This Participation Agreement and Release (the “Agreement”) is entered into between the The School of Life Project Video Diaries LLC (the “Company”); Issaquah School District (“School”); the “Parent(s)”; and the “Student” (collectively referred to as the “Parties”).
1. The StoryCatcher Project
The School, in collaboration with the Company, has invited the Student to participate in The School of Life Video Diary Project (the “Video Diary Project”). As part of the project, the Student will be provided an opportunity on an annual basis to film his/her thoughts in response to a series of questions prepared by the Company (the “Footage”). The Student will record the Footage once every year until he/she completes Grade Eight at Issaquah Middle School or Grade Twelve at Issaquah High School (the “Recording Period”). The Footage will be filmed on a kiosk provided by The School of Life Project and operated by the School and held for the Student in confidence by the School until the conclusion of the Record Period. Unless otherwise permitted in this Agreement or required by law, neither the Company nor the School will review the Footage or provide the Footage to any person except the Student or Student’s guardian when the Student reaches the end of the Recording Period. Footage may be released to next of kin upon submission of proof of mental incapacitation or death.
2. Privacy
All Footage will be held confidentially and in a secure manner by the School and will not be reviewed or disclosed by the School or the Company to any person other than the Student, except as otherwise permitted in this Agreement or required by applicable law.
3. Consent and Revocation
The Parent(s) and the Student consent to the Student’s participation in the Video Diary Project, as described above. The Parent and/or the Student may revoke consent to the Student’s continued participation in the Video Diary Project by providing written notice of this decision to the School and the Company. If the Parent and/or Student revoke consent, that revocation is not retroactive; however, the Student’s participation in the Video Diary Project will end at the time of the revocation. In these circumstances, the Company and the School will hold any existing Footage and deliver it to the Student when he/she reaches the conclusion of the Recording Period.
4. RELEASE AND WAIVER
In exchange for the Student’s ability to participate in the Video Diary Project, each Parent and the Student hereby (severally and jointly) and their heirs, successors in interest, attorneys, representatives, and assigns: WAIVE AND RELEASE the Company, its members, officers, directors and shareholders, and the School and its board members, officers, directors, employees, agents, attorneys, insurers, and assigns from any claims the Parent(s) and/or the Student may assert, of any kind or nature, arising out of the Student’s participation in the Video Diary Project, Student’s use of the Video Diary Program, or arising out of the handling, maintenance or use of the Footage or the videos in which the Student appears. Each of the Parents and Student acknowledge that the obligation to maintain the Footage in a secure and confidential manner is solely the obligation of the School and not of the Company unless the School has contracted the Company to store it. The undersigned understands that this Release and Waiver is intended to be as broad and inclusive as is permitted by the laws of the State of Washington, and that if any portion of it is held to be invalid, they agree that the remaining terms shall continue to be in full legal force and effect.
5. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the Student’s participation in the Video Diary Project and cancels and supersedes any previous oral or written communications, representations, understandings or agreements between the Parties with respect to the same.
6. Enforcement
In the event of an action arising out of this Agreement, the exclusive jurisdiction and venue of such an action shall be a court of appropriate jurisdiction located in King County, Washington state.