Copyright © 2024 Brave Voices
ALL PARTICIPANTS UNDER AGE 18 MUST HAVE A PARENT OR GUARDIAN SIGN THIS FORM.
BRAVE VOICES is a California non-profit public benefit corporation (“Brave Voices”) that works to empower and enable adults who were sexually abused as children to speak up and to break the cycle of silence and abuse by sharing and preserving their experiences on the Brave Voices Community page on Archive StoryCorps, the Brave Voices website, and in perpetuity at the Library of Congress, all in an effort to prevent future abuse and keep children safe. For purposes of this Disclaimer, Consent, and Release (this “Release”), the term “Non-Profit” shall include Brave Voices, as well as its board of directors, managers, successors, affiliates, representatives, employees, volunteers, agents, and assigns.
PLEASE READ THIS RELEASE CAREFULLY BEFORE YOU SIGN IT. BY SIGNING THIS DOCUMENT, YOU WILL BE WAIVING LEGAL RIGHTS.
Voluntary Participation
I acknowledge that I have voluntarily and knowingly requested to participate in certain activities of Non-Profit, including, without limitation, sharing my story or experience regarding child sexual abuse, as well as my name and any other personal identifying information, through any audio or visual means (the “Activities”). I understand that my participation in the Activities may have unintended consequences, and I take full responsibility for the ramifications of sharing the experience of being harmed sexually as a child, witnessing such abuse, and/or advocating on behalf of someone who experienced such abuse, including, but not limited to, potential (i) interference with any ongoing or potential criminal, civil, grievance, or other formal proceeding, (ii) legal liability (including potential criminal liability) to me or to someone involved in my experience, (iii) emotional trauma, and (iv) infringement on my privacy or the privacy of someone involved in my experience. Because of the foregoing, I agree not to share the names of any person involved in my story other than my own.
Warranties
I warrant that by participating in the Activities, I will not be in violation of state or federal law or in breach of any applicable agreement. I represent and warrant that (i) I exclusively own or have the necessary licenses, rights, consents and permissions to publish any User Content (as defined below) I submit and (ii) my User Content does not and will not infringe any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates any law or contractual duty.
Release
As consideration for being permitted by the Non-Profit to participate in the Activities, I hereby agree that I and each of my heirs, executors, administrators, representatives, agents, partners, successors, attorneys, and assigns freely and voluntarily release, waive, relinquish and forever discharge the Non-Profit and its present and former predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, related entities, and any and all of their past and present officers, directors, employees, stockholders, parents, servants, agents, successors, attorneys, advisors, consultants, representatives, insurers, reinsurers, subrogees and the predecessors, successors, and assigns from any and all claims, liabilities, obligations, demands and causes of action whatsoever, whether known or unknown, whether arising in contract, tort (whether or not arising from the negligence of the Non-Profit), by operation of law, or otherwise, including, without limitation, claims for personal injury, wrongful death, property loss or damage, costs, charges, attorneys’ fees, court costs and other expenses of any kind, howsoever caused, arising from or relating in any way (whether directly or indirectly) to the Activities.
I further acknowledge that I am familiar with the provisions of California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
I, being aware of said code section, agree to expressly waive any provisions, rights, and benefits I may have thereunder, as well as any provisions, rights, and benefits I may have under any other law, statute, or common law principle that is similar, comparable or equivalent to Section 1542 of the California Civil Code.
Intellectual Property and Publicity Consent
I understand that any and all content, including any communications, images, written word, photographs, video, sounds, and all materials, data or information, that I submit (e.g., by uploading or transmitting) to the Non-Profit (collectively, “User Content”) is and will remain my property from the moment of creation. I am solely responsible for my own User Content and the consequences of uploading, submitting, distributing and publishing my User Content to the Non-Profit.
I will remain the owner of all User Content submitted or uploaded by me to the Non-Profit, but by submitting and uploading User Content to the Non-Profit, I grant the Non-Profit a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up, transferable license (with the right to sublicense) to host, store, use, display, reproduce, create derivative works of, modify, alter, censor, adapt, edit, publish, and distribute my User Content in connection with the Activities and the Non-Profit’s business, including for promoting, marketing and redistributing part or all of the User Content in any media now known or hereafter invented for all purposes permitted by law. To the extent permitted by applicable laws, I waive any moral rights or similar rights I may have in any User Content.
I understand that the Non-Profit cannot and does not monitor or pre-screen the User Content created or uploaded and the Non-Profit does not have any obligation, and does not undertake or assume any duty to review, any User Content. Though the Non-Profit has no legal obligation to monitor the User Content, the Non-Profit may access, review and screen User Content if it chooses and the Non-Profit reserves the right to block, remove or delete any User Content at any time, with or without notice, and to limit or restrict access to any User Content, for any reason, without liability and limitation. I further understand that, in order to protect third-parties, myself, and Non-Profit, Non-Profit may choose to edit or redact User Content. Non-Profit may request that, in the User Content, I make certain names and references anonymous or pseudo-anonymous. I will comply with such requests.
I acknowledge that while participating in the Activities, I may be photographed and/or recorded on video. I grant permission to the Non-Profit to use my name, likeness and biographical data and any statements I provide to the Non-Profit, without limitation, for promotional, educational, or other purposes without further permission or compensation.
Miscellaneous
This Release shall constitute the entire agreement between Non-Profit and me with regard to the subject matter hereof and shall supersede any previous agreements, representations, communications and understandings between Non-Profit and me. No other documents, oral promises or other information can be used to modify or alter the terms of this Release. If any provision of this Release is declared invalid, the remaining provisions remain enforceable and the invalid provision shall be enforced to the maximum extent permitted by law. This Release shall be governed by the laws of the State of California without regard to its choice-of-law provisions.
BY SIGNING BELOW, I ACKNOWLEDGE I HAVE READ THIS RELEASE CAREFULLY, AND I VOLUNTARILY RELEASE, DISCHARGE, AND AGREE TO HOLD HARMLESS, INDEMNIFY, AND DEFEND THE NON-PROFIT FROM ANY LIABILITY, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTIONS, WHICH ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH MY PARTICIPATION IN THE ACTIVITIES, WHICH I NOW HAVE OR MAY HAVE IN THE FUTURE.