Participant and Audience Recording Authorization, Assignment and Release
To gain entrance to the event, you must print this document, initial each page, sign the last page, and bring the signed and initialed document to the event.
Title or Description: Java Posse Roundup
Presenters: Dick Wall, Joe Nuxoll, Carl Quinn, Tor Norbye and Bruce Eckel
Event Sponsor: MindView LLC
Date: March 26-30, 2012
Place: Crested Butte, Colorado
WHEREAS Sponsor wishes to be able to include in the Record portions or all of photographic, video and/ audio recordings made of persons present, one of whom the undersigned (“Signer”) wishes to be, and Sponsor will not admit to the Event any person who has not consented to the provisions of this document; and
WHEREAS, the format of the Event will be an “Open Spaces Conference,” in which the participants share a passion for the general topic to be discussed and meet at a defined time and place for the purpose of adopting specific topics and assembling into voluntary groups for the resulting discussions; and
WHEREAS, the Sponsor will call upon participants at the Event to assist the proceedings voluntarily and without additional consideration by operating equipment that is used to make and prepare the Record; and
WHEREAS, Sponsor and its respective representatives at the Event will incur expenditures of money and opportunities in reliance upon the Signer's consent to the provisions of this document, including (without limitation thereto) the Signer's promise to make post-Event assignments and to give further assurances; and
WHEREAS, the Signer requests admission to the above Event and consents to the provisions of this agreement (the “Agreement”);
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Signer hereby makes the following acts, representations and promises the Sponsor:
- I represent that I am over the age of 18 years and that I have the legal capacity to contract on my own behalf.
- I consent in advance to the audio and/or video recording by any means (the “Record”) of the Event, including (without limitation thereto) my own attendance and participation at the Event, including all extensions and postponements thereof, regardless of venue. References in this document to the Record shall include the physical media, the electronic and magnetic images thereon, and the recorded audio and video content.
- If at the Event I undertake to operate any recording equipment, I shall immediately thereafter deliver to Sponsor the original and all copies of that part of the Record; furthermore I agree that all media on which the Record is recorded shall be the property of Sponsor and all right, title and interest in and to intellectual property inherent in the making of the Record which might arise in me by reason of operating the equipment shall be the property of Sponsor.
- If at the Event or later I undertake to edit, cut, copy, modify or otherwise produce the Record into a changed format or form, all rights in and to the Record that might arise in me by reason of making such changes shall be the property of Sponsor.
- Effective immediately upon the creation of any rights that I might have to the Record or any part thereof, I grant and assign to Sponsor all right, title and interest in and to the Record, including (without limitation thereto) portions thereof that show my attendance and/or participation in the Event and/or which embody my skill, talent and creative ability in making or preparing the Record.
- I hereby grant and assign to Sponsor and its officers, agents, employees, licensees and assigns, if any, jointly and severally and without limitation (Sponsor, et al), without further compensation to me, all of my rights, if and when they exist, to the Record for the full extent and duration of said rights under the law; such rights include (without limitation thereto) all rights arising under the United States Copyright Act and specifically (without limitation thereto) Section 106 of that Act. Such rights with respect to the Record include (without limitation thereto) the right to reproduce, to create derivate works, with or without my presence or participation included, for incorporation in any work, publication and/or other media, for all public and private purposes, to copy, sell, lease, lend, license, exhibit, publish and to distribute; and also, to the extent applicable, to publicly perform and display the same; such rights also include my rights of privacy and my rights to publicity.
- I hereby grant and assign to Sponsor, et al, the right to use my name, image and likeness as preserved in the Record, and I hereby specifically waive my rights to privacy and to approve of any use or non-use of my name, image and/or likeness as preserved in the Record.
- With respect to each and every one of the foregoing grants and assignments, I waive all past, present and future rights of prior review and/or approval of any and all parts and forms of the Record, on any media, and I waive all Moral Rights therein that exist or may arise by law in my favor, in perpetuity.
- To the extent that any of the aforementioned rights are not transferred or have not yet been successfully transferred to Sponsor, et al, I hereby authorize and license Sponsor, et al, to use those rights to their full extent and for their full duration under the law.
- To the extent not already accomplished by the foregoing grants, assignments and waivers, I irrevocably authorize Sponsor, et al, to use in any way all or any portion and form of the Record, with or without my presence or participation included, for incorporation in any work, publication and/or other media, for all public and private purposes, including (without limitation thereto) for-profit and non-for-profit endeavors, advertising, promotion, magazines, newspapers, audiovisual works and all other forms of media and publication, including (without limitation thereto) photographic images, DVD's, CD's, online network broadcasts and narrowcasts, radio and television distribution and broadcast, websites, internet downloads and podcasts. I acknowledge and agree that Sponsor, et al, has no obligation to wholly or partially use the Record or any of the rights granted in this Agreement.
- I release and forever discharge Sponsor, et al, from any and all claims and demands arising out of or in connection with the use of the Record, including, but not limited to, any and all claims for invasion of privacy or defamation and any and all claims for violation of my rights to publicity.
- I agree to re-execute and reaffirm this document after the conclusion of the Event to assure accomplishment of the provisions of this Agreement for the benefit of the Sponsor, et al, and to make such subsequent written assignments and other assurances as the Sponsor may request to effectuate and assure that the Sponsor shall have and enjoy any rights in the Record which would otherwise be mine or which might otherwise entitle me to object to the making or disclosure of the Record, including (without limitation thereto) my right of privacy and my commercial interests in my name, image and likeness. The actions required of me in this paragraph shall be referred to as “Further Assurances.”
- To the full extent allowed by law, I grant to Sponsor an irrevocable limited power of attorney, coupled with an interest, to execute any and all Further Assurances by and in my name, whether or not I previously have been requested to sign the same or have declined to sign the same; and I agree that each and any such Further Assurances signed under said power of attorney shall be valid and enforceable as if I had executed it in person.
- My acts and undertakings made in this Agreement with reference to the Event shall and do hereby include all extensions and postponements of the Event, regardless of venue.
- This document shall constitute an offer by me to the Sponsor, which shall be deemed accepted by the Sponsor when I am granted admission to the Event after having signed this Agreement and having delivered it to the Sponsor. If for any reason I sign this document after the beginning of the Event, I acknowledge the receipt of adequate consideration and agree that my signature shall be deemed effective as of the beginning of the Event.
- The provisions of this instrument are severable to the extent necessary to avoid invalidity of any provision. The title of this Agreement is informational only and shall not be used to interpret any provision of this Agreement. Time is of the Essence. This Agreement may only be amended in writing signed by the party to be charged with the consequences thereof. The Agreement shall be governed by the laws of the State of California, excluding the body of law known as conflicts of law. In the event of dispute, venue shall lie in the courts having appropriate jurisdiction which are located in the Counties of San Diego or San Francisco, California. This is the entire agreement of the Sponsor and the Signer with respect to the subject matter hereof.
IN WITNESS WHEREOF, I, the Signer, have signed this agreement effective immediately, on a date prior to my admission to the Event.
Date of Signature
(End of Release Form)
VISITOR’S ACKNOWLEDGMENT OF RISK
PLEASE SIGN AND BRING ON THE FIRST DAY OF THE EVENT
In consideration of the services of Bruce Eckel and MindView LLC., their officers, agents, employees, and stockholders, and all other entities associated with those businesses (hereinafter collectively referred to as "MindView"), I agree as follows:
While attending an event produced or managed by MindView (a "MindView Event"), I may take advantage of physical recreation opportunities available nearby. MindView has informed me that such activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. MindView does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks.
- Possibility of physical injuries, including serious and disabling injuries
- Inaccessibility to sophisticated medical care
- Occasional inaccessibility to motor vehicles and/or telephone communication
- Unknown trail conditions; unmarked hazards, possibly including precipitous grades and sharp turns
- Changeable trail conditions
- Exposure to adverse and severe weather conditions
- Unpredictable behavior of wildlife
- Equipment breakdown that may not be subject to repair
I am aware that hiking, mountain biking, skiing and other activities entail risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.
I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge recreational activities nearby that might interest me are offered through businesses that specialize in providing and supporting such activities, and that they have available staff who can explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity. I certify that I am fully capable of participating in any recreational activity that I undertake during a MindView Event. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death and loss of personal property and expenses as a result of those inherent risks and dangers identified herein or those inherent risks and dangers not specifically identified, or as a result of my negligence in participating in this activity.
I have carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representative and estate and for all members of my family, including minor children.
(Under 18, signature of parent or guardian)
(End of VISITOR’S ACKNOWLEDGMENT OF RISK)
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