SPOT 127 Orientation and Release Packet

Welcome to SPOT 127! We are very happy to have you in our digital media program. We also appreciate the commitment your parents/guardians have made. Their involvement and communication are very important to us. Please feel free to reach out to us with any questions or comments.

This packet contains several documents you and your parents/guardians need to review and sign to participate in the SPOT 127 program. These acknowledgements are required. The agreements include a Student Behavior Notice, Medical Emergency Information/Release, Photo Release, General Assumption of Risk & Release of Liability, and a Student Artist Consignment Agreement. By signing off on these documents, you agree to follow the policies.

We are looking forward to a successful year – thank you for your participation!

Student Behavior Notice
  1. To avoid liability and provide a safe environment where students do not engage inappropriate behavior, students will be closely supervised and are expected to stay on the SPOT 127 premises unless in the company of an instructor for the purposes of shooting video, recording audio or taking photos.
  2. Students are not allowed to leave in a vehicle during workshop hours without parent and director permission.
  3. All Local High School Districts and Rio Salado College rules and regulations apply. Students with or in the presence of illegal substances will be asked to contact parent for immediate removal.
  4. No smoking is allowed.
  5. Any student damaging property will be charged for it, and notices will be sent to parents.
  6. SPOT127 is not responsible for loss of personal items.
  7. Student are only allowed 2 excused absences durning bootcamp before being dropped.
  8. There is no refund once student has been accepted to the program.
Medical Emergency Information/Release
Please note any health-related concerns the SPOT 127 staff should be aware including medications.
Photo Release

PROMOTIONAL RELEASE: By checking the box below you have given SPOT 127 Youth Media Center the right to use any photos and or video taken of your student in promotional printed and on-air pieces as well as online, including and not limited to, website, video and e-mail blasts. Student has produced, or intends to produce, the following item relating to the Project or Class (“Work”): Print, video, audio, photography, web, and social media content.

RIGHTS OWNED AND OBTAINED: Student and Rio Salado College agree that the Student retains all copyrights afforded within the law to the Work. Additionally, Student warrants that he/she has or will secure in writing before the end of the Project or Class, to the extend required by law, all proprietary rights to use images, sounds, music, performances, text, other intellectual property, or trademarks or service marks used in the Work. Student will also secure in writing all human subject, talent, crew or location releases involved in producing the Work. Student agrees to provide the written releases to College by no later than the end of the Project.

Student will defend, indemnify, and hold harmless College and the Maricopa County Community College District (“MCCCD”) from any and all claims, costs, damages, expenses and liabilities arising from the creation, use, publication, reproduction or viewing of the Work, including, but not limited to claims for negligence and other torts, unauthorized exhibition, discrimination, fraud, infringement and breach of contract. Student further understands, to the extent the Work is an educational record under the Family Educational Rights and Privacy Act, that: (1) he or she has the right not to consent to the release of my education records; (2) he or she has the right to receive a copy of such records upon request; and (3) this consent shall remain in effect until revoked by Student, in writing, and delivered to MCCCD, but that any such revocation shall not affect disclosures previously made by MCCCD prior to the receipt of any such written revocation.

LICENSE GRANTED: The Student irrevocably grants to College a non-exclusive, perpetual right at no cost to duplicate, use, screen, show, exhibit, broadcast or disseminate the Work in any media

General Assumption of Risk & Release of Liability

Caution: This is a release of legal rights. Read and understand it before signing.

The Maricopa County Community College District is a public educational institution. References to College ("College") include all of the Colleges within the Maricopa County Community College District ("MCCCD"), its officers, officials, employees, volunteers, students, agents, and assigns.

I freely choose to participate in SPOT 127 Youth Media Center (henceforth referred to as the “Program”). In consideration of my participation in this Program, I agree as follows:

RISKS INVOLVED IN PROGRAM: (Specific dangers endemic in this Program’s activity.)

Leaving the property to cover stories in the community, crossing streets, going up and down stairs, lifting and carrying equipment, extended walking, crossing uneven terrains, interacting with individuals in the community unassociated with SPOT 127.

HEALTH AND SAFETY: I have been advised to consult with a medical doctor with regard to my personal medical needs. I state that there are no health-related reasons or problems that preclude or restrict my participation in this Program. I have obtained the required immunizations, if any.

College may (but is not obligated to) take any actions it considers to be warranted under the circumstances regarding my health and safety. I recognize that College is not obligated to attend to any of my medical or medication needs, and I assume all risk and responsibility therefore. In case of a medical emergency occurring during my participation in this Program, I authorize in advance the representative of the College to secure whatever treatment is necessary, including the administration of an anesthetic and surgery. Such actions do not create a special relationship between the MCCCD and me. I release the MCCCD, its officers, officials, employees, volunteers, students, agents and assigns from all liability for any bodily injury or damage I sustain as a result of any medical care that I receive resulting from my participation in Program, as well as any medical treatment decision or recommendation made by an employee or agent of the MCCCD. I agree to pay all expenses relating thereto and release College from any liability for any actions.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY: Knowing the risks described above, and in voluntary consideration of being permitted to participate in the Program, I agree to release, indemnify, and defend College and their officials, officers, employees, agents, volunteers, sponsors, and students from and against any claim which I, the participant, my parents or legal guardian or any other person may have for any losses, damages or injuries arising out of or in connection with my participation in this Program.

SIGNATURE: I indicate that by checking the box below that I have read the terms and conditions of participation and agree to abide by them. I have carefully read this Release Form and acknowledge that I understand it. No representation, statements, or inducements, oral or written, apart from the foregoing written statement, have been made. This Release Form shall be governed by the laws of the State of Arizona which shall be the forum for any lawsuits filed under or incident to this Release Form or to the Program. If any portion of this Release Form is held invalid, the rest of the document shall continue in full force and effect.

Student Artist Consignment Contract

THIS ARTIST CONSIGNMENT AGREEMENT ("Agreement") is entered on the date this form is completed and submitted ("Effective Date"), between the Friends of Public Radio Arizona (herein after referred to as FPRAZ) and the volunteer participant in SPOT 127 Youth Media Center, (hereinafter referred to as “Artist”).

WHEREAS, the FPRAZ has a signed Memorandum of Understanding between the Governing Board of the Maricopa County Community College District, the license holder for KJZZ and KBACH, and the FPRAZ Board of Directors granting FPRAZ under section 6.2.2. of the MOU the right to hold assets; FPRAZ will receive, hold, manage, invest, and disperse contributions of cash, securities, patents, copyrights, and other forms of property, including immediately vesting gifts and deferred gifts that are contributed in the form of planned and deferred-gift instruments; and under section 6.3.1 FPRAZ may serve as an instrument for entrepreneurial activities for KJZZ and KBACH or MCCCD. It also may engage in other activities to increase FPRAZ revenue with no direct connection to a MCCCD purpose; and the offices of FPRAZ are located within the studios of KJZZ on MCCCD property at 2323 W. 14th Street, Tempe, AZ 85281; and

WHEREAS, the Artist wishes to have his or her original artworks represented, or displayed through this arrangement with FPRAZ, and

WHEREAS, FPRAZ wishes to assist display original artworks and/or represent the Artist under the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable consideration, the parties hereto agree as follows:

SCOPE

All Artist works proposed for production or display through this agreement with FPRAZ include works of art produced as an assignment or the result of an assignment in association with voluntary participation in KJZZ’s SPOT 127 Youth Media Center program. All work is subject to being approved by FPRAZ or its designees/representatives, in its sole and absolute discretion and priced at the sole discretion of the FPRAZ or its designees/representatives.

TERM AND TERMINATION

This Agreement shall expire on the Three Hundred Sixty Fifth (365th) day following the Effective Date.

WITHDRAWAL OF ITEMS

FPRAZ or its designees/representatives reserves the right, in its sole and absolute discretion, to remove one or more of Artist’s works from exhibition. When removal is necessary, the Artist shall cooperate fully with FPRAZ. When an artwork is accepted by FPRAZ and installed for a period of time, the artist hereby agrees that they will not be allowed to retrieve the work until a designated Retrieval Date.

SALES OF ARTWORK

FPRAZ shall accept cash, check, Visa or Master Card as payment for artworks. FPRAZ shall be responsible for any merchant account or processing fees incurred with any of the payment methods listed above. Layaway plans are NOT available.

COMMISSION

FPRAZ shall receive a 40% commission of the retail price on any sale of the work during the time it is being represented by FPRAZ. By way of example, if a work sells for $100.00, FPRAZ shall receive as its commission $40.00 from the sale proceeds and Artist shall receive $60.00 from the sale proceeds. No commission on artworks sold privately following exhibition representation by FPRAZ will be required of the artist.

PAYMENTS

FPRAZ shall pay the Artist all proceeds due to the artists no later than thirty (30) days of completion of sale (final payment). No sales on approval or credit shall be made.

ACCOUNTING

FPRAZ shall furnish the Artist with an inventory accounting upon request. After each work that is sold an accounting shall be forwarded to Artist with final payment that includes the following information: the title of the work, the date of the sale, the sale price, the name and address of the purchaser, the distribution of the sale proceeds to FPRAZ and to the Artist.

PROMOTIONS

FPRAZ may use digital images and media for FPRAZ promotional purposes only. FPRAZ requests current documentation about each volunteer in the SPOT 127 program be kept updated at SPOT 127 Youth Media Center, LLC.

SECURITY INTEREST

Title to and proceeds of any sale under this Agreement are reserved to the Artist. In the event of any default by FPRAZ, the Artist shall have all the rights of a secured party under the Uniform Commercial Code and the works shall not be subject to claims by FPRAZ creditors. In the event of the purchase of any work by FPRAZ, title shall pass only upon the full payment to the Artist of all sums due thereunder. FPRAZ agrees not to pledge or encumber any works in its possession, nor to incur any charge or obligation in connection therewith for which the Artist may be liable.

ASSIGNMENT

This Agreement shall not be assignable by either party hereto.

NONDISCRIMINATION

FPRAZ and the Artist agree to comply with all applicable state and federal laws, rules, regulations and executive orders governing equal employment opportunity, immigration, nondiscrimination and affirmative action.

ARBITRATION

All disputes arising under this Agreement shall be submitted to binding arbitration policies subscribed and adopted in the FPRAZ Organizational Bylaws; in the event of a request for arbitration by either the Artist or FPRAZ designee/representative an independent arbitrator chosen by the American Arbitration Association shall be selected to hear the dispute within 10 days of the request for arbitration. The arbitrator will decide the disputed matter within 3 days of the presentation. The decision of the arbitrator will be final.

MODIFICATIONS

All modifications of the Agreement must be in writing and signed by both parties. This Agreement constitutes the entire understanding between the parties hereto.

RELEASE OF DESIGN

The ARTIST hereby allows FPRAZ use of the approved planned designs of the artwork for promotional purposes only, and unlimited credited use for the period of time when the artwork is being represented, said use not to exceed one year following the removal of artwork.

COPYRIGHT OWNERSHIP

The ARTIST reserves all copyrights including reproduction rights of the design and or drafts submitted for this PROJECT. The ARTIST shall retain the copyright and all other rights in and to the artwork design, provided that FPRAZ is hereby granted an irrevocable license to graphically reproduce (through photography, video, print, film, digital media or otherwise) the image of the artwork, including but not limited to, the artwork proposal and all preliminary studies, models and storyboards and concepts developed while as a part of the SPOT 127 Youth Media Center program. On each reproduction the ARTIST shall be acknowledged, using designations provided by the ARTIST, to be the creator of the original artwork thereof, provided that reproductions of any preliminary studies, models and maquettes shall not be identified as or represented to be the finished artwork.

ARTIST’S IDENTIFICATION LABEL

FPRAZ shall prepare, at its own expense, an identification label indicating the ARTIST’s name, the artwork’s title, funding source, year of completion, and information text about the artwork. This label shall include material deemed appropriate by the FPRAZ representatives/designees and shall be placed adjacent or near to the artwork whenever the artwork is publicly represented and displayed by FPRAZ.

CONFLICT of INTEREST

FPRAZ stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement.

INDEMNITY

The Artist agrees to indemnify, defend, and hold harmless the Friends of Public Radio Arizona, Maricopa County Community College District, KJZZ/SPOT 127 Youth Media Center, Boards and Commissions, officials, officers, employees, individually and collectively: from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney’s fees, defense costs, or actions of any kind and nature resulting from personal injury to any person, or damages to any property arising or alleged to have arisen out of the negligent performance of the Artist for the work to be performed hereunder, except any such injury or damages arising out of the sole negligence of FPRAZ, its officers, agents or employees.

GOVERNING LAW

This agreement shall be construed under the laws of the State of Arizona and the provisions of the Agreement are intended to be separable so that if any provision of the Agreement is invalid, the remaining provisions shall be enforceable against both parties.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above.