Consent to Use of Image or Likeness
WHEREAS, Action Theatre Conservatory LLC, a not for profit corporation with offices at 68 Union Avenue, Clifton NJ (“ATC”) offers classes that are conducted entirely online, with lectures, class and individual exercises, performances, and all other interactions between the students and instructors, taking place via Zoom, FaceTime, GoToMeeting, or other similar online meeting formats (collectively, the “Class” or “Classes” and the “Provider”);
WHEREAS, you are seeking to register as a student (“Student”) in one or more of the Classes;
WHEREAS, ATC intends to record some or all of the Classes and to use all or a portion of such recordings, transcripts of the audio portions of the recordings, still images from the visual portions of the recordings, as well as video, audio, and/or written excerpts or transcripts from those recordings, all of which may include video images of Student either with or without accompanying sound recordings of Student’s voice or transcriptions of Student’s words (collectively, the “Recordings”), as part of its curriculum (for example, by allowing other students to access and view archived Recordings), and/or as part of its website or promotional materials;
NOW, THEREFORE, in consideration of the parties’ mutual promises herein, and of Student’s participation in the Classes, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Student and ATC hereby acknowledge and agree as follows:
1. ATC may reproduce and distribute some or all of the Recordings on its website, atcstudios.org; via social media; in hard copy; and/or via other forms of broadcast or electronic reproduction. The Recordings may be altered, retouched, and/or edited by ATC, but ATC shall not intentionally alter the Recordings so as to cast Student or the Classes in a false or disparaging light. Such copying and distribution of the Recordings shall be for the sole purposes of publicizing ATC, the Classes, other programs of study it may offer, its not-for-profit mission of providing professional, high-quality performing arts training, and to increase an awareness of the arts through low-cost and/or online performances and workshops (all of the foregoing constituting the “Use”). ATC will not sell or license the Recordings for use by others, and ATC will not receive anything of value for reproducing or distributing the Recordings, with the exception of the benefits accruing to ATC as a result of the Use as described.
2. ATC may store the Recordings on its own computer or other electronic backup system, and/or using electronic storage offered by the Provider. As to Recordings that ATC retains on its own computer or backup system, ATC will take the same measures to protect those Recordings from unauthorized copying or use by others that it takes to protect its own proprietary and business information. At Student’s written request, ATC will advise you if Recordings of your class have been stored by a Provider, and the identity of that Provider. ATC makes no representation or warranty concerning the security or other protections afforded by any Provider for stored Recordings, and it makes no representation or warranty concerning the security of the Recordings it stores on its own computer or backup system, apart from its agreement herein to treat the Recordings with reasonable care. Student hereby expressly waives the right to seek damages from ATC due to the misappropriation or misuse of the Recordings by any third party.
3. Student hereby grants ATC a worldwide, exclusive license and right to make Use of the Recordings, including Student’s audio and/or video image or likeness, without payment or attribution to Student of any kind, for the full term of copyright in the Recordings, including all renewals. Student hereby expressly waives all trademark rights, rights of copyright, rights of publicity, rights of attribution, moral rights, or any similar rights, in and to the Recordings.
4. Student may want to use images and/or audio portions of the Recordings as part of Student’s printed or recorded professional portfolio. At Student’s written request and at Student’s sole expense, ATC will make available to Student those portions of the Recordings then in ATC’s possession or control that feature the Student, provided that the Student shall not copy or make use of any portions of the Recordings that depict any persons other than the Student.
5. This Consent shall be deemed to have been entered into in the State of New Jersey, and except to the extent it may be preempted by applicable Federal law, is governed by New Jersey law. ATC and Student shall first seek to resolve any disputes or claims concerning this Consent by mutual agreement. To the extent the parties cannot agree after good faith negotiations, the exclusive forum and jurisdiction for resolving all claims concerning this Consent shall be binding arbitration brought in Passaic County, New Jersey, under the rules and auspices of the American Arbitration Association. The sole remedy for a claimed breach of this Consent by ATC shall be an injunction requiring ATC’s compliance with its terms. In no event shall ATC be liable for damages of any kind due to an alleged breach of this Consent.
6. This Consent shall be binding on the parties’ respective successors, heirs, and/or assigns, and contains the entire agreement between ATC and Student concerning the Recordings. It cannot be amended or supplemented except by a single separate written agreement signed, or electronically acknowledged and accepted, by both ATC and Student or Student’s authorized representative.
COVID ACKNOWLEDGMENT AND WAIVER
1. Precautions taken by ATC. We are dependent on everyone being considerate of others and committing to safe, healthy practices. Due to the 2019-2020 outbreak of the novel Coronavirus (COVID-19), Action Theater Conservatory, Inc. (“ATC”) is taking extra precautions in compliance with CDC guidance and state and local recommendations, including health history review and enhanced sanitation/disinfecting procedures and practices, including:
A. All students and instructors must make every effort maintain social distancing, when possible, in the studio space;
B. At all times when we’re in closer proximity than six (6) feet, students and instructors must wear snug-fitting masks that cover both our mouths and noses. If you object to wearing a mask, or have a medical reason for being unable to wear a mask, you must advise ATC prior to registering for an in-person class. ATC may refuse registration and/or terminate the right to continue attending class(es) to any person who, for whatever reason, does not or cannot comply with this mask-wearing requirement;
C. We will check every instructor and student using a no-contact thermometer before each class; anyone with a fever will not be permitted to participate in the class;
D. Every student must bring a pair of gloves to class, as some beginning exercises require us to pass or handle objects among class members; anyone without gloves will not be permitted to participate in that exercise;
E. Hand sanitizer will be available for all to use; we ask that every student and instructor use it after each exercise requiring the use of gloves; when your hands have come into direct contact with other persons or surfaces commonly used by others, such as doorknobs, faucets, and toilet or urinal handles; or at any other time when you feel that use of the hand sanitizer is needed for your personal protection;
F. ATC is requiring each student to fill out this form, and for each student and instructor to reaffirm the health history representations made herein, before the start of each class.
2. Student Health History Representations. Symptoms of COVID-19 include fever, fatigue, dry cough, and difficulty breathing. Student (also referred to hereafter as “I”) understands these symptoms and agrees that if Student is displaying any of these symptoms, Student will not attend class. I further represent and affirm that I, and all members of Student’s household:
A. Do not currently have, nor have experienced, the symptoms listed above within the last 14 days;
B. Have not been diagnosed with COVID-19 within the past 30 days;
C. Have not knowingly been exposed to anyone diagnosed with COVID-19 within the past 30 days; and
D. Have not traveled outside of the country or to any city considered to be a “hot spot” for COVID-19 infections within the past 30 days.
3. Student Agreements, Understandings, Waiver and Indemnification.
A. I agree that I am personally responsible for my safety and actions while attending classes at ATC. I agree to comply with all ATC policies and rules, including but not limited to all those contained herein, as well as all ATC policies, guidelines, signage, and instructions that may be posted at the ATC studio or otherwise brought to my attention.
B. I understand and agree that ATC cannot be held liable for any exposure to the COVID-19 virus caused by inaccuracies or misrepresentations in the Health History provided by each Student herein.
C. Waiver of Liability. Because the ATC studio space is open for use by other individuals, I recognize that by attending classes there I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue ATC, its instructors, board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third party using the ATC studio space, or otherwise, while participating in any activity while in, on, or around the ATC studio space and/or while using any ATC facilities, tools, equipment, or materials.
D. Indemnification. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the ATC facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
E. By signing below I acknowledge and represent that I have read the foregoing document, including the above Waiver of Liability and Indemnification; that I am sufficiently informed about the risks involved in using the ATC studio space to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same.
F. I agree that this document shall be governed by and construed in accordance with New Jersey law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of this document, including but not limited to the Wavier of Liability, as a whole.
By checking the consent box during the online registration process, I hereby acknowledge and agree that I have read this agreement and that I agree, either on my own behalf or on behalf of the minor Student named in the registration process, to all the terms set forth above.