11Scouting Consent
and Release Agreement for Minors
(the “Agreement”)
I, the undersigned, am a parent
or legal guardian of the child whose name is printed at the bottom of this
Agreement (the child whose name is printed at the bottom of this Agreement may
hereinafter be referred to as the “Minor”).
This Agreement is between me (on
behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and
any other persons and entities claiming through or under the Minor or myself)
and His Highness Prince Aga Khan Shia Ismaili Council for the USA (the
“Council”).
In consideration of the Minor
being allowed to participate as a scout in, or serve as a volunteer or a staff
member of, one or more troops, packs, and/or other scouting programs or
activities affiliated with any of the institutions or organizations of the
Ismaili community in, or for, the Central USA region (the “Programs”) and other
good and valuable consideration, I agree on behalf of the Minor, myself, the
Minor’s heirs, successors, assigns, and any other persons and entities claiming
through or under the Minor or myself, as follows:
1. Following
Rules. The Minor will observe, follow, and comply with all of the policies,
procedures, expectations, rules, regulations, requirements, restrictions, and
guidelines of each of the Programs in which the Minor participates as a scout
or serves as a volunteer or a staff member, including but not limited to all
applicable rules, regulations, bylaws, training, and other requirements of the
Scouting America or the Girl Scouts of the United States of America.
2. Failure to
Follow Rules. A violation of a policy, procedure, expectation, rule,
regulation, requirement, restriction, and/or guideline of one or more of the
Programs in which the Minor participates as a scout or serves as a volunteer or
a staff member, may hereinafter be referred to as a “Violation”. The Minor and
I will observe, follow, and comply with all of the consequences that result
against the Minor, me, or anyone else (a) as a result of one or more
Violations, and/or (b) pursuant to any and all of the policies, procedures,
expectations, rules, regulations, requirements, restrictions, and/or guidelines
of each of the Programs in which the Minor participates as a scout or serves as
a volunteer or a staff member.
3. Institutions.
The institutions and organizations of the Ismaili community (including, but not
limited to, the Aga Khan Youth & Sports Board for the United States of
America, the Aga Khan Youth & Sports Boards for each of the regions within
the United States of America, the Aga Khan Social Welfare Board for the United
States of America, Social Safety Net, the Aga Khan Social Welfare Boards for
each of the regions within the United States of America, the Aga Khan Health
Board for the United States of America, the Aga Khan Health Boards for each of
the regions within the United States of America, His Highness Prince Aga Khan
Shia Imami Ismaili Council for the United States of
America, His Highness Prince Aga Khan Shia Imami
Ismaili Councils for each of the regions of the United States of America, and
other boards and portfolios), the Ismaili Imamat, and
the respective decision-makers, founders, principals, organizers, leaders,
members, officers, employees, staff, volunteers (including, but not limited to,
those volunteers associated with one or more of the Programs), representatives,
attorneys, and agents of one or more of the institutions or organizations of
the Ismaili community, may each be referred to hereinafter as an “Ismaili
Institution” and may be collectively referred to hereinafter as the “Ismaili
Institutions”. The Ismaili Institutions, the respective decision-makers,
founders, principals, organizers, leaders, directors, members, officers,
employees, staff, volunteers (including, but not limited to, those volunteers
associated with one or more of the Programs), all other individuals or entities
that support, guide and/or enable one or more of the Programs, and the
respective decision-makers, founders, principals, organizers, leaders,
directors, members, officers, employees, staff, volunteers (including, but not
limited to, those volunteers associated with one or more of the Programs),
representatives, attorneys, and agents of one or more individuals or entities
that support, guide and/or enable one or more of the Programs, may each be
referred to hereinafter as an “Institution” and may be collectively referred to
hereinafter as the “Institutions”.
4. Photos
& Recordings. I, on behalf of the Minor, myself, the Minor’s heirs,
successors, and assigns, and any other persons and entities claiming through or
under the Minor or myself, hereby irrevocably grant to each of the Institutions
and each of their legal representatives, licensees, assigns, and affiliates,
the absolute and irrevocable right, permission, consent, and license to take
photographs, videos, and sound recordings of the Minor and/or his/her
belongings or other property (a photograph, video, or sound recording of the
Minor and/or his/her belongings or other property, may hereinafter be referred
to as a “Media”), during, or otherwise in connection with, (a) any and all of
the Programs, and (b) any and all activities connected with any and all of the
Programs (including, but not limited to, training and travel associated with
one or more of the Programs). I, on behalf of the Minor, myself, the Minor’s
heirs, successors, and assigns, and any other persons and entities claiming
through or under the Minor or myself, also hereby irrevocably grant to each of
the Institutions, and each of their legal representatives, licensees, assigns,
and affiliates, the absolute and irrevocable right, permission, consent, and license
to use, reuse, publish, republish, distribute, and/or modify any and all Media,
in whole or in part, individually or in connection with other material, and in
any and all media now or hereafter known, and for any legally permissible
purpose whatsoever.
5. Participant
Conduct. None of the Institutions is responsible at any time whatsoever for
any actions, conduct, or behavior of any participant.
6. Participant
Protection Policy. The Minor and I understand the Institutions aim to
enable a safe scouting environment allowing all scouts, volunteers, and staff
members a supportive atmosphere free of intimidation, abuse, and harmful
influences.
a. Bullying.
Bullying is the use of a written, verbal, or electronic expression
(including through email, text message, social media, etc.), a physical act or
gesture, or any combination thereof, that: (i)
creates a hostile or uncomfortable environment for the victim; (ii) infringes
on the rights of the victim; or (iii) causes the victim to feel like they
cannot participate in a scouting activity. Bullying includes cyberbullying,
sexual harassment, and any other such behavior. No scout, volunteer, or staff
member may engage in the bullying of (a) another scout, volunteer, or staff
member (even if the other scout, volunteer, or staff member belongs to a troop,
pack, and/or other scouting program or activity that is not affiliated with any
of the institutions or organizations of the Ismaili community), nor (b) any
other individual whatsoever. In addition, no parent or legal guardian of a
scout, volunteer, or staff member may engage in the bullying of a scout,
volunteer, or staff member that is not a child, or under the legal
guardianship, of the parent or legal guardian.
b. Drugs,
Tobacco, Alcohol, and Weapons. Using, consuming, possessing, buying,
selling, and/or dispensing any drug, controlled substance, tobacco, alcohol, or
weapon while participating, volunteering, or otherwise serving in a Program is
prohibited. Being under the influence of alcohol or any drug while
participating, volunteering, or otherwise serving in one or more of the
Programs is prohibited. A scout, volunteer, or staff member may not be allowed
to participate, volunteer, or otherwise serve in one or more of the Programs
while taking a prescribed drug that is adversely affecting his/her ability to
behave safely or participate effectively. A scout, volunteer, or staff member
taking a prescribed medication while participating,
volunteering, or otherwise serving in one or more Programs must carry it in a
container labeled by a licensed pharmacist or be prepared to produce the
container if asked.
I, on behalf of the Minor,
myself, the Minor’s heirs, successors, assigns, and any other persons and
entities claiming through or under the Minor or myself, acknowledge and agree
that there is zero tolerance for a violation of any of the restrictions and
requirements above in a. and b. of this section. Any complaint of a violation
of any of those restrictions or requirements may be promptly investigated, and
appropriate actions – up to and including removal (from one of more of the
Programs) of the scout, volunteer, or staff member complained of – may be taken
in the sole and absolute discretion of any of the Institutions.
7. Information
on Suspected Violations and Infectious Diseases. I, on behalf of the Minor,
myself, the Minor’s heirs, successors, assigns, and any other persons and
entities claiming through or under the Minor or myself, hereby irrevocably
authorize each of the Institutions to inform one or more other
Institutions
and/or one or more of the Minor’s family members, and/or involve one or more
other Institutions and/or one or more of the Minor’s family members in the
reporting and/or investigation, of (a) any and all allegations and/or
information in connection with any and all Violations that the Minor may be
suspected of committing, (b) any and all contacts and/or exposures that the
Minor has with one or more individuals that have or are suspected of having, or
that test positive for or are suspected of testing positive for, COVID-19,
influenza, tuberculosis, or any other infection or communicable disease that is
suspected of spreading through ordinary social interaction, (c) any and all
results of any and all medical tests on, or otherwise in connection with, the
Minor for COVID-19, influenza, tuberculosis, or any other infection or
communicable disease that is suspected of spreading through ordinary social
interaction, (d) any and all allegations and/or information about the Minor, or
anyone else at/in one or more of the Programs, having or suspected of having,
or testing positive for or suspected of testing positive for, COVID-19,
influenza, tuberculosis, or any other infection or communicable disease that is
suspected of spreading through ordinary social interaction, and (e) any and all
concerns that one or more Institutions have with regard to the Minor’s mental
health and/or emotional wellbeing, and/or with regard to any social challenges
the Minor may be facing. By this authorization, I, on behalf of the Minor,
myself, the Minor’s heirs, successors, assigns, and any other persons and
entities claiming through or under the Minor or myself, hereby forever RELEASE,
DISCHARGE, EXONERATE, HOLD HARMLESS, and INDEMNIFY each of the Institutions
from any and all causes of action, liabilities, losses, suits, claims,
expenses, damages, and claims, of every nature, including, but not limited to,
claims for or related to libel, slander, defamation, invasion of privacy,
misuse of information, and any other claims or causes of action, known or
unknown, whether based in part or in whole on one or more Institutions’ sole or
contributory negligence (even if one or more Institutions’ negligence causes
injury or damage jointly and/or concurrently with the Minor’s negligence, with
the negligence of one or more other Institutions, or with the negligence of any
other person or entity whatsoever) or otherwise, arising in any manner,
directly or indirectly, out of or incidental to any and all acts and/or
omissions in connection with informing another Institution and/or one or more
of the Minor’s family members, and/or involving another Institution and/or one
or more of the Minor’s family members in the reporting and/or investigation, of
(a) any and all allegations and/or information in connection with any and all
Violations that the Minor may be suspected of committing, (b) any and all
contacts and/or exposures that the Minor has with one or more individuals that
have or are suspected of having, or that test positive for or are suspected of
testing positive for, COVID-19, influenza, tuberculosis, or any other infection
or communicable disease that is suspected of spreading through ordinary social
interaction, (c) any and all results of any and all medical tests on, or
otherwise in connection with, the Minor for COVID-19, influenza, tuberculosis,
or any other infection or communicable disease that is suspected of spreading
through ordinary social interaction, (d) any and all allegations and/or
information about the Minor, or anyone else at/in one or more of the Programs,
having or suspected of having, or testing positive for or suspected of testing
positive for, COVID-19, influenza, tuberculosis, or any other infection or
communicable disease that is suspected of spreading through ordinary social
interaction, or (e) any and all concerns that one or more Institutions have
with regard to the Minor’s mental health and/or emotional wellbeing, and/or
with regard to any social challenges the Minor may be facing. The
authorizations given in this paragraph permit each of the Institutions to
inform one or more other Institutions, and/or involve one or more other
Institutions in the reporting and/or investigation, of various kinds of
allegations, information, contacts, exposures, results, concerns, and/or
matters, without being required or otherwise obligated to inform any other
Institution or any of the Minor’s family members, or involve any other
Institution and/or any of the Minor’s family members in the reporting and/or
investigation, of any one or more of those allegations, information, contacts,
exposures, results, concerns, and/or matters.
8. Medical
Consent. I, on behalf of the Minor, myself, the Minor’s heirs, successors,
and assigns, and any other persons and entities claiming through or under the
Minor or myself, hereby irrevocably give my consent to any and all medical,
hospital, or surgical treatment, as well as treatment by a physician, that the
Minor may need; provided, however, nothing contained herein shall be deemed an
obligation on any person or entity (including without limitation any of the
Institutions) to provide any such medical, hospital, or surgical
treatment or any
such treatment by a physician. I understand and accept that the cost of all
treatment shall be paid by me, except to the extent that the
Minor’s health insurance coverage pays for the treatment.
9. Testing.
I, on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns,
and any other persons and entities claiming through or under the Minor or
myself, hereby irrevocably give my consent for the Minor to be subject to and
submitted to testing by the Council or any of the other Institutions, from time
to time and in the sole and absolute discretion of the Council, for Covid-19
and/ or influenza. However, except as otherwise required by applicable law,
none of the Institutions shall have any duty, responsibility, or obligation to
test the Minor, or another person, for Covid-19 and/ or influenza, and none of
the Institutions shall have any duty, responsibility, or obligation to probe,
inquire, determine, monitor, supervise, check, or verify whether the Minor, or
another person, has Covid-19 or influenza.
10. Mental
Health Support. I, on behalf of the Minor, myself, the Minor’s heirs,
successors, and assigns, and any other persons and entities claiming through or
under the Minor or myself, hereby give my consent for the Minor to receive
mental health support (whether directly or indirectly, in-person or remotely,
for any period of time during and/or after any of the Programs) from any mental
health professional available through one or more of the Institutions,
regardless of whether the mental health support is provided on a one-time
basis, multiple times, or on an ongoing basis.
11. Additional
Documents. If Council or any of the other Institutions requires any other
forms, documents, or materials signed or submitted by a parent or legal
guardian of the Minor for the Minor’s participation (as a scout) or service (as
a volunteer or staff member) in one or more of the Programs or otherwise to be
permitted to enter the applicable premises for one or more events or activities
in connection any of the Programs, I will timely sign and submit all such other
forms, documents, or materials so long as they are reasonable and do not
require any misrepresentations from me.
12. Termination
from Program. Notwithstanding anything to the contrary in this Agreement or
in any other literature, materials, or documents in connection with one or more
of the Programs, I (on behalf of the Minor, myself, the Minor’s heirs,
successors, and assigns, and any other persons and entities claiming through or
under the Minor or myself) agree that if the Minor is suspected (by one or more
of the Institutions) of committing one or more Violations, or if the Minor is
determined, in the sole and absolute discretion of one or more of the
Institutions, to be ill or physically, emotionally, or mentally unsafe or
unstable, or if the Minor’s presence or interaction at/in one or more of the
Programs is determined, in the sole and absolute discretion of one or more of
the Institutions, to be potentially risky to the health, safety, or welfare of
one or more individuals at/in a Program, or if I or another parent or legal
guardian of the Minor fails to timely sign or submit any other forms,
documents, or materials required by one or more of the Institutions for the
Minor’s participation (as a scout) or service (as a volunteer or staff member)
in one or more of the Programs or for the Minor to be permitted to enter the
applicable premises for one or more of the Programs, (a) I, on behalf of the
Minor, myself, the Minor’s heirs, successors, and assigns, and any other
persons and entities claiming through or under the Minor or myself, hereby
irrevocably authorize each of the Institutions to inform one or more of the
Minor’s family members all relevant details, (b) one or more of the
Institutions may, at its/their sole and absolute discretion, require the Minor
(and/or arrange for the Minor’s transportation and travel) to return home (even
to another city, state, or country) prior to the Minor’s intended date/time to
return home and may, at its/their sole and absolute discretion, terminate the
Minor’s participation (as a scout) and/or service (as a volunteer or a staff
member) in one or more of the Programs, (c) I will be responsible and liable to
pay, or reimburse one or more of the Institutions, for all transportation and
other travel costs associated with the Minor’s return home (even to another
city, state, or country) prior to the Minor’s intended date/time to return
home, (d) one or more of the Institutions may, at its/their sole and absolute
discretion, require and/or arrange for the Minor’s to be quarantined or
isolated and may, at its/their sole and absolute discretion, suspend or
terminate the Minor’s participation (as a scout) and/or service (as a volunteer
or a staff member) in one or more of the Programs, and (e) in the event that
the Minor is required to return home early, to quarantine, or to isolate, or in
the event that the Minor’s participation (as a scout) and/or service (as a volunteer
or a staff member) is suspended or terminated in one or more of the Programs,
no reimbursement will be given by the Council or any other Institutions for any
fees, costs, or expenses (including, but not limited to, fees, costs, or
expenses paid or payable to any third party) that will by then have been paid,
charged, or billed (whether for attendance or participation in one or more of
the Programs from which the Minor’s participation as a scout and/or service as
a volunteer or a staff member are terminated, for any travel, lodging, or
transportation to, from, or otherwise in connection with one or more of the
Programs, or otherwise). Notwithstanding anything to the contrary in this
Agreement or in any material or information provided by or on behalf of any of
the Institutions, none of the Institutions shall have any duty, responsibility,
or obligation to probe, inquire, determine, monitor, supervise, test, check, or
verify whether the Minor, or another person is, ill or physically, emotionally,
or mentally unsafe or unstable nor whether the Minor’s presence, or the
presence of another person, at/in a Program is potentially risky to the health,
safety, or welfare of one or more individuals at/in one or more of the
Programs.
13. Cancellation
of Program. In the event that one or more of the Programs are cancelled due to
any reason that is not based in bad faith, no reimbursement will be given by
the Council or any other Institutions for any fees, costs, or expenses paid or
payable to any third party (including, but not limited to, fees, costs, or
expenses for any travel, lodging, or transportation to, from, or otherwise in
connection with one or more of the Programs). In addition, in the event that
one or more of the Programs are cancelled due to any reason that is not based
in bad faith, neither I nor any other payor of/for the Minor may be entitled to
a refund, reimbursement, or recovery of any fees, costs, or expenses that will
by then have been paid or incurred for, or toward, the cancelled Program.
14. Withdrawal
or Removal from Program. In the event that the Minor withdraws, or any of
his/her family members or legal guardians withdraws the Minor, from one or more
of the Programs for any reason whatsoever (whether prior to the commencement of
a Program, or otherwise) or in the event that I am removed from one or more of
the Programs as a result of one or more Violations, no reimbursement will be
given by the Council or any other Institutions for any fees, costs, or expenses
(including, but not limited to, fees, costs, or expenses paid or payable to any
third party) that will by then have been paid, charged, or billed (whether for
attendance or participation in one or more of the Programs from which the
Minor’s participation as a scout and/or service as a volunteer or a staff
member is withdrawn or removed, whether for any travel, lodging, or
transportation to, from, or otherwise in connection with one or more of the
Programs, or otherwise).
15. Additional
Release of Liability. I, on behalf of the Minor, myself, the Minor’s heirs,
successors, and assigns, and any other persons and entities claiming through or
under the Minor or myself, agree to RELEASE, DISCHARGE, EXONERATE, INDEMNIFY,
and HOLD HARMLESS each of the Institutions from and against any and all losses,
claims, damages, causes of action, liabilities, suits, costs, and expenses of
every nature whatsoever, known or unknown, involving the Minor, any of his/her
legal guardians or family members, or the Minor’s estate as a party, potential
party, third-party, or potential third-party, whether based in part or in whole
on one or more Institutions’ sole or contributory negligence or otherwise (even
if one or more Institutions’ negligence causes injury or damage jointly and/or
concurrently with the Minor’s negligence, with the negligence of one or more
other Institutions, or with the negligence of any other person or entity
whatsoever), arising in any manner, directly or indirectly, out of or incidental
to any and all acts, omissions, rules, regulations, policies, procedures,
expectations, requirements, restrictions, and/or guidelines with regard to, or
otherwise in connection with, (i) participation,
volunteering or other service, of any type in any events or activities as part
of one or more Programs, including but not limited to physical activities such
as sports, hiking, camping, climbing, cycling, archery, swimming, or boating (e.g.,
kayaking, canoeing, sailing, rowing, rafting), or other activities (including
but not limited to learning activities, classes, tutorials, tours, field trips,
arts and crafts, fundraising, and volunteering), (ii) travel or transportation
which participation (as a scout) and/or service (as a volunteer or a staff
member) in one or more Programs may involve, (iii) travel or transportation to
or from any areas in which an event or activity in connection with one or more
Programs, or any areas in which any scouting-related event or activity
whatsoever, is taking place, (iv) travel or transportation to or from any
events or activities in connection with one or more Programs, or to or from any
scouting-related events or activities whatsoever, (v) lodging, food, or
accommodations at, or on the way to or from, any events or activities in
connection with one or more Programs or at, or on the way to or from, any
scouting-related events or activities whatsoever, (vi) training of, for, or
delivered to any participant, volunteer, and/or staff, (vii) one or more
communications, relationships, and/or contacts between the Minor and one or
more of the Institutions, participants, volunteers, and/or staff, (viii)
internet security in the course of the submission, receipt, or viewing of any
application, content, material , or live stream that occurs at one or more
scouting-related events or activities or that is part of, or a prerequisite of,
one or more scouting-related events or activities, (ix) one or more
Institutions’ storage of, attempt to protect, or attempt to keep confidential
any data, (x) the storage and/or transportation of any valuables or any other
property, (xi) the performance or failure of any and all inspections,
investigations, or background checks, if any, of one or more participants,
volunteers, and/or staff members, (xii) the assignment of one or more staff
members and/or volunteers to one or more participants, and/or the assignment of
one or more participants to one or more staff members and/or volunteers, (xiii)
the condition, operation, reliability, performance, history, safety, ownership,
title, maintenance, quality, or failure of one or more vehicles used to
transport any participants, volunteers, and/or staff to or from one or more
Programs, to or from any events or activities in connection with one or more
Programs, to or from any scouting-related events or activities whatsoever, or
within an area in which one or more scouting-related events or activities
whatsoever are taking place, (xiv) the condition, operation, reliability,
performance, history, safety, ownership, title, maintenance, quality, or
failure of one or more devices, appliances, equipment, instruments, or tools
(whether belonging to any of the Institutions or otherwise) in any events or
activities in connection with one or more Programs, or in any scouting-related
events or activities whatsoever, (xv) the adequacy of, sufficiency of,
deficiency of, or lack of any security, security protocols, and/or safety protocols
at one or more Programs, (xvi) the adequacy of, sufficiency of, deficiency of,
or lack of any security, security protocols, and/or safety protocols at, on the
way to, or on the way from one or more events or activities in connection with
one or more Programs or any scouting-related events or activities whatsoever,
(xvii) one or more hazardous conditions or attractive nuisances on the land, or
within any buildings or other improvements, where one or more of the Programs
take place, (xviii) one or more hazardous conditions or attractive nuisances on
the land, or within any buildings or other improvements, where one or more
events or activities in connection with one or more Programs, or one or more
scouting-related events or activities whatsoever, take place, (xix) damage to
property or person, including personal injury or death, (xx) any and all
contacts and/or exposures that the Minor has with one or more individuals that
have or are suspected of having, or that test positive for or are suspected of
testing positive for, COVID-19, influenza, tuberculosis, or any other infection
or communicable disease that is suspected of spreading through ordinary social
interaction, (xxi) the Minor’s contraction of COVID-19, influenza,
tuberculosis, or any other infection or communicable disease that is suspected
of spreading through ordinary social interaction, (xxii) one or more
misrepresentations within, and/or breaches of, this Agreement, or (xxiii)
otherwise in connection with one or more of the Programs. I, on behalf of the
Minor, myself, the Minor’s heirs, successors, and assigns, and any other
persons and entities claiming through or under the Minor or myself, further
covenant not to pursue against one or more Institutions any losses, claims,
damages, causes of action, liabilities, suits, costs, and expenses as described
in this section. I, ON BEHALF OF THE MINOR, MYSELF, THE MINOR’S HEIRS,
SUCCESSORS, AND ASSIGNS, AND ANY OTHER PERSONS AND ENTITIES CLAIMING THROUGH OR
UNDER THE MINOR OR MYSELF, HAVE READ AND VOLUNTARILY SIGN THIS CONSENT &
RELEASE AGREEMENT AND INTEND IT TO BE A COMPLETE AND
UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
16. Legal
Authority. I hereby represent and warrant to each of the Institutions that
I have the legal capacity and the legal authority, as follows:
a. to enter
into this Agreement on behalf of the Minor, myself, the Minor’s heirs,
successors, and assigns, and any other persons and entities claiming through or
under the Minor or myself;
b. to make all
representations and warranties herein on behalf of the Minor, myself, the
Minor’s heirs, successors, and assigns, and any other persons and entities
claiming through or under the Minor or myself; and
c. to bind the
Minor, myself, the Minor’s heirs, successors, and assigns, and any other
persons and entities claiming through or under the Minor or myself, to each and every promise, covenant, agreement, representation,
warranty, and other matter within this Agreement.
17. Miscellaneous.
a. This
Agreement benefits the parties hereto and may be enforceable by the parties
hereto. Furthermore, this Agreement is also intended to benefit each of the
Institutions, who may enforce the terms of this Agreement.
b. The delay or
failure of any or all of the Institutions to insist at any time upon the strict
performance of any policy, procedure, rule, regulation, expectation,
requirement, restriction, guideline, covenant or agreement or to exercise any
option, right, power, or remedy arising out of this Agreement or otherwise, is
not to be construed as a waiver or relinquishment of the policy, procedure,
rule, regulation, expectation, requirement, restriction, guideline, covenant or
agreement, nor of the option, right, power, or remedy belonging to one or more
of the Institutions.
c. In the event
of any controversy or claim that arises out of or relates to one or more of the
Programs or this Agreement, the controversy or claim shall be submitted for,
and attempted in good faith to be resolved through, mediation before any legal
or arbitral proceedings. However, upon the earlier of a mediator or mediation
organization declaring an impasse in the mediation or the expiration of
one-hundred eighty (180) days from the date the controversy or claim is first
submitted to a mediator or a mediation organization, the controversy or claim
shall be submitted to final and binding arbitration administered by the
American Arbitration Association.
d. The
provisions (whether in the form of consents, authorizations, releases,
agreements, or otherwise) of this Agreement should be construed as valid,
legal, and enforceable to the greatest extent allowed by law. In the event that
any of the provisions of this Agreement, or the application hereof to any
individual or circumstance, is held by a court of competent jurisdiction to be
invalid, illegal, or unenforceable in any respect under present or future laws,
this Agreement shall be fully severable from the invalid, illegal, or
unenforceable provisions and this Agreement shall then be construed and
enforced as if the invalid, illegal, or unenforceable provisions had not been
contained in this Agreement; and in such event, the remaining provisions of
this Agreement shall remain in full force and effect and shall not be affected
by the illegal, invalid, or unenforceable provisions or by their severance from
this Agreement. Furthermore, in lieu of any illegal, invalid, or unenforceable
provisions, there shall be added automatically as part of this Agreement
provisions that are legal, valid, and enforceable but as similar in terms to
such illegal, invalid, or unenforceable provisions as may be possible.
e. The captions
and headings in this Agreement are inserted solely for convenience of reference
only and do not define, describe or limit the scope or intent of this Agreement
or any provision hereof.
