This is an agreement between Participant (“Participant”),and, if Participant is under eighteen years of age,Participant’s Parent/Guardian, and Young Heroes, LLC (“Young Heroes”) which is a wholly owned subsidiary of Captain Planet Foundation (“Captain Planet”), a registered non-profit 501(c)3 organization based at 133 Luckie Street, 2nd Floor, Atlanta, GA, 30303, USA.
- Young Heroes, LLC is the legal entity that hosts and manages the Planeteer Alliance and accompanying training activities;
- The permission(s) granted herein are made to both Planeteer Alliance and Captain Planet Foundation
- Unless otherwise noted, there is no cost to participate in the Planeteer Alliance activities. However, access to internet and internet enabled device (s) [for virtual events], and travel & accommodations [for in-person events] may be required and those costs would be the responsibility of participant(s);
- To participate in Planeteer Alliance activities, this Agreement & Release must be completed and returned to Young Heroes, LLC prior to joining the Planeteer Alliance online community platform or participating in a Planeteer Alliance organized or aligned event. This Agreement & Release will remain in effect for the duration of participant’s active engagement with the Planeteer Alliance. A participant will be considered inactive when they have had no engagement for 1.5 years (18 months);
- To complete this Agreement & Release, Participant – and, if Participant is under eighteen years of age, Participant’s Parent/Guardian – MUST INDICATE THAT THEY HAVE CAREFULLY READ AND AGREE TO THE TERMS OF THIS DOCUMENT BY (A) INITIALING EVERY PAGE AND (B) SIGNING AND DATING THE LAST PAGE;
- To return the completed Agreement and Release to Young Heroes, LLC, complete the DocuSign or email a signed copy of it to Young Heroes, LLC, at team@planeteeralliance.com.
1. CODE OF CONDUCT
The Planeteer Alliance connects young people from around the world who are passionate about the environment, and provides them with the training, tools, network, and community to become effective and healthy advocates for our climate and planet.
With those important goals in mind, each participant is expected to treat others respectfully, act with integrity, and refrain from all forms of misconduct. Participant agrees that they may be dismissed from the Planeteer Alliance activities if they engage in any misconduct, with Young Heroes, LLC staff members deciding, in its sole discretion, whether Participant’s conduct warrants dismissal. Participant agrees that they will not:
- Engage in any form of harassment or bullying;
- Use words, phrases, symbols, images, or gestures that are offensive, hateful, threatening, violent, libelous, or pornographic;
- Discriminate against any other person based on that person’s race, color, religion (creed), gender, gender identity, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status;
- Violate any other person’s privacy, including by the release of any other person’s private personal information or personally identifiable information (e.g., name, image, age, address, phone number, etc.) without their express, written permission;
- Use any materials obtained from Young Heroes, or obtained as a result of Participant’s participation in Planeteer Alliance activities, for commercial or other personal financial gain;
- Engage in any activity that is illegal or fraudulent under the laws of any state or of the United States.
Participant must report any conduct that violates this Code of Conduct to Young Heroes staff and may do so by sending an email to team@planeteeralliance.com
2. ENROLLMENT & CANCELLATION
Young Heroes, LLC does not discriminate against participants or allies based on race, color, religion (creed), gender, gender identity, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status. However, Planeteer Alliance does have a defined age range for participation which is 10-23 years of age;
Young Heroes may, at any time and for any reason, deny Participant’s application to participate in Planeteer Alliance activities, and/or cancel Participant’s participation in these activities.
If Participant enrolls in a Planeteer Alliance activity that is scheduled in-person, but then needs to cancel their participation, Participant must – no later than two weeks before the program start date – send an email stating their intent to withdraw to team@planeteeralliance.com
Young Heroes is not responsible for any costs, and will not reimburse Participate for any costs associated with any cancellation or withdrawal of Participant’s participation in Planeteer Alliance activities.
3. INTERNET ACCESS
To participate in virtual Planeteer Alliance activities including engaging on the community platform and participating in virtual events, Participant(s) must have access to the Internet and to a device that will enable the use of the various tools and applications that are used to facilitate these virtual trainings and activities.
Young Heroes is not responsible for any costs, and will not reimburse Participant for any costs associated with accessing the Internet or obtaining a device that will enable the use of the various tools and applications that are used to facilitate the Planeteer Alliance activities.
4. PRIVACY & INTERNET SAFETY
The Planeteer Alliance online activities are hosted on a secure platform with minimal personal information sharing or user-to-user communication capability. Participant agrees that they will not share their login credentials (i.e., username and password) with anyone but their parents or guardians.
During the registration process for the Planeteer Alliance, Young Heroes, LLC will collect personal information from Participant, including Participant’s name, date of birth, age, gender identity, pronouns, physical address, email address, phone number, WhatsApp number, Instagram handle, school name, t-shirt size, image or likeness, and the name and email address of Participant’s Parent/Guardian (collectively, “Participant’s Personal Information”).
Participant and/or Participant’s Parent/Guardian agrees that Young Heroes may collect Participant’s personal information, as described above, and retain for as long as is necessary for the purposes set forth in the Young Heroes, LLC Privacy Policy and to support Participant’s engagement with the Planeteer Alliance. After five (5) years without contact between Participant and Young Heroes, Participant’s information will be deleted from the Young Heroes database.
Participant’s Personal Information will be used to facilitate Participant’s participation in Planeteer Alliance activities and to provide Participant with information related to future Young Heroes’ events. And, except if it is required to facilitate Participant’s participation in the Planeteer Alliance, to provide Participant with information related to future Young Heroes’ events, and/or to comply with a legal obligation, Participant’s Personal Information will not be shared with any third parties. Participant’s Personal information will not, at any time, be sold to any third parties.
To participate fully in the Planeteer Alliance, Participant must have access to, and will be required to use, several third-party software tools or applications, including HiveBrite, Vimeo, Zoom, Google Drive, and potentially other online tools. Young Heroes is not responsible for, and does not control, these third-party tools or their collection and use of Participant’s Personal Information. Young Heroes is not responsible for, and will not be monitoring, Participant’s use of these or any other third-party tools for purposes other than those associated with the Planeteer Alliance activities. PARTICIPANT OR, IF PARTICIPANT IS UNDER EIGHTEEN YEARS OF AGE, PARTICIPANT’S PARENT/GUARDIAN MUST SEPARATELY AGREE TO ANY TERMS AND CONDITIONS, AND ANY PRIVACY POLICY, GOVERNING PARTICIPANT’S USE OF THESE THIRD-PARTY TOOLS. IF PARTICIPANT IS UNDER EIGHTEEN YEARS OF AGE, PARTICIPANT’S PARENT/GUARDIAN AGREES TO,AND IS SOLELY RESPONSIBLE FOR, MONITORING PARTICIPANT’S USE OF THESE THIRD-PARTY TOOLS.
5. APPEARANCE RELEASE & PROMOTIONAL MATERIAL
Participant and/or Participant’s Parent/Guardian grants Young Heroes, LLC, Captain Planet Foundation, and its affiliates and partners the irrevocable and perpetual right to record and use all recordings and reproductions or depictions of Participant’s name, likeness, voice, persona, words, actions, and/or biography which is provided to Young Heroes, LLC, or which is captured during Planeteer Alliance activities. This includes the right to use such recordings, reproductions, or depictions in or in connection with the production, exhibition, and distribution of a commercial(s), training video(s), or still photography for any legitimate purposes, including for advertising, publicity, trade, and editorial purposes, at any time in the future in all media now known or hereafter developed, throughout the world.
The Participant(s) also release, indemnify, and hold harmless Young Heroes, LLC, Captain Planet Foundation, and its respective officers, directors, agents and employees from any and all claims that Participant(s) may now or hereafter have against any of the aforementioned parties arising out of or in connection with such uses, including without limitation, any and all claims for invasion of privacy, infringement of my right of publicity, defamation, and any other personal and/or property rights or any other rights of any kind. Participant agrees that they shall have no right of approval, no claim to any further compensation, and no claim arising out of the use, alteration, or illusionary effect or use in any recording or broadcast of my name, likeness, voice, persona, words, actions, and/or biography. Participant acknowledges that Young Heroes, LLC can proceed with the production, distribution, and use of the materials in reliance upon and induced by this release.
6. LIMITATION OF LIABILITY
IN EXCHANGE FOR ALLOWING PARTICIPANT TO PARTICIPATE IN PLANETEER ALLIANCE ACTIVITIES, PARTICIPANT AND/OR PARENT/ GUARDIAN HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE, AND FOREVER DISCHARGE YOUNG HEROES AND ALL OTHER PERSONS ASSOCIATED WITH THE PLANETEER ALLIANCE ACTIVITIES, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT PARTICIPANT AND/ OR PARENT/ GUARDIAN MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPANT’S REGISTRATION AND/ OR PARTICIPATION IN PLANETEER ALLIANCE ACTIVITIES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE. PARTICIPANT/PARENT FURTHER RELEASES YOUNG HEROES FROM ANY CLAIMS AND LIABILITIES THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF TECHNOLOGY AND/ OR SOFTWARE AS DESCRIBED ABOVE.
YOUNG HEROES SHALL NOT BE LIABLE TO PARTICIPANT AND/ OR PARENT/ GUARDIAN FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOUNG HEROES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Any person attending an in-person event hosted by or in collaboration with Young Heroes LLC does so with full knowledge of the inherent risk associated with contracting COVID-19, and waives all civil liability against Young Heroes LLC., the event host(s), the premises owner and operator, for any injuries caused by inherent risk associated with contracting COVID-19 at public gatherings.
Participant hereby releases and discharges Young Heroes LLC., the Host(s), the promoter, operator, venue and their employees, partners, officers, directors, agents, attorneys, insurers, affiliated entities, subcontractors and vendors, and their successors and assigns, of and from any and all claims, demands, liabilities, causes of action, damages, attorneys’ fees, or expenses of any nature whatsoever, whether known or unknown, foreseen or unforeseen, accrued or unaccrued arising out of, or related to exposure to COVID-19 in connection with the opportunity to participate with Young Heroes, LLC.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING YOUNG HEROES’ LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. PARTICIPANT’S AND/ OR PARENT/GUARDIAN’S STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT.
7. GOVERNING LAW & JURISDICTION
This Agreement and Release shall be governed by and construed in accordance with the laws of the State of Georgia, USA, applicable to agreements made and to be performed wholly therein, without regard to its provisions or rules concerning choice of laws or conflicts of laws.
ANY CONTROVERSY OR CLAIM BETWEEN THE PARTIES TO THIS AGREEMENT AND RELEASE SHALL BE RESOLVED IN ARBITRATION IN ACCORDANCE WITH THE ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND THE PLACE OF ARBITRATION SHALL BE IN FULTON COUNTY, GEORGIA (OR AT ANY OTHER PLACE OR UNDER ANY OTHER FORM OF ARBITRATION MUTUALLY ACCEPTABLE TO THE PARTIES SO INVOLVED).
The arbitrator (or arbitrators) shall apply the substantive laws of the State of Georgia, USA, as set forth above, and any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in any court, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel fees, except that in the discretion of the arbitrator (or arbitrators), any award may include the cost of the other party’s counsel if the arbitrator (or arbitrators) expressly determines that the party against whom such award is entered has caused the dispute, controversy or claim to be submitted to arbitration.
