BERKS KIDS GOT TALENT

Transcription

1 BERKS KIDS GOT TALENT Application and Guidelines The Children s Dyslexia Center of Reading is sponsoring a talent contest featuring the youth of Berks County. All proceeds derived from the contest will benefit Children s Dyslexia Centers, Inc., located in Reading, Pennsylvania, a non-profit 501(c)(3) charitable organization of the Scottish Rite. Contestant Application: Name: Address: Age: Grade: School: Telephone: Talent (vocal/dance/etc.): Solo or Group (if group, list names of each member each member must complete the application and pay the fee, submit together, if possible): By signing, the contestant/parent or Guardian agrees to abide by the rules of the Berks Kids Got Talent contest and to return all required paperwork, including any Waivers and Indemnifications. Contestant Signature: Parent or Guardian Signature: Send completed application and application fee of $10.00 to: Berks Kids Got Talent c/o Landon Heimbach 348 N. Church Street Robesonia, PA All applications must be received by December 15, 2015 to be entered into the contest. For questions, please BKIDSGT@gmail.com.

2 Contest Guidelines: Berks Kids Got Talent (BKGT) will be held at the Scottish Rite Cathedral, located at 301 South Seventh Avenue, West Reading, Pennsylvania An audition for all talent acts will be held on January 9, Auditions will be scored by a panel of judges. The twenty highest scoring acts will advance to the final round of competition to be held on January 16, The final competition will again be scored by a panel of judges. Cash prizes will be awarded to the top three scoring finalists. An audience choice cash prize will also be awarded. Top prize for the contest winner is $ Entrance applications will be accepted from qualified individuals and groups performing within the guidelines of contest talent categories. Applications are available online at or by at BKGT@gmail.com. A nonrefundable entrance fee of $10.00 is due upon submission of the application. Applicants must meet the following criteria in order to qualify for BKGT: 1. Contestant must be between the age of 8 and 18 years old, a Berks County resident, and be a current student enrolled in public, private or home school. Contestant must be attending school within Grade All group acts must submit individual applications and fees. 2. Application fee is nonrefundable. Application fees must be made payable to Children s Dyslexia Center of Reading and submitted with the application. 3. All artistic talents are accepted - music (vocal and instrumental), dance, magic, theatre, comedy, juggling, etc. 4. Contestant is required to provide all music and props for the performance. Performance must be limited to three minutes or less. An accompanist may be provided. All prerecorded music must be in CD form. 5. Voting results from the judges and audience will be final. Audition finalists will be notified via of their contest standings. BKGT winners will be announced at the January 16, 2016 show.

3 RELEASE AND WAIVER OF LIABLITY AND INDEMNITY AGREEMENT This Release and Waiver of Liability and Indemnity Agreement ( Agreement ), entered into this day of 20, by and Between Children s Dyslexia Center of Reading, ( Dyslexia Center ) a Pennsylvania, with a business address of 301 South Seventh Avenue, West Reading, PA 19611, Berks County, Pennsylvania, ; Scottish Rite Cathedral, ( Scottish Rite ) a Pennsylvania Corporation, with a business address of 301 South Seventh Avenue, West Reading, PA 19611, and, an adult individual/parent or Guardian for the minor child, with an address of ( Client ) (collectively referred to as the Parties ). BACKGROUND Client is an adult individual and/or a Parent or Guardian for a minor child who has agreed to participate in a Talent Show ( Talent Show ) on behalf of the Children s Dyslexia Center of Reading located at the Scottish Rite Cathedral at 301 South Seventh Avenue, West Reading PA ( Premises ). Client has been informed of the dangers involved in participating in the Talent Show in an indoor facility such as the one provided by the Scottish Rite. Despite awareness of these dangers, Client wishes to voluntarily, on behalf of him/herself and for any minor child whom he/she is the parent or natural guardian thereof, and in consideration for the potential winnings received from the Talent Show and usage of the premises provided by Scottish Rite, agree to indemnify, hold harmless and covenant not to sue Dyslexia Center and Scottish Rite from any and all claims arising out of the Talent Show provided by Dyslexia Center or from the premises provided by Scottish Rite. AGREEMENT NOW THEREFORE, the Parties intending to be legally bound hereby acknowledge and agree as follows: THIS AGREEMENT IS A CONTRACT BETWEEN DYSLEXIA CENTER, SCOTTISH RITE AND CLIENT. CLIENT HAS READ AND FULLY UNDERSTOOD THIS AGREEMENT. CLIENT ENTERS INTO THIS AGREEMENT OF HIS/HER OWN VOLITION AND UNDERSTANDS THAT THE ACTIVITIES OF A TALENT SHOW COULD INVOLVE PHYSICAL CONTACT AND MAY LEAD TO INJURY. ADDITIONALLY, CLIENT IS AWARE THAT ANY ACTIVITIES IN AN INDOOR FACITLITY CAN LEAD TO INJURY FROM DEFECTS IN THE PREMISES. DESPITE THIS KNOWLEDGE, CLIENT HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS AND COVENANTS NOT TO SUE, DYSLEXIA CENTER AND SCOTTISH RITE OR ANY OF ITS AGENTS, FROM ANY AND ALL LIABILITY RELATED TO INJURIES ARISING FROM NEGLIGENCE, GROSS NEGLIGENCE OR USAGE OF THE PREMISES. BY ENTERING

4 INTO THIS AGREEMENT, CLIENT HEREBY UNDERSTANDS THAT HE/SHE HAS WAIVED ANY AND ALL RIGHT TO BRING ANY CLAIM ARISING IN TORT AGAINST DYSLEXIA CENTER AND SCOTTISH RITE. CLIENT INTENDS THAT THIS AGREEMENT AMOUNT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILTY TO THE GREATEST EXTENT OF THE LAW AGAINST DYSLEXIA CENTER AND SCOTTISH RITE. 1. Dangers of Participation. Client hereby agrees that participation in this activity is dangerous and that they have inspected the facilities and equipment provided to be used and that if he or she believes either the premises or equipment to be unsafe they will immediately inform an agent of Dyslexia Center or Scottish Rite and will not participate in any activities. 2. Assumption of Risk. Client hereby acknowledges that he/she has been informed of the dangers relating to participation in a talent show and activities which could result in bodily injury, partial and/or total disability, paralysis and death. Client is further aware of the potential social and economic losses which may arise from these injuries. Client explicitly accepts such risks and responsibility for the losses and damages arising from such injuries, including but not limited to, damage to property, bodily injury, disability, paralysis or death. 3. Voluntary Nature of the Relationship. Client has been informed that there are other martial arts instructors and facilities available and Client hereby acknowledges that he/she enters into this Agreement voluntarily and without coercion, inducement, assurance or any additional guarantees provided by Dyslexia Center or Scottish Rite after being fully informed of the Parties credentials and after Client has performed a detailed inspection of the Premises. 4. Waiver of Liability/Covenant Not to Sue. Client hereby waives, releases and discharges any and all liability, and covenants not to sue Dyslexia Center or Scottish Rite, including their owners, managers, promoters, lessees of premises used to conduct the Talent Show event or program, premises and event inspectors, underwriters, consultants and other who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding the Premises or events held at such facility and each of them, their directors, officers, agent, employees for any and all liability to the Client or their respective personal representatives, assigns, executors, heirs and next of kin arising from any and all injuries, including but not limited to, damage to property, bodily injury, disability, paralysis or death arising from such events caused in whole or in part by the negligence or tortuous activity of Dyslexia Center or Scottish Rite. Client intends that this waiver of liability and covenant not to sue be interpreted by any court of competent jurisdiction to be as broad as legally possible. 5. General Provisions. (a) Pennsylvania Law. This Agreement shall be construed in accordance with and pursuant to the laws of the Commonwealth of Pennsylvania;

5 only; (b) Descriptive Headings. Titles to paragraphs hereof are for information purposes (c) Binding Effect. This Agreement in binding upon and inures to the benefit of the Parties and their respective heirs, personal representatives, successors and assigns. (d) Pronouns. Whenever a masculine pronoun in used in this Agreement, it shall be taken to include the feminine, and vice-versa, unless otherwise indicated by context; (e) Invalid Provisions. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respect as if such invalid or unenforceable provisions were omitted. (f) Background. The Background section shall be read and interpreted as being an integral and binding part of this Agreement. (g) Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. This Agreement supersedes any and all other agreement either oral or written, between the Parties hereto with respect to the subject matter hereof. No change, waiver or modification of this Agreement, or any provision thereof, shall be valid unless the same be in writing and signed by the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first hereinabove set forth. CHILDREN S DYSLEXIA CENTER OF READING By: SCOTTISH RITE CATHEDRAL By: ( Client ) ( Client as Parent or Natural Guardian of the Child )

6 CHILDREN S DYSLEXIA CENTER OF READING RELEASE, AUHTORIZATION AND WAIVER I, the undersigned, acknowledge that I am providing my likeness and image to be photographed, filed and imaged for this event. I also acknowledge that for Consideration herein acknowledged as received, and by signing this release I hereby irrevocably and irredeemably grant Children s Dyslexia Center of Reading ( Photographer ) and its Assigns, my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity (ies), but understand that other ethnicities may be associated with me by the Photographer and / or Assigns for descriptive purposes. I hereby forever release and discharge Photographer and his Assigns from any and all claims, actions, and demands arising out of or in connection with the use of said Content. I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer and Assigns. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer and / or Assigns. I acknowledge and agree that this release is binding upon my heirs, designees, successors, assigns and any other of my representatives or appointees. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the Commonwealth of Pennsylvania. It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release, or that my Parent has the right to execute this Agreement. Definitions: ASSIGNS means a person or any company to whom Photographer has assigned or licensed rights under this release as well as the licensees of any such person or company. CONSIDERATION means money or something else of value I have received in exchange for the rights granted by me in this release. CONTENT means all photographs, film, audio, or other recording, still or moving, taken of me as part of the Shoot. MEDIA means all media including digital, electronic, print, television, film, radio and other media now known or to be invented. CLIENT means me and includes my appearance, likeness and voice. PARENT means the parent and/or legal guardian of the Client. Parent and Client are referred to as I and me in this Agreement.

7 PHOTOGRAPHER means Children s Dyslexia Center of Reading or any other photographer, illustrator, filmmaker or any other person or entity photographing or recording me at or around the time of the Shoot who is there at the direction of the Photographer, or any employee, subcontractor or designee of the Photographer there with Photographer s permission. SHOOT means the photographic, film or recording session described in this form. Photographer Information Name (print) Signature Date signed (DD/MM/YEAR) Shoot Date Shoot Country & Region/State Shoot Description/Ref. Client Information Name (print) Date of Birth (DD/MM/YEAR) Gender: male female Ethnicity: Residence Address City State/Province Country Zip/Postal Code Phone Signature Date signed (DD/MM/YEAR) *If Client is a minor or lacks capacity in the jurisdiction of residence, Parent warrants and represents that Parent is the legal guardian of Client, and has the full legal capacity to consent to the Shoot and to execute this release OF ALL RIGHTS IN CLIENT S CONTENT. If you are signing in this capacity, please enter your details above and your name below. Parent Name: (Sign)