Copyright, Archives and Liability Agreement
In order to preserve the longevity of the Mountain Workshops content, and to realize the importance of this collection of images, stories and videos about the Commonwealth of Kentucky, we have partnered with WKU Archives to manage and archive your edited work from this week.
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You keep your own copyright of everything you collect.
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The Mountain Workshops may use content or your likeness to promote the workshops.
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The WKU Archives is accessible to WKU faculty, students and staff for research only.
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If an interested party wishes to use an item beyond research, the WKU Archives can sell the content but you will be contacted first.
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If you want to sell the image yourself, WKU Archives will provide you with a contact of the interested party.
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After 25 years from the date on this contract, or at the time of your death, WKU will own all rights to your collection unless you specify differently in writing.
MOUNTAIN WORKSHOPS AGREEMENT
I retain the copyright to my own work obtained during the Mountain Workshops and I agree to allow the Mountain Workshops to use my photographs, video, audio, words, design or interactive graphics and all other materials, as well as my likeness taken during the workshops, without compensation, for promotional products such as websites, social media, broadcast dissemination, books, multimedia, digital distribution and exhibits related to the Mountain Workshops or Western Kentucky University’s promotion of the School of Media and its associated events.
WKU ARCHIVES AGREEMENT
I own the personal property and original art gathered at the Mountain Workshops and desire to give said personal property to the WKU Archives. As copyright holder I do hereby give and transfer to the WKU Archives the full use and limited rights, title and interests, including limited copyright, trademark and related interests, in and to the described property for educational use by WKU students, faculty and staff. I do hereby agree to inform WKU Archives of changes in my contact information. After a period of 25 years from this date or upon my death, I hereby grant that all rights will irrevocably and unconditionally transfer to WKU Archives unless requested otherwise by written communication to WKU Archives.
WKU Archives will digitally store and have available for academic research by WKU faculty, staff and students, the photojournalism participant's final edit as well as the video storytelling participant's final published video. You will be notified via email (your registration email) for any request for use other than research. You will have an option to approve or deny the request. If you deny, WKU Archives will make available to you the requesting party's contact information and it becomes your responsibility to pursue the business exchange. If you approve the request, WKU Archives will make arrangements for the sale and collect all monetary gains from the sale. You are required to keep your contact current with WKU Archives by communicating with WKU Archives at 270-745-4793 or archives@wku.edu.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in The Mountain Workshops (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Western Kentucky University, located at 1906 College Heights Blvd, Bowling Green, Kentucky 42101, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this activity, including travel to, from and during this activity.
I agree to indemnify and hold harmless Western Kentucky University against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Western Kentucky University incurs any of these types of expenses, I agree to reimburse Western Kentucky University.
I acknowledge that Western Kentucky University and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Western Kentucky University.
I acknowledge that this activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, community, faculty, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge Western Kentucky University and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Western Kentucky University for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Western Kentucky University, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant (undersigned) and Western Kentucky University agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.