Release of Liability and Photo Release Agreement
Parents or Guardians, please complete this portion of the form with your child.
This Waiver and Release Agreement (this "Agreement") must be completed by the parent of each child under the age of 18 (or the student themself is 18 or over) who participates in any activity, event, accommodations, travel, or other arrangement sponsored by The English-Speaking Union (hereafter, "ESU") from April 13, 2024 to April 15, 2024 (hereafter, collectively, "ESU Events"). Please read this entire Agreement carefully; by signing it, you waive certain legal rights and assume certain risks for your child.
I am the parent or legal guardian of the minor named at the end of this document. I have the legal right to consent to and, by signing below, I hereby: (i) consent in all respects to the terms and conditions stated in this Agreement; (ii) confirm, to the best of my knowledge, all information affirmed by the minor in the 2024 Winner Packet and Contestant Agreement Form; and (iii) agree that both the minor and I shall be bound by all of the terms and conditions of these Agreements.
Before you register your child for or your child attends an ESU Event, you must agree to and accept this Agreement. Please read all the terms carefully. If you accept the terms and conditions of this Agreement, please sign below. By signing below, you are agreeing to be bound by the terms of this Agreement with respect to all ESU Events in which your child participates from April 13, 2024 to April 15, 2024.
I understand that the ESU Events may include travel by train, bus and airplane which may include unsupervised waits at bus/train terminals and/or airports, meals at locations not within the control of ESU (such as restaurants and college dining halls), and participation in events that are located in publicly accessible venues and spaces. I fully recognize that the ESU Events involve inherent risks and dangers, including, but not limited to, hazards of travel by bus, automobile, train and/or other modes of transportation; forces of nature; illness or accidents including slips or falls while participating in ESU Events or related activities; criminal acts of people unassociated with ESU, including theft; and damage to or loss of my child's personal property. In addition, I acknowledge there may be other risks inherent in these activities of which I may not presently be aware. My child is voluntarily participating in ESU Events with my knowledge of the hazards and risks involved. I expressly assume all risks of my child participating in ESU Events and release ESU, its employees, agents, and associates from any and all liability arising from these risks and hazards, known or unknown. I expressly warrant that my child is capable of withstanding both the physical and mental demands of ESU Events.
I further understand that the ESU maintains no control over the personnel, equipment, or operations of the site(s) we are visiting or the travel service or other suppliers through which the travel and related accommodations or services are provided, and that the ESU is not liable for any inconvenience or delays, substitutions of equipment, and changes in the itinerary deemed necessary or appropriate for the safety or convenience of the participants. In addition, I understand the ESU is not liable for acts of God, fire, acts of governments or other authorities, civil disturbances, riots, terrorist acts, strikes, thefts, pilferage, dangers incident to travel or other participation in ESU Events, and other similar acts or incidents beyond its ability to control.
In consideration of my child being permitted to participate in ESU Events and in return for the services provided by the ESU, its employees, agents and associates, I hereby assume all risks and responsibilities in any way associated with ESU Events in which my child participates, and I release and forever discharge the ESU, its governors, officers, employees, agents and associates (hereafter, the "Releasees") from any and all liability, claims and actions of any kind, either in law or equity, that may arise from my child's participation in ESU Events, including injury or harm to my child, from his or her death or from damage to his or her property in connection with ESU Events, whether caused by the negligence of the Releasees or otherwise. I further agree to indemnify and hold harmless Releasees from any and all claims arising from my participation in ESU Events or as a result of injury or illness of my child during ESU Events. I also understand that ESU does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance, in the event of injury or illness.
In the event of injury or a medical emergency, I do hereby give permission for the ESU to seek and secure any needed medical attention or treatment for my child including hospitalization. I give permission to any attending physician(s) and other medical personnel to administer any needed medical treatment, including surgery. In doing so I agree to pay all fees and costs associated with such medical treatment.
I also understand that any photos and/or videos taken of me/my child during the Events/program may be used for promotional purposes by the ESU. I grant all rights to exhibit or distribute these sound, still, or moving images in whole or in part in any medium without consent, notice, limitations, or restrictions for educational, promotional, or any other purposes that support the mission of the ESU. I agree that all rights to the sound, still, or moving images bearing my name, likeness, voice, and biographical material belong to these entities. I waive any and all rights I may have to restrain and/or seek compensation for the use of my name, likeness, voice and biographical materials as described above.
This assumption of risk is made freely, knowingly and voluntarily. I further understand that the terms of the release and assumption of risk in this Agreement shall bind my spouse, child, family members, heirs, executors, administrators, and assigns, as well as myself.
I understand that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of New York, and that this Agreement shall be governed by and interpreted in accordance with the laws of the State of New York. I agree that, in the event that any term or provision of this Agreement is held illegal or invalid, the validity of the remaining portions shall not be affected.
