1. May 29th
, 2023
Saratoga HINDU TEMPLE & COMMUNITY CENTER
INSTRUCTOR Terms and Conditions
MANDATORY AGREEMENT TO TERMS AND CONDITIONS
AND RELEASE OF ALL CLAIMS
SARATOGA HINDU TEMPLE & COMMUNITY CENTER (SHTCC)
Education Offerings
We thank you for volunteering for Saratoga Hindu Temple and Community Center, hereinafter
referred to as SHTCC, event. Please read this form carefully and be aware that by volunteering,
you/ your child and extended family will be waiving and releasing certain claims that you and
your family may sustain in perpetuity. City referred in this agreement refers to the City of
Saratoga.
I acknowledge hereby, of my own free will and without inducements, promises or statements
other than those contained in this Agreement, and I agree to the following below.
I acknowledge that participation as a SHTCC instructor may involve risk of serious injury,
disability, death, or property damage or loss. In consideration of the permission given to me
to participate as a Volunteer in the activity or event described above, I hereby assume any
and all risks of such injury, disability, death, or property damage or loss. I understand that,
during the course and scope of my volunteer services, I will not be covered by any medical
insurance or coverage by the City of Saratoga nor any insurance that SHTCC holds .
I hereby waive, release and discharge SHTCC the City of Saratoga and its officers, agents,
and employees from any and all other claims and damages for personal injury, disability,
death, or property damage or loss which I sustain or which may occur as a result of my
volunteering, even though that liability, injury, or damage or loss may arise out of the
negligent acts, omissions or other legal fault of SHTCC the City or its officers, agents, and
employees. I further agree to indemnify and hold SHTCC, the City and its officers, agents,
and employees harmless from any loss, liability, damage, cost or expense, including
litigation, arising out of or related to my participation as SHTCC instructor. The foregoing
agreement to indemnify shall continue in full force and effect notwithstanding the
conclusion of my participation in the activity.
I understand and agree that this release and indemnification agreement is intended to be
broad and inclusive as permitted under California Law, and that if any portion of this release
2. and agreement is invalid, the balance shall continue in full force and effect. This release and
indemnification agreement shall be effective and binding upon myself and my heirs,
successors and assigns.
I HAVE CAREFULLY READ THIS RELEASE AND INDEMNIFICATION AGREEMENT AND FULLY
UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A
CONTRACT BETWEEN MYSELF AND SHTCC. I VOLUNTARILY AGREE TO EACH OF THE TERMS
AND PROVISIONS HEREIN AND SIGN THIS RELEASE AND INDEMNIFICATION AGREEMENT
OF MY OWN FREE WILL.
Copyright laws and Intellectual Property Rights: I understand and will respect copyright
laws and intellectual property rights. I hereby acknowledge that all information,
enhancements, alterations, modifications, improvements, discoveries, ideas, processes,
designs, trade secrets or other useful technical information or know how relating to SHTCC
related artifacts, processes or procedures otherwise prepared for the benefit of the SHTCC
community or its affiliates (the “Works”) developed or suggested by our instructors will be the
exclusive property of SHTCC. I hereby assign SHTCC all of my right, title and interest in such
Work. I will give all assistance that SHTCC reasonably requires to perfect, protect and use the
SHTCC rights to the Works.
MY SUPPORT OF SHTCC
I am 100% behind the SHTCC, its mission and charter; and the value that it provides to the local
community. I also believe in the Hindu value systems, the traditions, that are inherent to our
culture; and also in propagating and preservation of these values for our next generation. I will
make every attempt to join the programs of SHTCC, lending my support and energy as feasible.
By signing up to be a volunteer, I am also an advocate for SHTCC and will do my best to
propagate these values.
ASSUMPTION OF RISK
In participating, attending as the instructor for SHTCC, I acknowledge hereby, of my own free
will and without inducements, promises or statements other than those contained in this
Agreement, I am solely responsible for any certain risks of physical injury; and I agree to assume
the full risk of any nature, whatsoever for any death, any injuries, damages or loss of property,
and the person and the property of others, which me / my child / my extended family may
sustain as a result of participating in any and all activities connected with or associated with
such a program.
LOGISTICS and COMMITTMENT
I understand that as the instructor, I am committed to holding of this class on a weekly basis or
as agreed upon – as far as feasible. I do understand that if there is a break, that the break is
disruptive to the attendee and leads to a drop in attendance. Furthermore, I understand that
rooms are booked by SHTCC at the Saratoga Community Center months in advance, and last
minute cancelation of class are not credited back by the city of Saratoga as per their policy i.e
we make a loss for every last minute cancelation. I also understand that I am in charge of the
setup and dismantle for running my class i.e setup of tables and chairs etc and their dismantle at
3. the end of the event and any cleanup needed. I will engage the help as needed, whether
attendees or other volunteers towards this. I understand that city of Saratoga staff, even if
available are not responsible to put up chairs/tables for my class or clean up after my class. I will
ensure that I will have left the room exactly as I found it and avoid any expenses for SHTCC due
to city staff having to put in extra effort in the cleanup or dismantle. I will bring items as needed
for this class. If there is an expense for my class, I will ensure I have it pre-approved with SHTCC
management team towards getting it reimbursed. I agree to treat the premises of the class with
care, and ensure that no charges for damage are filed against SHTCC by any organization as a
result of my actions
ASSUMPTION OF RISK DURING SHTCC EDUCATION SESSIONS – in case of a child teaching
assistant
I acknowledge hereby, that my child or myself are participating at these free educational
sessions of my or my child’s own free will and without inducements, promises or statements
other than those contained in this Agreement. I will plan to be present during all such sessions
wherein my child is instructing or being educated. I also understand that these classes are being
offered at various sites, including my home. I am solely responsible for any certain risks of
physical injury; and I agree to assume the full risk of any nature, whatsoever for any death, any
injuries, damages or loss of property, and the person and the property of others, which me / my
child / my extended family may sustain as a result of participating in any and all activities
connected with or associated with such a program.
Photographic Permission Release Agreement
I hereby consent to the unrestricted use by SHTCC of my photograph, picture or portrait for use
in magazines, newspapers, trade journals, booklets, pamphlets, newsletters, advertisements,
the SHTCC Web site, or other promotional materials. I hereby agree to grant SHTCC University
worldwide rights in perpetuity for the use of my image on the SHTCC Web site. I further agree
that the Web site and all of its elements, belong entirely and exclusively to SHTCC, so that
SHTCC and its licensees and assigns may duplicate, distribute, exhibit,or otherwise use the
materials, or any portion of them, without limitation or restriction, throughout the world in
perpetuity. I release SHTCC University and its licensees and as-signs from any liability arising
from the use of my image and biographical information on the SHTCC Web site and authorize
use of my image and biographical information for SHTCC marketing purposes including but not
limited to multimedia products, publicity, advertising and promotional uses, and supplementary
literary material. I intend to be legally bound by this release.
Waiver and Release OF ALL CLAIMS
I for myself and for my heirs, representatives, assigns, successors and administrators, hereby
express release and agree to waive and relinquish all claims I or my child and extended family
may have as a result of my participation, attendance, performance, attending or volunteering at
this event, against SHTCC, the city of Saratoga, and its officers, agents, servants and employees
from any and all claims from injuries, damage or loss which may have or which accrue to me or
my child on account of participation in the program.
I also understand as a volunteer, I am waiving my rights to any fees or compensations of any
kind. I understand that SHTCC reserves the right to terminate voluntary duties and assignments
for any reason or no reason. SHTCC reserves the rights to cancel any particular class offering
4. based on lack of enrollment or for any other reasons. My voluntary duties are not time bound
for any specific period. I have read, understand and agree with the foregoing.
I further agree to indemnify and hold harmless and defend SHTCC team, the city of Saratoga,
and its officers, agents, servants and employees from any and all claims sustained by me or my
child, arising out of, connected with, or in any way associated with the activities of the program.
AUTHORIZATION FOR TREATMENT
In the event of an emergency, I authorize SHTCC team, their partners, to secure from any
accredited hospital and/or physician any treatment deemed necessary for my immediate care or
for the immediate care of my minor child, and I agree that I will be responsible for any and all
medical services rendered.
PERMISSION FOR PICTURES and VIDEO CAPTURE
In addition, in consideration for my possible participation in the Program, I hereby agree to be
bound by and to perform all of the terms, as such terms and conditions may relate to my
participation or the participation of my child/ward in the Program, if any (including but not
limited to the taping of my appearance in connection with the and the use of my or my
child’s/ward’s name, voice, likeness, performance (or excerpts there from) on picture, film, tape,
or otherwise. I also provide my permission, or my child’s permission for video recording of my
act and for the videos to be uploaded on YouTube.
I understand that SHTCC reserves the right to refuse an entry or performance to any individual
or act in its sole discretion for any reason or no reason. I have read, understand and agree with
the foregoing.
I agree that SHTCC may use my or my child’s performance in any and all media, including in
shows, marketing, advertising and promotions at any time, without further compensation to me
or my minor child.
WAIVER FOR ALL OTHER APPEARANCES
I also permit “SHTCC”, team to use my (or my child’s) name, likeness and performance (or
excerpts there from) on film, tape, or otherwise for the purpose of producing television
programs, including uploads of my performance to YouTube. I hereby waive the right to any and
all payment or compensation for appearance in the videotape or film and grant the right to
make unlimited use of my image and/or voice in whatever production they desire. I agree to
hold SHTCC, their partners, and their agents harmless from any liability arising from my
performance. It is also agreed, where applicable, that as the person responsible for this location,
I authorize the appearance of said location as program material to be included in any
videotaped program and/or publicity material.
Any controversy or claim arising out of or relating to this contract, or a breach thereof, shall be
determined by arbitration administered by the American Arbitration Association in accordance
with its International Arbitration Rules.
San Jose, CA will be the venue of resolution of all disputes.
5. Covenant Not to Sue
I agree never to institute any suit or action at law or otherwise against SHTCC, their partners,
the city of Saratoga and its officers, agents, servants and employees, or to assist in the
persecution of any claim for damages or any cause of action which I may have by reason of
injury to my person or any property, arising from the participation at this event. I further
expressly agre that I will never raise any claim against SHTCC, their partners, the city of Saratoga,
and its officers, agents, servants and employees regardless of the nature of the injury or damage.
I further agree that my heirs, executors, administrators, personal representatives and/or anyone
else claiming on my behalf shall not institute any suit or action at law or otherwise against
SHTCC, their partners, the city of Saratoga and its officers, agents, servants and employees, not
shall they initiate or assist in the prosecution of any claim for damage or cause of action.
By signing up to be a volunteer instructor for Saratoga Hindu Temple, I hereby permit my email
address and name to be listed on the Saratoga Hindu Temple website.
NAME
EMAIL
DATE
ADDRESS