Participant Agreement
In consideration of Music in Common, Inc. (“Organization”) accepting the individual signing below (“Participant”) as a participant in one or more of the Organization’s programs (“Programs”), and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Participant does freely, voluntarily and without duress execute this agreement (“Agreement”).
1. Physician Consultation. It is Participant’s responsibility to consult with a physician with respect to any past or present injury, illness, health problem or any other condition or medication that may affect Participant’s ability to safely participate in the Programs.
2. Rules and Instructions. Participant agrees to comply with the Organization’s rules, regulations, policies and instructions which may be changed from time to time ("Rules"). Failure to follow the Rules or any other act or omission, as determined in the sole discretion of the Organization, may result in termination of Participant’s access to the Programs.
3. Assumption of Risk. Participant understands that the activities the Participant will engage in during the Programs, including, but not limited to songwriting, recording, performing, filming, photography, travel to, from or during the Programs and group discussions (“Activities”), may be hazardous to the Participant and result in physical injury, harm or death, including, but not limited to, headaches from excessive screen time with online Programs, injuries related to playing music, such as laryngitis and strained wrists/hands and exposure to COVID-19 or any other harmful viruses or bacteria. Participant hereby expressly and specifically assumes the risk of injury or death in connection with the Activities.
4. General Release. Participant releases, forever discharges, indemnifies, and holds harmless the Organization and its directors, officers, employees, volunteers, agents, successors and assigns (“Released Parties”) from any and all liability, claims, demands and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to the Activities, including but not limited to any claim for any bodily injury, personal injury, illness, death or property damage, regardless of whether caused in whole or in part by an act or omission of the Released Parties.
5. Medical Treatment Consent and Release. Participant consents to and authorizes the Organization to obtain medical treatment on Participant’s behalf if Participant requires medical attention. Participant is solely responsible for all costs related to such medical treatment, including, but not limited to, transportation and evacuation costs. Participant releases, forever discharges, indemnifies, and holds harmless the Released Parties from any claim, demand or cause of action whatsoever arising out of or relating to any such medical treatment.
6. Transportation Release. Participant releases, forever discharges, indemnifies and hold harmless the Released Parties from any and all liability, loss, costs or expenses sustained or incurred because (a) Participant was injured, died or sustained property loss or damage while being transported by any of the Released Parties or (b) because Participant injured another person or damaged the property of another person while being transported by any of the Released Parties.
7. No Assistance. Except as otherwise agreed to by the Organization in writing, the Organization does not provide any financial assistance of any kind, including, but not limited to, providing medical, health or disability insurance coverage. The Organization does not assume any responsibility for or obligation to provide financial assistance or other assistance of any kind if in the event of Participant’s injury, illness, or death, or damage to or loss of Participant’s property.
8. Media Release. Participant consents to being filmed, recorded, interviewed and photographed by the Organization. Participant unconditional assigns to the Organization all rights to all (a) media that may contain the Participant's image, likeness or recordings (b) stories, literature, narratives or interviews submitted by, of or relating to, the Participant (c) original songs written by Participant during the course of the Activities ((a), (b) and (c) collectively, the "Content") and (d) use Participant's name, voice, likeness, biographical information, and any or all of the Content, in any of the Organization’s programming or the promotion thereof. The rights granted hereunder shall include the perpetual, royalty-free, unconditional and worldwide right of the Organization its parents, subsidiaries, and affiliated companies and their licensees, successors and assigns to edit, telecast, cablecast, rerun, record, publish, reproduce, use, syndicate, license, print, distribute and otherwise use in any media, by any means, methods and technologies now known or hereafter to become known, either in whole or in part, the Content for any commercial purposes, including, but not limited to, promoting or publicizing the Organization (including the fundraising activities of the Organization) or otherwise furthering the mission of the Organization. The Organization shall be under no obligation to actually use Participant's name, voice, likeness and biographical information or any of the Content.
9. Confidentiality. Participant understands that the Organization’s policy is to ensure that its operations, activities, and affairs are kept confidential. Participant agrees to refrain from disclosing to any outside source and to keep confidential any information or records pertaining to the Organization’s operations, clients, donors, volunteers, or employees obtained while participating in the Programs. Participant understands that this confidential information is not to be shared with anyone other than a current employee or volunteer of the Organization or another participant, and then, only as necessary to properly carry out the Activities. The Organization may take legal action against Participant in federal or state courts, including, but not limited to, seeking temporary restraining orders or permanent injunctions, to prevent the disclosure of confidential information.
10. Cultural and Religious Observances. The Organization’s Programs are multi-cultural, multi-faith programs comprised of individuals from diverse and varied backgrounds. While the Organization will make every effort to accommodate all observances, Participant understands that the Organization cannot mandate any individual's participation in a religious or cultural observance. The commitment and welfare of all individuals is the Organization’s priority.
11. Governing Law. All matters arising out of or relating to this Agreement will be governed by andconstrued in accordance with the internal laws of the State of Georgia without regard to its conflict of laws principles. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Fulton County, Georgia, and the Participant hereby irrevocably consents to the exclusive jurisdiction of such courts.
12. Miscellaneous. This Agreement represents the full understanding between the Organization and Participant and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, with respect to the subject matter hereof. If any term of this Agreement shall be held to be invalid by any court of competent jurisdiction, that term shall be deemed modified so as to be valid and enforceable. The invalidity of any such term shall not otherwise affect the validity or enforceability of the remaining terms. This agreement is binding on and insures to teh benefit of the Organization and Participant and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.
1. Physician Consultation. It is Participant’s responsibility to consult with a physician with respect to any past or present injury, illness, health problem or any other condition or medication that may affect Participant’s ability to safely participate in the Programs.
2. Rules and Instructions. Participant agrees to comply with the Organization’s rules, regulations, policies and instructions which may be changed from time to time ("Rules"). Failure to follow the Rules or any other act or omission, as determined in the sole discretion of the Organization, may result in termination of Participant’s access to the Programs.
3. Assumption of Risk. Participant understands that the activities the Participant will engage in during the Programs, including, but not limited to songwriting, recording, performing, filming, photography, travel to, from or during the Programs and group discussions (“Activities”), may be hazardous to the Participant and result in physical injury, harm or death, including, but not limited to, headaches from excessive screen time with online Programs, injuries related to playing music, such as laryngitis and strained wrists/hands and exposure to COVID-19 or any other harmful viruses or bacteria. Participant hereby expressly and specifically assumes the risk of injury or death in connection with the Activities.
4. General Release. Participant releases, forever discharges, indemnifies, and holds harmless the Organization and its directors, officers, employees, volunteers, agents, successors and assigns (“Released Parties”) from any and all liability, claims, demands and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to the Activities, including but not limited to any claim for any bodily injury, personal injury, illness, death or property damage, regardless of whether caused in whole or in part by an act or omission of the Released Parties.
5. Medical Treatment Consent and Release. Participant consents to and authorizes the Organization to obtain medical treatment on Participant’s behalf if Participant requires medical attention. Participant is solely responsible for all costs related to such medical treatment, including, but not limited to, transportation and evacuation costs. Participant releases, forever discharges, indemnifies, and holds harmless the Released Parties from any claim, demand or cause of action whatsoever arising out of or relating to any such medical treatment.
6. Transportation Release. Participant releases, forever discharges, indemnifies and hold harmless the Released Parties from any and all liability, loss, costs or expenses sustained or incurred because (a) Participant was injured, died or sustained property loss or damage while being transported by any of the Released Parties or (b) because Participant injured another person or damaged the property of another person while being transported by any of the Released Parties.
7. No Assistance. Except as otherwise agreed to by the Organization in writing, the Organization does not provide any financial assistance of any kind, including, but not limited to, providing medical, health or disability insurance coverage. The Organization does not assume any responsibility for or obligation to provide financial assistance or other assistance of any kind if in the event of Participant’s injury, illness, or death, or damage to or loss of Participant’s property.
8. Media Release. Participant consents to being filmed, recorded, interviewed and photographed by the Organization. Participant unconditional assigns to the Organization all rights to all (a) media that may contain the Participant's image, likeness or recordings (b) stories, literature, narratives or interviews submitted by, of or relating to, the Participant (c) original songs written by Participant during the course of the Activities ((a), (b) and (c) collectively, the "Content") and (d) use Participant's name, voice, likeness, biographical information, and any or all of the Content, in any of the Organization’s programming or the promotion thereof. The rights granted hereunder shall include the perpetual, royalty-free, unconditional and worldwide right of the Organization its parents, subsidiaries, and affiliated companies and their licensees, successors and assigns to edit, telecast, cablecast, rerun, record, publish, reproduce, use, syndicate, license, print, distribute and otherwise use in any media, by any means, methods and technologies now known or hereafter to become known, either in whole or in part, the Content for any commercial purposes, including, but not limited to, promoting or publicizing the Organization (including the fundraising activities of the Organization) or otherwise furthering the mission of the Organization. The Organization shall be under no obligation to actually use Participant's name, voice, likeness and biographical information or any of the Content.
9. Confidentiality. Participant understands that the Organization’s policy is to ensure that its operations, activities, and affairs are kept confidential. Participant agrees to refrain from disclosing to any outside source and to keep confidential any information or records pertaining to the Organization’s operations, clients, donors, volunteers, or employees obtained while participating in the Programs. Participant understands that this confidential information is not to be shared with anyone other than a current employee or volunteer of the Organization or another participant, and then, only as necessary to properly carry out the Activities. The Organization may take legal action against Participant in federal or state courts, including, but not limited to, seeking temporary restraining orders or permanent injunctions, to prevent the disclosure of confidential information.
10. Cultural and Religious Observances. The Organization’s Programs are multi-cultural, multi-faith programs comprised of individuals from diverse and varied backgrounds. While the Organization will make every effort to accommodate all observances, Participant understands that the Organization cannot mandate any individual's participation in a religious or cultural observance. The commitment and welfare of all individuals is the Organization’s priority.
11. Governing Law. All matters arising out of or relating to this Agreement will be governed by andconstrued in accordance with the internal laws of the State of Georgia without regard to its conflict of laws principles. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Fulton County, Georgia, and the Participant hereby irrevocably consents to the exclusive jurisdiction of such courts.
12. Miscellaneous. This Agreement represents the full understanding between the Organization and Participant and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, with respect to the subject matter hereof. If any term of this Agreement shall be held to be invalid by any court of competent jurisdiction, that term shall be deemed modified so as to be valid and enforceable. The invalidity of any such term shall not otherwise affect the validity or enforceability of the remaining terms. This agreement is binding on and insures to teh benefit of the Organization and Participant and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.
