</p> <div class="scroll-box"> <ul> <p><span style="font-size: 100%;">The Participant identified below (“Participant”) desires to participate as a member in FIRST® LEGO® League (“Program”) at the Academia San Ignacio.<br /> In consideration of and as a condition of allowing Participant to participate in the Program, Eureka Enrichment Services, Inc. (“Eureka”) requires that the Participant’s parent or legal guardian agree to the terms of this Consent to Participate and Release Agreement (the “Agreement”). The Participant’s parent/legal guardian understands that participation in the Programs is voluntary. Intending to be legally bound, Participant’s parent or legal guardian knowingly and voluntarily execute this Agreement on behalf of the Participant. References to “Participant” in this Agreement include the Participant’s parents or legal guardians unless otherwise noted. </ul> <ul> <p><strong>1. Assumption of Risk: </strong></p> <p>(a) Participant understands that participation in the Program may expose Participant to risks of injury and illness including, without limitation, injury and illness resulting from COVID-19 (see below) and other infectious diseases and other activities associated with participation in the Program. </p> <p>(b) COVID-19. Participant understands and agrees that participation in the Program presents 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 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 understands that, while participating in the Program, Participant will be in close proximity to other persons, some of whom may be infected by, and able to spread, COVID-19.</p> <p>Participant understands and acknowledges that, given the unknown nature of COVID-19, it is not possible to fully list each and every risk of contracting COVID-19. Nevertheless, some of the generally understood risks include health consequences, personal injury, illness, permanent disability and even death, and 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”).</p> <p>Participant understands and appreciates that COVID-19 risks are inherent in participating in the Program and that Participant may contract COVID-19 as a result of participating in the Program. Participant agrees that Participant knowingly assumes the risk of any and all COVID-19 Exposure. Participant understands and agrees that this Agreement 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.</p> </ul> <ul> <p><strong>2. COVID-19 Symptom-Free Participation: </strong></p> <p>Participant agrees that Participant will not participate in person in the Program if the Participant or any individual residing in the same home as the Participant has had any symptoms of COVID-19 during the 14 days preceding the date of participation or has tested positive for COVID-19. This requirement applies regardless of the vaccine status of Participant unless and until guidance is updated by public health authorities regarding the transmissibility of COVID-19 by individuals who have been fully vaccinated. Participant will comply with any COVID-19 screening or exposure control practices which may be adopted by FIRST when participating in a Program and will also comply with any COVID-19 requirements of the state or local jurisdiction in which the Program is located.</p> </ul> <ul> <p><strong>3. Release of All Claims:</strong></p> <p>In consideration for Participant’s voluntary participation in the Program, Participant’s Parent/Guardian assumes all risk of such participation and hereby releases FIRST, Eureka and its directors, officers, employees, other participants, and agents (“Releasees”) from any and all claims, suits, liabilities, actions, and causes of action, including but not limited to claims of negligence on the part of the Releasees, which Participant, or his/her legal heirs, representatives, successors, conservators and assigns may have, now or in the future, which arise directly or indirectly from the Participant’s participation in the Program. This release covers any property or personal loss or damage or other loss caused or alleged to be caused, in whole or in part, by the ordinary negligence (but not gross negligence or intentional wrongdoing) of the Releasees.</p> </ul> <ul> <p><strong>4. Indemnification: </strong></p> <p>Participant and the Parent/Guardian agree to indemnify Releasees from and against any and all claims, suits, actions, causes of action including, but not limited to, claims of negligence, and any other liabilities, including attorneys’ fees by any person arising out of, or resulting directly or indirectly from the Participant’s participation in the Program, including, but not limited to, damage to personal property caused by the Participant or injury of any person caused by the Participant.</p> </ul> <ul> <p><strong>5. Covenant Not to Sue: </strong></p> <p>Participant and the Parent/Guardian agree that he/she shall never institute or cause to be instituted, any suit, charge, demand, claim, complaint, or cause of action, in law, in equity, or otherwise, in any court, or in any arbitration system or procedure, against the Releasees arising out of the Participant’s participation in any Programs.</p> </ul> <ul> <p><strong>6. Consent to Record and Collect Personally Identifiable Information, and Ownership of Recordings: </strong></p> <p>(a) Participant understands that live broadcasts, photographs, videotapes, and other recordings (collectively the “Recordings”) may be made of participants in the Program, including the Participant. Participant consents to those broadcasts, photographs, videotapes, and other recordings and the use thereof (i) as part of a record of the Program and (ii) to publicly promote Eureka, FIRST and the Program.</p> <p>(b) Participant understands that Eureka is the sole and exclusive owner of all right, title and interest in the Recordings including all copyrights and other intellectual property rights and that the Participant will not have any right to review and approve any such Recording before it is used or disclosed.</p> <p>(c) Participant and the Parent/Guardian consent to the collection and processing of personally identifiable data, of the types and for the purposes expressed in the FIRST Privacy Policy. 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 acknowledges they have read, understand, and affirmatively consent to the FIRST Privacy Policy.</p> </ul> <ul> <p><strong>7. Entire Agreement/No Waiver: </strong></p> <p>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 Eureka 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.</p> </ul> <ul> <p><strong>8. Severability and Counterparts: </strong></p> <p>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.</p> <ul> <p><strong>9. Jurisdiction: </strong></p> <p>Participant and Participant’s parents and guardians acknowledge and agree the validity, effect, and operation of this agreement shall be determined according to the laws of Puerto Rico (but not its conflict of laws rules), and Participant agrees to submit to the jurisdiction of the state and federal courts located in Puerto Rico. </p> </ul> <ul> <p><strong>***</strong></p> </ul> <ul> <p>Participant’s Parent/Guardian 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.</p> </ul> <ul> <p>By signing below, Participant’s Parent/Guardian acknowledges that they have read, understand, and agree to this Consent to Participate and Release Agreement.</p> </ul> <ul> <p><strong>Electronic Signature: </strong></p> <p>By signing this Agreement, Participant’s parent/legal guardian 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’s parent/legal guardian 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 Eureka. Participant may request a paper copy of the completed and binding Agreement.</p> </ul> <ul> <p>I agree that my electronic signature shall be as valid as an original “written” signature and is the same as a handwritten signature for the purposes of validity, enforceability, and admissibility. This electronic signature will constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. </p> <p>