Video Consent and Release
I (“Participant”), hereby consent and grant to the Young Science Achievers Program® (YSAP®) the full and continuing right to use any and all photographs and/or motion pictures of me and also the recordings of my voice, if any, for any purpose related to the Young Science Achievers Program (collectively the “Materials”).
I further agree that any and all Materials may be edited, reproduced, and presented in any way deemed proper by the YSAP® without additional consent from me, or payment to me or anyone on my behalf claiming to have right to such payment, and such Materials may be used with or without my name. I also agree that YSAP may assign or license all of the rights herein granted and that the Materials may be copyrighted by YSAP®, its assigns, or licensees without any obligation to pay royalties or fees to me or anyone in my behalf claiming to have rights to such fees for whatever reason.
I hereby agree to release and to hold harmless the YSAP®, and any of their directors, trustees, supporters, officers, representatives, members, agents and employees from all claims of every kind on account of such use.
This Mentor Agreement (the “Agreement”) is made and entered into, to be effective for all purposes as of Today’s Date, notwithstanding earlier or later execution (signing), by and between Young Science Achievers Program (“YSAP”) a Non-Profit organization having its office and principal place of business in North Branch, New Jersey (the “Non-Profit”) and you, the Mentor.
The Non-Profit desires to utilize the Mentor in the conduct of the Non-Profit’s organization, and the parties enter into this Agreement.
1. Mentor Status. This Agreement does not create an employee/employer relationship. It is the parties’ intention that the Mentor will be an Independent Mentor and not YSAP’s employee for all purposes, including, without limitation, the application of the Fair Labor Standards Act minimum wage and overtime provisions, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, any state income tax law, or any local income tax law, any state workers’ compensation laws, and any state unemployment insurance law.
2. Description of Work. The Mentor will be responsible for providing mentoring. The Mentor will retain absolute discretion as to the manner and means of carrying out his/her mentoring services.
3. Non-exclusivity. Mentor and YSAP acknowledge that the Mentor is retained on a non-exclusive basis and is free to engage in and simultaneously perform any other employment while performing his/her Mentoring. Nothing herein precludes Mentor from advertising his/her skills and services to the general public, however, YSAP marketing may not be replicated or appropriated by Mentor for any purpose without express written permission of YSAP.
4. Expenses. Mentor agrees YSAP is a Non-Profit organization and YSAP will not be liable to Mentor for any personal expenses Mentor incurred in the rendition of Mentoring services.
5. Supplies. Unless otherwise agreed by YSAP, Mentor will provide his/her own supplies and equipment required to complete the Mentoring of students.
6. Insurance. Mentor understands that he/she is a volunteer and as such no Workers’ Compensation Insurance shall be obtained by YSAP for Mentor.
7. Confidentiality. Mentor acknowledges that, during the performance of mentoring, Mentor will have access to information relating to student’s identity, address, contact information, and other personal information or requests for services (“Confidential Information”). Mentor agrees that Mentor owes a duty to YSAPs, students, and such third parties, during the term of this Agreement and thereafter, to hold all such Confidential Information in the strictest confidence and not to disclose it to any person, firm or corporation or to use it except as necessary in carrying out mentoring consistent with this Agreement.
8. Mentor Documents. Mentor acknowledges that a copy of all documents created or received by Mentor in connection with the administration of services performed hereunder (“Mentor Documents”) may be retained by YSAP and used for its administrative purposes. For purposes of this Agreement, Mentor Documents does not include materials solely associated with the teaching of educational subject matter including session plans, textbooks, notes, outline and/or tests, and YSAP acknowledges these materials belong to the Mentor.
9. Indemnity and Hold Harmless Clause. Mentor agrees to indemnify and hold harmless YSAP, its subsidiaries, affiliates, and their directors, officers, employees and agents, from and against any and all losses, expenses, costs, liabilities and damages (including any legal fee and expenses), any and all injuries, whether direct, consequential or incidental in nature, which result from, are connected with or arise out of the negligence by Mentor in mentoring students under this Agreement. It is Mentor’s sole duty to exercise his/her own judgment, protocols and/or standards when considering whether to engage in mentoring services with each student referred to Mentor by YSAP. Mentor is never obligated by YSAP to pursue any mentoring opportunity.
10. Site Content. Mentor acknowledges that all website content submitted by Mentor will be the property of YSAP and may be distributed by YSAP at the Non-Profit’s sole discretion. Such content includes, but is not limited to, articles, testimonials, reviews, video submissions, and blog entries (“Site Content”).
11. Assignment. Mentor may not assign or transfer this Agreement without the prior written consent of YSAP.
12. Termination of Relationship. Either party may terminate this Agreement for any reason at any time.
13. Amendment. This Agreement may only be amended or modified by a writing which makes express reference to this Agreement as the subject of such amendment and which is signed by Mentor and, on behalf of YSAPs, by its duly authorized officer.
14. Severability. If any term, provision, covenant or condition of this Agreement or part thereof, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant, or condition shall remain in full force and effect, and any such invalid, unenforceable or void term, provision, covenant or condition shall be deemed, without further action on the part of the parties hereto, modified, amended and limited to the extent necessary to render the same and the remainder of this Agreement valid, enforceable and lawful.
15. Terms of Arrangement. YSAP gratefully accepts a mentor for an indefinite period, subject to the provisions of this Agreement. Mentors may be ceased for a material breach of this agreement, including but not limited to failure to maintain a student’s confidentiality and/or a material failure to follow YSAP’s administrative procedures.
16. Entire Agreement. This Agreement contains the entire agreement and understanding between the parties hereto in respect to the subject matter hereof and supersedes, cancels and annuls any prior or contemporaneous written or oral agreements, understandings, commitments, and practices between them respecting the subject matter hereof, including all prior agreements, if any, between YSAPs and Mentor, which agreement(s) hereby are terminated and shall be of no further force or effect.
17. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws, but not the choice of law rules, of the State of New Jersey.