The Attendee identified below (“Attendee”) desires to attend as a spectator the FIRST® Robotics Competition, FIRST® Tech Challenge, FIRST® LEGO® League, FIRST® Professional Development, or another FIRST® program (a “Program” or together the “Programs”). For detailed information about FIRST’s Programs and FIRST’s Youth Protection Program, visit www.firstinspires.org.
In consideration of and as a condition of allowing the Attendee to attend and spectate a Program, For Inspiration and Recognition of Science and Technology (FIRST) (“FIRST”) requires that the Attendee agree to the terms of this Consent to Attend and Release Agreement (the “Agreement”). Attendee understands that attending and/or spectating in the Programs is voluntary. Intending to be legally bound, Attendee (or his/her/their parents or legal guardians, if Attendee is under age 18) knowingly and voluntarily executes this Agreement on behalf of him/her/themself and their personal representatives, heirs, and next of kin. References to “Attendee” in this Agreement include the Attendee’s parents or legal guardians if the Attendee is under age 18, unless otherwise noted.
1. Assumption of Risk:
(a) Attendee understands that spectating any FIRST Program may expose Attendee to risks of injury and illness including, without limitation, injury and illness resulting from electrical/mechanical robots and robot components; other attendees; COVID-19 (see below) and other infectious diseases; and other risks associated with spectating the Program.
Attendee acknowledges and agrees that he/she/they is primarily responsible for his/her/their safety. The Parent/Guardian of an Attendee under 18 years of age acknowledges and agrees that the Parent/Guardian is primarily responsible for the Attendee’s safety and that the Parent/Guardian will monitor, as appropriate considering the age of the Attendee and other factors, the Attendee’s spectation of the Program.
(b) COVID-19. Attendee understands and agrees that attending the Program presents certain risks and dangers to the Attendee, both serious and minor, arising from being exposed to the COVID-19 virus and any strains, variants, or mutations thereof. COVID-19 is a disease caused by the virus SARS-CoV-2, declared by the World Health Organization to be a global pandemic. Attendee understands that COVID-19 is considered highly contagious and is primarily spread from person-to-person, including by asymptomatic persons. COVID-19 is more likely to spread when people are in close proximity to one another. Attendee understands that, while attending a Program, Attendee will be in close proximity to other persons, some of whom may be infected by, and able to spread, COVID-19.
Attendee understands and acknowledges that, given the unknown nature of COVID-19, it is not possible to fully list each and every risk of contracting COVID-19. Nevertheless, some of the generally understood risks include health consequences, personal injury, illness, permanent disability and even death, and may include coughing, shortness of breath, difficulty breathing, fever, chills, shaking, muscle pain, headache, sore throat, loss of taste or smell, pain or pressure in the chest, confusion, upper respiratory distress syndrome, pediatric multisystem inflammatory syndrome, and other symptoms and risks (“COVID-19 Exposure”).
Attendee understands and appreciates that COVID-19 risks are inherent in attending a Program and that Attendee may contract COVID-19 as a result of attending a Program. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19 Attendee agrees that Attendee knowingly assumes the risk of any and all COVID-19 Exposure. Attendee understands and agrees that this Agreement waives and releases the right to make any and all claims whatsoever related to COVID-19 exposure and any and all claims for any resulting injury, disability, or illness up to and including death and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below. I acknowledge that my visit and attendance are entirely voluntary.
2. COVID-19 Symptom-Free Attendance: Attendee agrees that Attendee will not attend a Program in person if Attendee or any individual residing in the same home as Attendee has had any symptoms of COVID-19 during the 14 days preceding the date of attendance or has tested positive for COVID-19. This requirement applies regardless of the vaccine status of Attendee unless and until guidance is updated by public health authorities regarding the transmissibility of COVID-19 by individuals who have been fully vaccinated. Attendee will comply with any COVID- 19 screening or exposure control practices which may be adopted by FIRST when attending a Program and will also comply with any COVID-19 requirements of the state or local jurisdiction in which the Program is located.
3. Release of All Claims: In consideration for Attendee’s voluntary attendance at the Programs, Attendee (or the Parent/Guardian of an Attendee under 18 years of age for and on behalf of the Attendee and the Parent/Guardian) assumes all risk of such attendance and hereby releases FIRST and its directors, officers, employees, participants, and agents (“FIRST Releasees”) from any and all claims, suits, liabilities, actions, and causes of action, including but not limited to claims of negligence on the part of the FIRST Releasees, which Attendee, or his/her/their legal heirs, representatives, successors, conservators and assigns may have, now or in the future, which arise directly or indirectly from the Attendee’s attendance at the Program. This release covers any property or personal loss or damage or other loss caused or alleged to be caused, in whole or in part, by the ordinary negligence (but not gross negligence or intentional wrongdoing) of the FIRST Releasees.
4. Indemnification: Attendee (and the Parent/Guardian of an Attendee under 18 years of age) agrees to indemnify Releasees from and against any and all claims, suits, actions, causes of action including, but not limited to, claims of negligence, and any other liabilities, including attorneys’ fees by any person arising out of, or resulting directly or indirectly from the Attendee’s attendance at any Programs, including, but not limited to, damage to personal property caused by the Attendee or injury of any person caused by the Attendee.
5. Covenant Not to Sue: Attendee agrees that he/she/they shall never institute or cause to be instituted, any suit, charge, demand, claim, complaint, or cause of action, in law, in equity, or otherwise, in any court, or in any arbitration system or procedure, against the FIRST Releasees arising out of the Attendee’s attendance at any Programs.
6. Term: The Waiver and Indemnity provided for in this Consent to Attend and Release Agreement applies to Attendee’s attendance at any and all FIRST events and or Programs from the date of execution.
7. Consent to Record and Collect Personally Identifiable Information, and Ownership of Recordings:
(a) Attendee understands that live broadcasts, photographs, videotapes, and other recordings (collectively the “Recordings”) may be made of attendees at the Programs, including the Attendee. Attendee consents to those broadcasts, photographs, videotapes, and other recordings and the use thereof (i) as part of a record of the Program and (ii) to publicly promote FIRST and the Programs.
(b) Attendee understands that FIRST is the sole and exclusive owner of all right, title and interest in the Recordings including all copyrights and other intellectual property rights and that the Attendee will not have any right to review and approve any such Recording before it is used or disclosed.
8. Entire Agreement/No Waiver: This Agreement represents the entire agreement between the parties with regard to the matters herein and supersedes any other agreement or understandings, whether written or oral, and cannot be changed unless agreed upon and signed by an authorized representative of FIRST in writing. Any waiver of any obligation of either party to the Agreement by the other party shall not be construed to be a waiver of any other obligations or the same obligation on a future occasion.
9. Severability and Counterparts: The terms of this Agreement are independent of each other. If a term in the Agreement is deemed unenforceable by a court, the remaining terms shall remain in full force and effect. Multiple copies of this Agreement may be signed, all of which constitute one and the same agreement.
10. Jurisdiction: Attendee acknowledges that the validity, effect, and operation of this agreement shall be determined according to the laws of The State of New Hampshire (but not its conflict of laws rules), and Attendee agrees to submit to the jurisdiction of the state and federal courts located in The State of New Hampshire.
Attendee has read this Agreement and understands that it includes a release and waiver of the right to make any injury or damage claims (as described above) and that it is intended to be legally binding.
By signing below, Attendee (or the Parent/Guardian of a Attendee under 18 years of age) acknowledges that they have read, understand, and agree to this Consent to Attend and Release Agreement.
Today's date: December 2, 2023