Department of Sound
Terms and Conditions of Participation
These Terms and Conditions of Participation (Terms) govern the use of and participation in the services, workshops, and programs (Programs) provided by Department of Sound, a California nonprofit public benefit corporation.
The undersigned agrees to these Terms on behalf of himself or herself, the undersigned’s child participating in the Programs (Participant), and the undersigned’s personal representatives, heirs, next-of-kin, spouse, and assigns. The undersigned acknowledges and agrees that these Terms, and any supplements or modifications hereto as communicated to the undersigned by Department of Sound, apply at all times to participation in the Programs by Participant and by the undersigned.
General Release and Indemnification
The undersigned releases, discharges, and promises not to sue Department of Sound (operating under its own name or any other name) and its members, directors, officers, employees, and other agents (Releasees), for all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, known or unknown, foreseen or unforeseen, including reasonable attorneys’ fees (Losses) arising out of or with respect to participation in the Programs by Participant or by the undersigned. Notwithstanding anything herein to the contrary, if Department of Sound has actually received any payment from the undersigned in exchange for Participant’s or the undersigned’s right to participate in the Programs (Consideration), the undersigned may recover Losses from Department of Sound; provided, however, that the aggregate amount of all Losses for which Department of Sound may be liable shall not exceed the amount of Consideration.
The undersigned shall indemnify all Releasees, and shall hold each of them harmless from and against all Losses that Releasees incur or sustain, or have imposed upon them, arising out of or with respect to participation in the Programs by Participant or by the undersigned.
Media Release
The undersigned grants a license and right, and gives permission for, Department of Sound to use the undersigned’s and/or Participant’s name, likeness, image, and voice in photographic, video, digital, and other recording forms. This consent includes the unrestricted right and permission to copyright and use, reuse, publish, republish, edit, alter, exhibit and distribute any images or recordings of the undersigned and/or Participant or in which the undersigned and/or Participant may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations. The undersigned understands that such images and recordings may be readily accessible by the general public. The undersigned further acknowledges and agrees that Department of Sound and its members, directors, officers, employees, and other agents shall not be responsible for any use of such images or recordings by any third party accessing them through the internet or any other manner. The undersigned understands that the undersigned will not have an opportunity to review or approve uses of such images and recordings, and the undersigned hereby waives any right to inspect or approve the same. The undersigned understands that neither Participant nor the undersigned are entitled to or will receive payment or any other compensation for the taking or use of any such images or recordings created as a result of participation in the Programs by Participant or by the undersigned. To the extent any such image or recording of Participant is an educational record and may contain personally identifiable information about Participant as defined by the Family Educational Rights and Privacy Act of 1974, the undersigned hereby consents to the release of the image or recording. The undersigned understands that the undersigned has the right not to consent to the undersigned and/or Participant being videotaped, photographed, or recorded as part of Programs, and the right not to consent to the release or use of such images, recordings, or other media and any personally identifiable information about the undersigned and/or Participant contained in such media, and that such consent provided by the undersigned according to these Terms shall remain in effect until revoked by the undersigned in writing and delivered to Department of Sound, though any such revocation shall not affect disclosures made prior to Department of Sound’s receipt of such revocation. In addition to the general release and indemnification set forth above, the undersigned further releases, discharges, indemnifies, and holds harmless Releasees from and against all Losses arising out of or with respect to the taking or use of such images and recordings, including, without limitation, any and all claims for invasion of privacy, rights of publicity, libel, and slander.
License to Department of Sound
The undersigned, on behalf of itself and Participant, (a) grants Department of Sound and its affiliates an irrevocable, non-exclusive, royalty-free, transferable license and right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from recordings or works produced by Participant or the undersigned, including but not limited to musical works, in the course of the Programs (Participant Content) in any and all media (including the internet) now existing or hereafter devised, for any purpose whatsoever as deemed appropriate by Department of Sound; and (b) represents and warrants that (i) Participant or the undersigned owns and controls all of the rights to the Participant Content, or Participant or the undersigned otherwise has the lawful right to post and distribute Participant Content, and (ii) the use and posting or other transmission of Participant Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Acceptable Use of Technology
Department of Sound may authorize Participant or the undersigned to use technology resources licensed and provided by Department of Sound as necessary (in Department of Sound’s sole discretion) for instructional purposes in the Programs. The undersigned acknowledges that Department of Sound expects Participant and the undersigned to use such technology responsibly in order to avoid potential problems and liability. Such technology may include but is not limited to online production software, online courses, the Thinkific platform, Google Classrooms, Hangouts, video and chat functionalities, blogs, videos, and email for sharing content and communicating with classmates, instructors, and, where appropriate, the general public. Participant’s and the undersigned’s use of such technology shall be subject to all terms of use and privacy policies applicable to such technology. Department of Sound may place reasonable restrictions on the sites, material, and/or information Participant or the undersigned may access or transmit through such technology. The undersigned understands that, despite Department of Sound’s efforts, it is impossible for Department of Sound to restrict access to all offensive or controversial materials. Participant and the undersigned are not permitted to share their respective assigned online services account information, passwords, or other information used for identification and authorization purposes, and shall use the related resources only under the account to which Participant or the undersigned (as the case may be) has been assigned. The undersigned accepts full responsibility for supervision of Participant’s use of Participant’s account or accounts related to such technology if and when such access is not in the setting of the Department of Sound’s live and in-person Programs.
Miscellaneous
These Terms shall inure to the benefit of the legal representatives, successors, and assigns of Department of Sound. If any provision of these Terms is held invalid or unenforceable, such provision shall be deemed severable without affecting the validity or enforceability of the remaining provisions hereof. The failure of Department of Sound to enforce these Terms shall not be construed as a waiver unless it is in writing. These Terms constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof, all oral agreements being merged herein, and supersede all prior and contemporaneous discussions, communications, and agreements with respect thereto. These Terms shall be interpreted in accordance with California law.
The undersigned hereby certifies that the undersigned is over 18 years of age, is suffering under no legal disabilities, has read these Terms carefully before signing, and fully understands its contents.