Agreement, Waiver and Release for Participation in BioBuilder Workshop
The undersigned participant or student (or in the event such participant or student is a minor child, such participant or student’s parent or guardian), teacher or assistant hereby certifies on such individual’s behalf (or on the behalf of such parent or guardian’s minor child) as follows:
- The participant, student, teacher or assistant noted on the signature page hereto (the “Participant”) has requested the opportunity to participate in an educational session that includes, among other things, laboratory demonstrations, lectures, and discussions (“Educational Session”) with BioBuilder Educational Foundation (“BioBuilder”). The undersigned has made this request to further the Participant’s educational goals and objectives and advance the Participant’s knowledge in science. The undersigned agrees that the Participant will strictly adhere to all applicable rules, regulations, general decorum and policies and procedures related to conduct that may be set by BioBuilder as applicable. The undersigned understands and agrees that the Participant’s participation in the Educational Session is by invitation of BioBuilder only, and that BioBuilder, in its sole discretion, may terminate the Participant’s participation in the Educational Session at any time for any reason.
- The undersigned acknowledges that laboratories are specialized environments involving, among other things, the use of scientific instruments, chemicals and biologics, which even under ideal laboratory conditions, may involve a degree of risk that is likely greater than that which is ordinarily encountered in daily life and that could involve greater risk, including bodily injury, if used or handled improperly. The undersigned acknowledges that participating in the Educational Session may be dangerous and may involve risks of serious injury, death, illness or property damage and the Participant hereby assumes full responsibility for such. The undersigned acknowledges that BioBuilder is not an insurer of the Participant’s health and safety and are not required to provide insurance to cover the Participant’s participation in the Educational Sessions in the event that the Participant suffers illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or participation in any Educational Session. To the knowledge of BioBuilder none of the instrumentations, chemicals or biologics in the laboratories used in the Educational Sessions have been or are known to make healthy individuals ill. The undersigned acknowledges that it is its and the undersigned and/or the Participant’s responsibility to assess any risks the undersigned and/or Participant may feel are presented to the undersigned and/or Participant by participating in the Educational Session and agree that BioBuilder will not be held responsible for any illness or injury that may befall the undersigned and/or Participant.
- The undersigned certifies that, to the best of the undersigned and/or Participant’s knowledge, the Participant is in good health and suffers no mental or physical disability, impairment or condition which would render the Participant’s participation in the Educational Session medically inadvisable, or otherwise limits the Participant’s ability to engage in the Educational Session activities.
- In consideration of BioBuilder permitting the Participant to participate in the Educational Session, and to the fullest extent permitted by applicable law, the undersigned voluntarily agrees that the Participant assumes all of the risks listed herein and accepts sole responsibility (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that the Participant may experience or incur in connection with their attendance at or participation in the Educational Session (“Claims”). The undersigned hereby releases, covenants not to sue, discharges, and agrees to hold harmless BioBuilder, its their employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind (including attorney’s fees) arising out of or relating thereto. The undersigned understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of BioBuilder and its employees, agents, and representatives, including, infections related to pandemics (including COVID-19), whether an infection occurs before, during, or after participation in any program.
- The undersigned agrees to permit BioBuilder, and its employees, representatives or collaborators to photograph, videotape or otherwise record the Participant’s image, voice and/or conversations (“Participant’s likeness”) in printed, electronic or other media form, now known or hereafter developed. The Participant’s likeness may be used by BioBuilder and the aforementioned parties for any lawful purpose, including for public relations, fundraising, promotional, recruitment or educational materials related to the Educational Session. The media form in which the Participant’s likeness may be used may include printed or electronic publications or communications, websites, or other means of distribution or transmission, now known or hereafter developed. The undersigned hereby waives any right to inspect or approve of any such media prior to use or dissemination and authorize the use of the Participant’s likeness in perpetuity and without any compensation to the undersigned and/or the Participant. The undersigned hereby assigns all right, title and interest in and to all such media capturing the Participant’s likeness to BioBuilder and agrees that all such media shall be owned by BioBuilder.
- The undersigned agrees that this Agreement, Waiver and Release shall be governed for all purposes by the laws of the Commonwealth of Massachusetts, without regard to any conflict of law principles.
- The undersigned understands that in the case of an applicable cancellation refund, a refund less applicable processing fees will be issued. No refunds are available if a registrant cancels within 15 days of the start date.
This Agreement, Waiver and Release is legally binding, made voluntarily by the undersigned, on the undersigned’s own behalf (or on behalf of a minor by a parent or guardian if the Participant is a minor), and on behalf of heirs, executors, administrators, legal representatives and to the BioBuilder Educational Foundation. The undersigned is aware that by agreeing to this Agreement, Waiver and Release the undersigned and Participant are giving up valuable legal rights, including the right to recover damages from BioBuilder in case of illness, injury, death or property loss or damage, including, for the avoidance of doubt and without limitation exposure to COVID-19 at any BioBuilder program and any illness, injury or death resulting therefrom. The undersigned understands that this document is a promise not to sue and a release of all claims. The undersigned agrees that this Agreement, Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Massachusetts and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and legal effect. If signing on behalf of a minor, the undersigned understand that this Agreement, Waiver and Release is made on behalf of the minor child(ren) and/or legal wards and the undersigned represents and warrants to BioBuilder that the undersigned has full authority to sign this agreement on behalf of such minor(s).