Consent and Release Agreement

Consent and Release

The Participant identified below (“Participant”) desires to participate (as a team member, coach, mentor, judge, volunteer or in some other manner) in the FIRST^® Robotics Competition, FIRST^® Tech Challenge, FIRST^® LEGO^® League or other FIRST program or anything related to a FIRST program (the “Programs”) in Colorado.  As a condition of allowing Participant to participate in the Programs, Colorado Robotics Excelling at Science and Technology, Inc., doing business as, ColoradoFIRST, the Colorado 501(c)(3) non-profit corporation (“ColoradoFIRST”) that promotes and facilitates the Programs in the State of Colorado for and on behalf of For Inspiration and Recognition of Science and Technology, a 501(c)(3) non-profit corporation (“FIRST”), requires that the Participant (by his or her Parent/Guardian if under 18 years of age) agree to the terms of this Consent and Release Agreement and to any attached addendums.

1.  Assumption of Risk. 

     (a) Participant (or the Parent/Guardian of a Participant under 18 years of age) understands that participation in the Programs may expose Participants to risks of injury and illness including, without limitation, injury and illness resulting from building, lifting, and using electrical/mechanical robots and robot components; using tools, other participants; physical activities; infectious diseases; and other activities associated with participation in the Programs. Participant (or the Parent/Guardian of a Participant under 18 years of age) understands that ColoradoFIRST does not select, employ, supervise or otherwise exercise authority or control over the coaches, mentors, and other participants in the Programs.

    (b) Participant, if 18 years of age or older, acknowledges and agrees that he/she is primarily responsible for his/her safety. The Parent/Guardian of a Participant under 18 years of age acknowledges and agrees that the Parent/Guardian is primarily responsible for the Participant’s safety and that the Parent/Guardian will monitor, as appropriate considering the age of the Participant and other factors, the Participant’s participation in the Programs.

2. Release of All Claims. In consideration for ColoradoFIRST allowing the Participant to participate in the Programs, Participant (and the Parent/Guardian of a Participant under 18 years of age for and on behalf of the Participant and the Parent/Guardian) assumes all risk of such participation and hereby releases ColoradoFIRST and (except as expressly provided below) all ColoradoFIRST directors, officers, employees, contractors, volunteers, and agents from any and all claims for any injury of any kind to the Participant (and the Parent/Guardian) or other damages that may occur as a result of the Participant’s participation in the Programs, including without limitation any injuries or other damages that may be caused by the negligence of ColoradoFIRST or negligence of any ColoradoFIRST director, officer, employee, contractor, volunteer, or agent (including without limitation negligently failing to adequately investigate or screen coaches, mentors, volunteers, etc.), and agrees not to file any lawsuit or otherwise make any claim against ColoradoFIRST or any ColoradoFIRST director, officer, employee, contractor, volunteer, or agent for any such injury or other damages. The Participant (and the Parent/Guardian of a Participant under 18 years of age) does not hereby release any claims against any individual person who intentionally causes injury to the Participant.

3. Consent to Record and Ownership of Recordings.  Participant acknowledges consent for participation in live broadcasts, photographs and recordings as part of the Programs and understands that these may be viewed publicly as part of a recording of the Programs; to promote FIRST Programs; or for training of teams or volunteers in FIRST Programs.  Participant retains responsibility for any additional personal identifiable information they choose to disclose within those formats (for example, stating a name in a video). The Participant acknowledges that these recordings may be accessible online beyond the current Season. Events related to the Programs may be recorded and streamed over the Internet and uploaded to video-sharing services where they may be viewed both by other participants and the public. These recordings and streams may include photographs, video and audio recordings created by ColoradoFIRST, other participants or by third parties. In some circumstances, events may be conducted virtually (either entirely or in part), and the recordings and streams may consist largely of photographs, video and audio recordings provided by Program participants.  In addition, during live events, separate photographs and video recordings may be made of participants in the Programs, including of Participant. The photographs, recordings and streams described by this paragraph are referred to below as “Event Recordings.”

Event Recordings generally do not identify participants by name. However, if a Participant is nominated to receive an award, then Participant may be named in an Event Recording, and the Participant’s team membership may be identified. In addition, Participant’s association with a specific FIRST team may be readily apparent from an Event Recording.

Portions of Event Recordings may be used by ColoradoFIRST and its sponsors for promotional purposes and may be reproduced and distributed in print or on the Internet, and may be streamed online or through the Internet, either by themselves or as part of a larger work.  In addition, ColoradoFIRST may provide portions of Event Recordings to television stations, newspapers and other media entities for purposes of promoting the Programs, events, and ColoradoFIRST generally.

Participant (or the Parent/Guardian of a Participant under 18 years of age) consents to being included in Event Recordings and to the use, transmission, public display and public performance of Event Recordings as described by this Section. Neither Participant nor Participant’s parent or guardian shall have any right to review or approve any Event Recording.

4. Consent to Collect Personally Identifiable Information.  Participant (or the Parent/Guardian of a Participant under 18 years of age for and on behalf of the Participant and the Parent/Guardian) consents to the collection and processing of personally identifiable data, of the types and for the purposes expressed in the FIRST Privacy Policy and as described by this agreement. The FIRST Privacy Policy is available at https://www.firstinspires.org/about/privacy-policy or by requesting a copy by emailing Team Support at customerservice@firstinspires.org. Participant (or the Parent/Guardian of a Participant under 18 years of age) acknowledges they have read, understand, and affirmatively consent to the FIRST Privacy Policy. Participant (or the Parent/Guardian of a Participant under 18 years of age for and on behalf of the Participant and the Parent/Guardian) consents to the sharing of information between FIRST and ColoradoFIRST.

5.  Acceptance of COVID-19 Risks.  Participant (or the Parent/Guardian of a Participant under 18 years of age) understands and agrees that participation in the Programs present certain risks and dangers to Participant, both serious and minor, arising from being exposed to the COVID-19 virus. COVID-19 is a disease caused by the virus SARS-CoV-2, declared by the World Health Organization to be a global pandemic. Participant (or the Parent/Guardian of a Participant under 18 years of age) 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.  Participant (or the Parent/Guardian of a Participant under 18 years of age) understands that, while participating in FIRST Programs, Participant may be in close proximity to other persons, some of whom may be infected by, and able to spread, COVID-19.

Participant (or Parent/Guardian of a Participant under 18 years of age) understands and acknowledges that, given the unknown nature of COVID-19, it is not possible to list every risk of contracting COVID-19, but that COVID-19 may cause temporary or permanent disability and even death.  Symptoms 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”).

Participant (or the Parent/Guardian of a Participant under 18 years of age) understands and appreciates that COVID-19 risks are inherent in participating in the Programs and that Participant may contract COVID-19 as a result of participating in the Programs. Participant (or the Parent/Guardian of a Participant under 18 years of age) agrees that Participant’s participation in the Programs is voluntary and Participant and the Parent/Guardian of a Participant under 18 years of age hereby knowingly assume the risk of any and all COVID-19 Exposure. Participant (or the Parent/Guardian of a Participant under 18 years of age) understands and agrees that the waiver and release of the right to make injury claims described in the Agreement to which this Addendum is attached 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.

COVID-19 Symptom-Free Participation: Participant (or the Parent/Guardian of a Participant under 18 years of age) agrees that Participant will not participate in-person in FIRST Programs if Participant or any individual residing in the same home as Participant has had any symptoms of COVID-19 during the 14 days preceding the date of participation. Participant (or the Parent/Guardian of a Participant under 18 years of age) agrees that Participant will comply with any COVID-19 screening or exposure control practices which may be adopted by FIRST or ColoradoFIRST when participating in a FIRST Program and will also comply with any COVID-19 requirements of the State or local jurisdiction in which the Participant is participating.

6. 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 ColoradoFIRST 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.

7. 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.

8. Jurisdiction.  Participant (and Participant’s parents and guardians, if Participant under age 18) acknowledges and agrees the validity, effect, and operation of this agreement shall be determined according to the laws of Colorado (but not its conflict of laws rules), and Participant agrees to submit to the jurisdiction of the state and federal courts located in Colorado. 

Participant 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, Participant (or the Parent/Guardian of a Participant under 18 years of age) acknowledges that they have read, understand, and agree to this Consent and Release Agreement.

Electronic Signature: By signing this Agreement, Participant acknowledges and agrees that his/her electronic signature has the same legal effect and validity as his/her written signature, and that this Agreement is valid and will be given the same legal effect as a written and signed agreement. Participant further acknowledges and agrees that no certification authority or other third party verification is necessary to validate his/her electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of his/her electronic signature of this binding Agreement. Participant’s consent to the electronic signature applies only to this Agreement and does not apply to any separate transactions or communications with ColoradoFIRST.