively, the “UBTECH Parties”) from and against, and covenant not to sue or pursue any legal or other action for, any and all liability, losses, damages, injuries (including death), costs and/or expenses that may arise from my or the Child’s participation in the ASPIRE, even if caused or alleged to be caused in whole or in part by the negligence of any of the UBTECH Parties.  If I or anyone on my behalf makes a claim against any of the UBTECH Parties (a “Claim”), I agree to indemnify and hold the UBTECH Parties, and each of them, harmless from any claim, lawsuit, proceeding, liabilities, damages, losses, costs and expenses (including attorneys’ fees) that they may incur due to the Claim.  Each of the UBTECH Parties is a third-party beneficiary of this Release and Waiver of Liability.

I acknowledge that, after I sign this Release and Waiver of Liability, I or the Child may learn of claims, risks or facts of which I or the Child are not currently aware. I, for myself and the Child, assume that risk and agree that this Release and Waiver of Liability and the release it contains shall apply to all unknown and unanticipated claims as well as those known and anticipated. I am aware of California Civil Code Section 1542, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

I, for myself and the Child, hereby specifically waive and give up any rights that I or the Child might otherwise have under California Civil Code Section 1542, as well as any other statutes or common law principles of similar effect.

I understand that this Waiver and Release of Liability is the entire agreement between me and UBTECH and no other evidence will be used or admitted to alter or explain the terms of this Waiver and Release of Liability.  I agree that this Waiver and Release of Liability is being entered in California and will be governed by and interpreted under California law, regardless of where I live.  If any portion of this Waiver and Release of Liability is deemed to be void, invalid or unenforceable, such portion shall be severed and the remainder of this Waiver and Release of Liability shall remain in full force and effect.

BY SIGNING, I AFFIRM THAT I AM OF THE AGE OF 18 OR OLDER, AND THAT I AM FREELY ACKNOWLEDGING AND ACCEPTING THIS WAIVER AND RELEASE OF LIABILITY ON MY BEHALF AND ON BEHALF OF THE CHILD, IF APPLICABLE.  I CERTIFY THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND WAIVER OF LIABILITY AND I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS.  I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM ACKNOWLEDGING AND ACCEPTING IT OF MY OWN FREE WILL.

My Photography Waiver and Release

 

I understand that cameras will capture my Child’s reactions in connection with their experience in ASPIRE.  I also understand that the captured images and/or the video footage will be used by UBTECH and/or its partners for internal research purposes. I hereby give UBTECH and its respective affiliates, successors and assigns, (collectively, “Company”) the irrevocable, freely assignable, freely sublicensable, perpetual, worldwide, fully-paid and royalty-free right (but not the obligation) and license to (i) photograph, film, videotape, record, draw and/or portray my Child’s likeness, voice, actions and other personally identifying characteristics (collectively, the “Likeness”) and (ii) use, reproduce, adapt, print, advertise, publish, publicly display, publicly perform, distribute, broadcast, transmit, re-use, embody, incorporate, alter, edit and/or otherwise exploit such photographs, films, videos, recordings, drawings, text and portrayals (including, without limitation, the Likeness but solely as depicted therein) created in connection with my Child’s participation in the ASPIRE (collectively, the “Content”), and any and all works derived from the Content, in whole or in a part, alone or in conjunction with other materials, in any and all languages, media and formats now known or hereafter devised, in any and all versions, worldwide and throughout the universe and in perpetuity, in connection with (a) any marketing or promotional activity, advertising or publicity, or (b) any marketing or promotion of UBTECH or any of its products, services or technology.

 

I agree that Company will exclusively and irrevocably own the Content.  I understand and agree that neither I nor the Child will be entitled to receive any payment or other compensation from Company for my Child’s appearance in the Content, or Company’s use thereof as specified above.  I and the Child would receive personal satisfaction from the opportunity to have Company broadcast or otherwise distribute the Content, which, without limitation, constitutes good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.

 

I represent and warrant to Company that I have the complete right, power and authority to grant the rights granted to Company herein without obtaining the permission of, or making any payments to, any third party.

 

I, for myself and the Child, and our respective heirs, executors, administrators, successors, assigns and personal representatives, hereby release and forever discharge Company, and its directors, officers, shareholders, employees, representatives and agents, and any other person or entity that now or later may be involved in the distribution or broadcast of the Content, from, and covenant not to sue or pursue any legal or other action for, any and all past, present or future claim or cause of action, damages, obligations, debts, demands, and liabilities for any reason whatsoever, in law or in equity, whether now known or unknown, and whether or not accrued, relating to the use of the Content, the distribution or broadcast thereof, or the exercise of any of the rights granted herein, at any time before or after the date hereof. I have fully informed myself of this consent, waiver of liability, and release before signing it.

 

I affirm that I sign this Photography Waiver and Release without having been made any promises and agree that no later promise relating to the Content shall be binding unless set forth in a writing signed by Company.

I agree that, in the event of any breach by Company of this release or otherwise, the damages, if any caused me and/or the Child thereby will not be irreparable or otherwise sufficient to entitle me or the Child to injunctive or other equitable relief.  In such event, my rights and remedies, and the Child’s rights and remedies, will be strictly limited to the right, if any, to recover damages in any action at law and neither I nor the Child will have the right to rescind or terminate this release or any of Company’s rights hereunder, nor the right to enjoin the production, exhibition, distribution or other exploitation of the Content or any subsidiary or ancillary rights with respect thereto.

 

I understand that this Photography Waiver and Release is the entire agreement between me and UBTECH and no other evidence will be used or admitted to alter or explain the terms of this agreement.  I agree that this Photography and Videography Release is being entered into in California and will be governed by and interpreted under California law, regardless of where I live.  If any portion of this Photography and Videography Release is deemed to be void, invalid or unenforceable, such portion shall be severed and the remainder of this Photography and Videography Release shall remain in full force and effect.

 

BY SIGNING, I AFFIRM THAT I AM FREELY ACKNOWLEDGING AND ACCEPTING THIS PHOTOGRAPHY WAIVER AND RELEASE ON BEHALF OF THE CHILD.  I CERTIFY THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS PHOTOGRAPHY WAIVER AND RELEASE AND I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS.  I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM ACKNOWLEDGING AND ACCEPTING IT OF MY OWN FREE WILL.

 

Notice of Privacy Practices

 

I understand that UBTECH collects personal information, including, but not limited to my: name, email address, contact information, images and video.  By signing this Release and Waiver of Liability/Photography and Videography Release (“Agreement”), I acknowledge that I have reviewed, understand, and agree to UBTECH’s Privacy Policy.

 

End User License Agreement

 

By signing this Agreement, I acknowledge that I have reviewed, understand, and agree to UBTECH’s End User License Agreement (“EULA”) including my agreement to resolve any disputes through binding, individual arbitration rather than in court (EULA, Section 22).

 

Additional Terms and Conditions

 

By signing this Agreement, I acknowledge that I have reviewed, understand, and agree to all terms and conditions provided on the UBTECH Education website’s Frequently Asked Questions (https://ubtecheducation.com/camp-aspire-faq), including, but not limited to the Cancellation Policy and Code of Conduct..

 

Parental Consent: I represent and warrant that I am the parent or legal guardian of the minor whose name appears above, and that I have the legal capacity and authority to act for and on behalf of such minor.  Having read the foregoing and understanding the nature and extent of all the rights which the minor has granted to Company, I hereby expressly consent to the minor’s execution / acceptance of this Agreement.  I hereby fully and unconditionally guarantee that the minor will not at any time in the future disaffirm this Agreement in whole or in part, by reason of the minor’s minority or otherwise.

 

 

 

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