RELEASE, WAIVER OF LIABILITY, AND LICENSE
FOR BOYD’S STATION PROGRAMS

I agree to the following terms and conditions for my participation in Boyd Station’s Artist Residency programs/workshops and Project 306.36 | Reinke Grant for Visual Storytelling | Mary Withers Rural Writing Fellowship | Bell Family Visual Storytelling Grant, and Dusk to Dusk 24-Hour Photojournalism Challenge (the “Program”) :

1. Acknowledgment and Acceptance of Risk. I recognize that participation in all of Boyd’s Station programs is voluntary and that there are certain inherent risks that participants voluntarily assume. I understand and agree that neither Boyd’s Station nor its founders, nor the Executive Board of Directors, the Board of Advisors, agents, officers and employees of Boyd’s Station, nor the Clifford Craig Heritage, LLC assume any responsibility for damages to or loss of my property, personal illness or injury, or death to me while I participate in any program. By voluntarily participating, I freely assume any risk associated with or arising out of my participation in this program.

2. Insurance. I understand and agree that it is my responsibility to ascertain whether I have adequate health and accident coverage and to procure any other insurance coverage as I may deem necessary.

3. Waiver, Release, Indemnification and Hold Harmless. I do hereby forever and absolutely waive and release any and all claims against Boyd’s Station, its founders, the Executive Board of Directors, the Board of Advisors, and agents, officers and employees of Boyd’s Station and the Clifford Craig Heritage, LLC, arising out of or relating to my participation in any Boyd’s Station program, including, but not limited to, claims for any injury, loss, damage or accident including motor vehicle, animal bites or injuries from animals, weather, sickness, and acts of terrorism. I also agree to defend indemnify and hold harmless Boyd’s Station, its founders, the Executive Board of Directors, the Board of Advisors, and agents, officers and employees of Boyd’s Station and the Clifford Craig Heritage, LLC from any and all liability, claims, lawsuits, judgments, losses, damages and expenses, including attorneys’ fees, arising out of any financial obligations or liabilities that I may personally incur or any damage or injury to the person or property of others that I may cause, while participating in any Boyd’s Station program.

4. Local Laws. I understand and agree that breaches of the local law will be referred to and handled by the appropriate law enforcement authorities.

5. Medical Treatment. In the event that I suffer any injury or illness while participating in a Boyd’s Station program, it is my responsibility to arrange for and pay for medical treatment. I further agree to assume any and all risks associated with or arising from any such medical treatment and agree to waive any and all claims which I might assert against Boyd’s Station, its founders, the Executive Board of Directors, the Board of Advisors, and agents, officers and employees of Boyd’s Station and the Clifford Craig Heritage, LLC for such medical treatment.

6. License of Rights in Works. At the conclusion of the Program, I will deliver to Boyd’s Station a copy of all film, video, media, electronic recorded images, literary work, and/or any other work created by me in connection with my participation in the Program, as well as accurate information describing such materials for captions or other purposes (the “Work”). As the artist/photographer, I will own all rights to and in all the Work created, but I acknowledge and agree that Boyd’s Station will have certain rights in and may select and accept certain Work for its use under the terms of this Release. In exchange for my participation in the Program, I hereby grant to Boyd’s Station the perpetual, irrevocable, worldwide licenses to publish, reproduce, distribute, modify (including by cropping), create replicas and/or derivative works from, archive, display, publish, adapt, or otherwise use or reuse the Work for the following purposes: (i) marketing, promotion, or fundraising by or on behalf of Boyd’s Station; (ii) preserving or archiving the Work, whether by Boyd’s Station or a third party; and (iii) educational purposes or similar uses intended to promote the mission of Boyd’s Station. Additionally, I hereby grant the foregoing license rights with respect to my image or likeness, which Boyd’s Station may use in connection with any use of the Work allowed under this Section 6. The foregoing rights are freely assignable by Boyd’s Station for the purposes described herein I represent and warrant that (i) my agreement to deliver the Work under the terms hereof does not violate any agreement or obligation between me and any third party; (ii) I am the sole author of the Work; (iii) the Work is original and has not been previously published for any purpose; and (iv) the Work does not violate or infringe the rights of privacy, publicity, or any other rights, including but not limited to copyrights or trademarks, of any third party, nor does the Work contain libelous or defamatory material. I acknowledge and agree that as a participant in the Program, I am an independent contractor and not an employee or agent of Boyd’s Station, and that nothing in this Release or any other agreement between Boyd’s Station and me will be deemed to create an employer-employee or agency relationship.

7. Severability. I agree that, should any provision or aspect of this Agreement be found to be unenforceable, that all remaining provisions of the agreement remain in full force and effect.

8. Governing Law. I agree that if there is any dispute concerning my participation in the Program or the interpretations of this agreement, any such disagreement shall be determined in accordance with the laws of the Commonwealth of Kentucky.

9. Entire Agreement and Modification. The terms and conditions of this Waiver, Release of Liability, and License represent my complete understanding of the parties hereto with regard to my participation in any art program at Boyd’s Station and supersedes any previous or contemporaneous understandings I may have had with Boyd’s Station on this subject, whether written or oral, and cannot be changed or amended in any way without the written concurrence of both Boyd’s Station and me.

10. Independent Analysis and Binding Authority. I HAVE CAREFULLY READ THIS RELEASE, WAIVER OF LIABILITY, AND LICENSE, AND I FULLY UNDERSTAND ITS CONTENTS. I FURTHER ACKNOWLEDGE AND AGREE THAT I HAVE HAD AN OPPORTUNITY TO CONSULT WITH COUNSEL OF MY CHOICE PRIOR TO EXECUTING THIS RELEASE. WAIVER OF LIABILITY, AND LICENSE. I ACKNOWLEDGE AND AGREE THAT THIS RELEASE, WAIVER OF LIABILITY, AND LICENSE SHALL BE BINDING UPON ME, MY SURVIVORS, HEIRS, SUCCESSORS AND ASSIGNS. I AM AWARE THAT THIS RELEASE, WAIVER OF LIABILITY, AND LICENSE INCLUDES A RELEASE OF LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY FOR NEGLIGENCE, INDEMNIFICATION, AND A HOLD HARMLESS AGREEMENT, AND I SIGN IT OF MY OWN FREE WILL. THIS RELEASE, WAIVER OF LIABILITY, AND LICENSE IS IN ADDITION TO AND DOES NOT REVOKE OR MODIFY ANY OTHER AGREEMENT OR RELEASE WHICH I MAY EXECUTE IN CONNECTION WITH THE PROGRAM.

11. Assurances and Consent. I HAVE READ ALL OF THE ABOVE INFORMATION AND CONSENT TO ALL OF THE FOREGOING PROVISIONS.

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BOYD'S STATION Inc. 210 Boyd's Station Road, Berry, KY 41003

Boyd's Station is registered with the IRS as a 501(c)(3) organization

(Tax ID: 46-1864320)