PARTICIPATION AGREEMENT (Use for Minor – Parent Must Sign)
2024 GATHERING OF THE POTAWATOMI NATIONS
In consideration for the Pokagon Band of Potawatomi Indians (“Band”) permitting the below identified minor (“Minor”) to attend and participate in the 2024 Gathering of the Potawatomi Nations and all related activities (including, without limitation, transportation in connection with any event or activity) occurring from July 29, 2024 through August 3, 2024 (“Event”), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned parent, guardian or custodian (“Parent”), for himself or herself, and on behalf of the Minor, agrees as follows:
1. The Parent hereby expressly consents to the Minor: (a) attending and/or participating in the Event, including all related activities (which may include, without limitation, sporting events, such as basketball, lacrosse, and 5-k; and traditional activities, such as sweat lodge, canoeing, and kayaking, and the transportation of the Minor by or on behalf of the Band) and (b) in the event of any illness or injury suffered in connection with or during the Event, the Minor receiving medical care. The foregoing authorization for medical care is given in advance of any specific diagnosis, treatment or medical care being required and serves as specific consent to any and all such diagnosis, treatment or medical care which may be deemed advisable.
2. The Parent consents to the Band taking video recordings, audio recordings, and photographs (collectively, “Recordings”) of the Minor in connection with the Minor attending and/or participating in the Event, and hereby: (a) grants the Band the absolute right and permission, without compensation, to take, use, post, display, publish, distribute, transmit, and otherwise disseminate any and all of the Recordings, and the Minor’s name and likeness, in whole or in part, whether distorted in character or form, and without restriction as to change or alteration, for any and all purposes whatsoever, including but not limited to, for purposes of marketing, advertising, publicizing and promoting any Band program, event or initiative in any form of media (“Permitted Use”); (b) consents to the use of any text or other published matter or image in connection with any Permitted Use; (c) waives any right to inspect or approve the Recordings, any use of Minor’s name or likeness, and any text or other published matter in connection with any Permitted Use; (d) relinquishes and grants the Band all rights, title and interests in and to the Recordings, including any copyright therein; and (e) consents to the Band permitting news organizations, including but not limited to, newspapers, magazines, and radio and television broadcasters to take any Recordings of the Minor in connection with the Minor attending and/or participating in the Event for the purposes of a Permitted Use.
3. The Parent acknowledges that the Minor attending and/or participating in the Event may involve certain dangers, including but not limited to, sickness, disease, injury, bodily harm, disability, and death, and that there may be other risks that are not known or reasonably foreseeable at this time (collectively “Risks”). To the fullest extent permitted by law, the Parent, on behalf of the Parent, the Minor, and their respective personal representatives, executors, estates, successors, assigns, and heirs, accepts and solely assumes all Risks, and all responsibility for all damages, losses, liabilities, costs, expenses, and fees of any nature whatsoever, which are incurred, directly or indirectly, in connection with the Minor attending and/or participating in the Event, except to the extent any such liability is covered by (and falls within the policy limits of) any applicable insurance maintained by the Band.
4. To the fullest extent permitted by law, the Parent, on behalf of the Parent, the Minor, and their respective personal representatives, executors, estates, successors, assigns, and heirs, forever releases, waives, discharges and covenants not to sue the Band and its officials, employees, representatives, contractors, agents, and volunteers (“Released Parties”) from any and all claims, actions, suits, damages, losses, liabilities, costs, expenses, and fees of every nature whatsoever, which arise, directly or indirectly, in connection with: (a) the Minor attending and/or participating in the Event, except to the extent any such liability is covered by (and falls within the policy limits of) any applicable insurance maintained by the Band and/or (b) the Band exercising any right granted under Paragraph 2 above.
5. To the fullest extent permitted by law, the Parent shall indemnify and hold the Released Parties harmless from and against any and all damages, losses liabilities, costs, expenses, settlements, awards, and fees, including reasonable attorney fees, litigation costs, damage awards, and settlement amounts, which arise, directly or indirectly, from any and all claims, actions or suits brought in connection with: (a) the Minor attending and/or participating in the Event, including but not limited to, any such claims, actions or suits brought by or on behalf of the Minor, except to the extent any such liability is covered by (and falls within the policy limits of) any applicable insurance maintained by the Band; and/or (b) the Band exercising any right granted under Paragraph 2 above.
6. This Participation Agreement (“Agreement”) shall be construed pursuant to the laws of the Band and, to the extent not inconsistent with Band law, the laws of the State of Michigan, but excluding any Michigan law that would render any part of this Agreement invalid or unenforceable. The Band, including the Released Parties, has not waived sovereign immunity in connection with this Agreement and nothing contained in this Agreement shall be construed to waive such sovereign immunity. If a court of competent jurisdiction shall adjudge any part of this Agreement to be invalid or unenforceable, such judgment shall not affect or invalidate any other part of this Agreement.
7. The Parent may execute this Agreement by electronic signature, and this Agreement may be kept in electronic form, which shall have the same legal effect, validity, and enforceability as a manually executed signature or the use of a paper-based recordkeeping system.
8. The Parent acknowledges and agrees that: (a) that he or she is the parent, guardian, or custodian of the Minor and is authorized to sign this Agreement in the capacity of the Parent; (b) this Agreement is legally binding and enforceable; (b) the Parent has read this entire Agreement before signing; (c) the Parent had the opportunity to consult with an attorney regarding this Agreement; (d) this Agreement contains the entire understanding between and among the Parent and the Band concerning these matters; (e) the Parent is at least eighteen (18) years of age; (f) the Parent is legally competent to execute this Agreement; and (g) the Parent entered into this Agreement willingly, without duress, and with full knowledge of the consequences.
9. This Agreement is effective on the date of Parent’s signature.
THIS AGREEMENT IMPACTS YOUR LEGAL RIGHTS. READ THIS ENTIRE AGREEMENT BEFORE SIGNING.
