By checking this box, you agree to the auction terms and conditions set by the French-American School of New York as listed below:
French American School of New York
2021 Gala Virtual Auction
Authorization and Release from Liability of Liability
As part of its 2021 Gala, the French American School of New York (“FASNY” the “School”) will be holding its annual auction live via videoconference (the “Virtual Auction”). The undersigned (the “Participant”), wishes to participate in the Virtual Auction. In consideration of the promises and mutual covenants and conditions contained herein, the Parties hereby agree as follows:
1. Eligibility. The Virtual Auction is not open to minors under the age of 18 or to any users suspended or removed from the system by FASNY for any reason. The Auction is open to legal residents of the United States (including the District of Columbia but excluding Puerto Rico and U.S. possessions, territories, overseas military installations in foreign countries), and Canada, who are 18 years of age or older and have reached the age of majority in their home state at the time of registration. If you do not qualify, you may not participate in the Auction.
3. Use of Images. Participant understands that his/her image may be included in photographs, audio recordings and/or videos relating to the 2021 Gala or Virtual Auction (collectively, the “Images and Recordings”), and by accepting these Terms Participant hereby gives and grants in perpetuity to FASNY and its trustees, officers, employees, subsidiaries, affiliates, representatives, agents, successors and assigns, and any person, corporation, or entity acting under its permission or with its authority, or for whom it might be acting, including anyone distributing or disseminating communications by or regarding FASNY (hereinafter collectively referred to as the “Licensed Parties”) the irrevocable, unrestricted right, permission and license to publish, reproduce, distribute, broadcast, and/or otherwise use the Images and Recordings in any and all mediums, including for commercial use. Participant further understands that FASNY is and shall be the exclusive owner of all right, title and interest (including copyright) in and to the Images and Recordings. Participant hereby waives all rights of inspection or approval with regard to any use of the Images and Recordings, and hereby releases, discharges, and holds harmless FASNY and its trustees, officers, employees, subsidiaries, affiliates, representatives, agents, successors and assigns, from any and all liability that may arise, directly or indirectly, now or in the future, by reason of any damage, loss, or expense incurred in connection with the use of the Images and Recordings.
4. Third Party Partners/Suppliers. Participant understands that items being auctioned during the Virtual Auction (each, an “Auction Item”) has been been donated or otherwise provided by a School community member, third party partner or other supplier (“Third Party Provider”). FASNY’s use of Auction Items supplied by such Third Party Providers in the Virtual Auction does not imply any endorsement, sponsorship or affiliation between FASNY and any such Provider. Third Party Providers and their principals shall not be treated as FASNY’s agents for any purpose. FASNY provides no additional warranties or guarantees for product merchandise provided; all products are provided “as-is.” FASNY, its subsidiaries and affiliates are not responsible for Third Party Provider components and/or programs (including, without limitation, merchandise and event tickets) or obligated in any way in connection with their operation or for any expense, loss, injury, damage, delay, accident or any other matter whatsoever, however suffered or caused, directly or indirectly arising out of use of merchandise provided by a Third Party or participation in a Third Party Provider program including, without limitation, (i) failure or delay by the Third Party Provider to redeem all or part of an Auction Item or to provide any all or part of a specific Auction Item, for whatever reason; (ii) loss or damage caused by the program or component of the item supplied or requested in connection with the Third Party Provider; (iii) any changes to or termination of a Third Party Provider program or component with or without notice; (iv) amenities, services and/or facilities not being available due to renovations, strikes, bankruptcy and/or acts of nature, pandemic, war, or other acts beyond the control of FASNY. You agree therefore not to make any claims against us for any matter connected in any way with a Third Party Provider. All recourse for any and all liability in connection with a Third Party Provider is against the Third Party Provider only. By redeeming the Item, you release FASNY and its parent, subsidiaries and affiliates from any and all liability regarding the redemption or use of the Auction Item involving the Third Party.
5. Limitation of Liability. BY PARTICIPATING IN THE AUCTION AND/OR REDEEMING THE AUCTION ITEM, PARTICIPANT EXPRESSLY UNDERSTANDS AND AGREES THAT NEITHER FASNY NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SHAREHOLDERS, PRINCIPALS, VENDORS, SERVICE PROVIDERS, REPRESENTATIVES AND ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE AUCTION OR ANY ITEM, EXPERIENCE OR SERVICE RELATED THERETO (COLLECTIVELY, THE “RELEASED PARTIES”), SHALL BE LIABLE OR ANY RESPONSIBILTY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE AUCTION, OR ANY AUCTION ITEM OR EXPERIENCE, OR THE INABILITY TO USE THE WEB SITE FOR THE AUCTION, PARTICIPATE IN THE AUCTION, OR CLAIM ANY AUCTION ITEM OR EXPERIENCE, OR ARISING FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF A PACKAGE, OR RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES. THE RELEASED ENTITIES WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE AUCTION SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, REPUTATION, OR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF PARTICIPANT’S USE OF THE AUCTION WEB SITE OR INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PACKAGE CANNOT BE AWARDED. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO PARTICIPANT FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL DISASTER, WEATHER, TERRORISM, NATIONAL EMERGENCY, EPIDEMIC, PANDEMIC, ILLNESS OR ANY ACT OR OMISSION OF A THIRD PARTY.
6. Warranty. WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE TERMS AND CONDITIONS, EVERYTHING REGARDING THE PACKAGES, INCLUDING THE AUCTION, THE AUCTION ITEMS AND THE WEB SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7. Release. In exchange for the benefits provided to Participant by FASNY, Participant knowingly and voluntarily hereby fully releases and forever discharges FASNY from all or any manner of past, present or future rights, claims, demands, and actions, in law or in equity, in tort or in contract, or under any other theory of recovery, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising (collectively “Claims”) which Participant ever had, now have, or may have hereafter against FASNY, arising out of or relating in any manner to the bidding, purchase of and participation in the Auction, or the use of an auction item, regardless of the cause.
8. Indemnification. Participant agrees to defend, indemnify and hold harmless FASNY from any claim or demand made by any third party due to or arising out of the Participant’s breach of this Agreement or violation of any law or the rights of a third party.
9. Miscellaneous. The releases contained within this Authorization and Release from Liability from Liability are for the benefit of FASNY and are binding on the Participant, his/her heirs, beneficiaries, legal representatives, executors, administrators, and assigns. To the fullest extent permitted by law, Participant agrees that if a dispute arises out of or related to the FASNY Virtual Auction, it shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of New York. If any clause, sentence, paragraph or other provision of this Authorization and Release from Liability from Liability is, for whatever reason, deemed void, or otherwise unenforceable, then such language shall be severed and the rest of the Authorization and Release from Liability from Liability shall remain in full force and effect.
By signing this Authorization and Release from Liability, Participant acknowledges and represents that (s)he has read the Authorization and Release from Liability, fully understands it and agrees to its provisions, and signs it voluntarily. No oral representations, statements, or inducements apart from the foregoing Authorization and Release from Liability that has been reduced to writing have been made and no modifications or alternations may be made to this form.
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