PARTICIPANT CODE OF CONDUCT, TERMS, WAIVER AND RELEASE OF LIABILITY AGREEMENT
As a Participant in the Unity College Hackathon (“Activity”), you are subject to the terms, guidelines, and code of conduct set forth in this document in addition to all other applicable documents. By participating in the Activity, you fully agree to comply with all rules, instructions, and procedures set forth by the event organizers. Further, you hereby agree and understand that any violation of set guidelines may be subject to consequences at the sole discretion of Unity College, including but not limited to revocation of prizes and/or ejection from the Activity. You assume full responsibility for any damage or injury caused by you in your participation in the Activity (whether to persons or property, and whether to yourself or others) and release Unity College, all Activity volunteers, mentors, judges, guests, and other participants (collectively, the “Releasees”) from any liability therefore.
BY PARTICIPATING IN THE UNITY COLLEGE HACKATHON, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER APPLICABLE DOCUMENTS.
Code of Conduct
I understand that the Activity is an innovative hackathon intended for collaboration and learning. I agree to the following:
• I am at least 18 years old and have represented myself accurately and honestly on all event registration forms.
• I am permitted to develop the concept for my team’s hack prior to the Activity, but any tangible programming and development of the project must take place during the designated Activity time.
• I verify that the project I work on is original to my team and was produced during the Activity. It is understood that I may use outside resources that are appropriate licensed and equally and fairly available to all participants throughout the Activity. In incorporating outside resources, I agree to follow all applicable licensing and copyright laws.
• I verify that the intent of the product(s) that my team develops will not be to cause malicious harm, violate any applicable laws and treaties, and/or create mass destruction to any individual, organization, or nation. Product(s) may not be obscene, distasteful, alienate any person or group, or encourage invasion of privacy.
• I understand that I have no claim to any prize money or merchandise, promised or otherwise.
• Distribution of all prizes will be at the discretion of Unity College, with recommendation from the judges. All decisions will be final and may not be contested.
• I understand that any prize or incentive awarded during the Activity are non-transferable by the winner. If I accept a prize, I will be solely responsible for all applicable taxes related to accepting such prize.
• I agree to allow Unity College and judges to view code from my team’s product(s) for the purpose of judging. During all presentation and judging rounds, teams will be required to present their product(s), which may require an explanation of the development process, technologies, and other "trade secrets."
• I understand that all volunteers, mentors, guests, faculty or staff involved in the Activity will be acting in an advisory capacity only.
• I am responsible for respecting other participants, volunteers, mentors, judges, sponsors, members of the community at large, and members of the hacking community at large by conducting myself in a manner that is courteous and non-abusive to other individuals. I agree to comply with Unity College, judges, and any staff members acting at an official capacity if asked to change my behavior, or face consequences including ejection.
• I agree that Unity College and event staff reserve the full right to disqualify from participation and prizes any participant and/or team who does not comply with these terms or code of conduct, and eject and banish any person from the Activity, an all future events, whose behavior creates and unwelcome or unsafe environment.
• I understand that these policies, procedures, and rules may be changed at any time without prior notice or warning.
Terms and Conditions
• The Releasees will make no claim of ownership or royalties of any product(s) or hack created during the Activity. Any original work created will remain solely under of the ownership of the Participants. Releasees will hold no liability for any legal or contractual issues that may arise from the Activity. Given this, I agree to indemnify, hold harmless, and defend Releasees against any liability related to the product(s).
• The foregoing is not intended to prevent participants from entering business agreements and/or seeking to commercialize or further develop their work after the conclusion of the Activity, provided that Unity College is given first right of refusal to such business agreements and/or rights to products that come from any commercialization or further development efforts, and that any such agreements with parties other than Unity College do not commence prior to 30 days following the conclusion of the Activity. In the event I pursue business agreements and/or commercialization or further development efforts I agree to engage in exclusive good faith negotiations with Unity College in for a period of 30 days for the right to partner in a business agreement and/or obtain rights in any products that result from any commercialization or further development efforts. If negotiations fail to result in an agreement and I subsequently receive a bona fide offer for a third-party transaction that I wish to accept I shall within 7 days of receiving such offer notify Unity College of the offer and the material terms of said offer after which Unity College shall have 7 days to agree to enter into an agreement with me on the same material terms as the bona fide offer after which I shall not enter into an agreement with the third party.
• I acknowledge that during the course of the Activity, I may obtain access to products, developments, information and other materials belonging to other Participants of the Activity, sponsors and/or other third parties (“Third Party Materials”), and that nothing in this Agreement is deemed to transfer any ownership, right, title or interest in such Third Party Materials to me.
• I understand that all services for the participants related to the Activity, including but not limited to transportation if applicable, facility use (property, furniture, electricity, networking) if applicable, food and beverage if applicable, and activities ARE PROVIDED AS-IS AND AS-AVAILABLE BASIS ONLY, WITH NO WARRANTIES THAT THE SERVICES WILL MEET MY REQUIREMENTS, NOR REMAIN UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS. UNITY COLLEGE IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER UNITY COLLEGE APPEARS TO PROVIDE THESE THIRD PARTY SERVICES.
• Permission for Use of Name, Image and Statements: I hereby grant to Unity College, officers, agents and employees, as well as Activity sponsors, and judges of the Activity (collectively the “Organizers”) unrestricted right to use my likeness, image, voice, opinions, and appearance, and also any images of my projects, developments, materials and belongings made at or brought to the Activity (the “Images”), for the express purpose of research, educational, promotional, fund-raising or other related use, including but not limited to, film broadcast, printed publications, webpages and web-based publications (the “Materials”). The foregoing right includes permission to copyright, use, re-use, publish, and republish Images in which I may be included, intact or in part, composite or distorted in character or form, without restriction as to changes or transformations, in conjunction with my own or a fictitious name, reproduction in color or otherwise, made through any and all media now or hereafter known. I waive and release the Organizers, from any claim or liability relating to the Images, relinquish the right to examine the Materials in which my Images may appear, and acknowledge and agree that I will receive no money or remuneration of any kind from the Organizers related to this permission and release or the Materials covered by this permission and release.
• Unity College reserves the full right to modify, postpone, or cancel any part of the Activity or the Activity in full, with no advance notice. If the Activity is modified, cancelled, or postponed directly or indirectly from events outside the defaulting party's reasonable control, including without limitations acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, labor strikes, fire, explosion, earthquake, flood, then Unity College will take no responsibility in providing any reimbursements or compensation for costs or damages associated with cancellation of the Activity.
Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement
• Waiver: In accepting the known and unknown risk of injury while participating in the Unity College Hackathon event (the “Activity), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, and personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Unity College, its affiliates, managers, members, agents, attorneys, staff, volunteers, representatives, predecessors, successors, and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity
• Assumption of Risks: I understand that a 24-hour hackathon is physically grueling, including the possibility for fatigue and sleep deprivation. Participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, psychological suffering, emotional loss, and concussions to 3) catastrophic injuries including paralysis and death. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity or event. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the Activity. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
• Indemnification and Hold Harmless: I agree to indemnify and hold harmless Unity College against all and any claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Unity College incurs any of these types of expenses, I agree to reimburse Unity College. I further agree to defend and indemnify Unity College from and against any claims by any third party for loss, injury or damage arising in any way from my participation in the Activity, including any claims arising from the joint negligent or reckless behavior of me as participant and Unity College as host or sponsor of the event. Only if it is determined that Unity College was the sole responsible party for the loss, injury or damage to the third-party, or to the extent it is determined that Unity College intentionally caused the loss, injury or damage, will I be relieved of this indemnification obligation to Unity College.
• In the event that I should require medical care or treatment, I agree to be made financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
• In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with my own actions.
• The foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Maine and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
In the event that any provision contained within this Code of Conduct, Terms, and Release of Liability Agreement shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this Agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this Agreement; I certify that I have read this Agreement, that I fully understand its content and that this release cannot be modified orally; I am aware that this is a release of liability and a contract and that I am signing it of my own free will.