CODE OF CONDUCT
By signing this document I recognize that violations of the code of conduct policy may result in immediate actions including; sending me and my guests home immediately, written warning on permanent record, or termination. I am responsible for and will compensate the Company for any and all damages I inflict on resort property either by accident, improper conduct, or negligence.
The following are unacceptable behaviors:
-Theft or inappropriate removal or possession of property.
-Possession, manufacture, sale, transfer, distribution or use of illegal drugs.
-Fighting or threatening violence.
-Immoral actions or intimidating others.
-Boisterous or disruptive activity.
-Negligence or improper conduct leading to damage of resort property.
-Violation of reasonable safety and health rules.
-Sexual or other unlawful or unwelcome harassment or touching.
-Sexual relations between co-workers.
By signing this agreement I pledge to uphold the professionalism, image and values of Accord Group and follow all guidelines stated. I will maintain a clean and safe living space. I will follow all regulations imposed by resort and I will respect neighboring guests and make every effort to be a great guest.
WAIVER OF LIABILITY and HOLD HARMLESS
I hereby fully waive and release Accord Marketing and Management (the ‘Releasee’), from any and all claims for personal injury, property damage, or death that may result from my participation in the following activities:
the Annual Awards Banquet and the Trip (cruise):
I hereby voluntarily, at my own risk, sign this Waiver and Assumption of Risk.
I hereby acknowledge and understand that there are dangers and risks associated with the activities described above, which have been fully explained to me.
By signing this Waiver and Assumption of Risk, I fully assume the dangers and risks, and agree to use my best judgment while engaging in those activities. I further agree to indemnify and hold harmless the Releasee, its employees, agents, officers, from and against any and all liability incurred as a result of or in any manner related to my participation in the activities.
I hereby certify that I am of legal age and competent to execute this Waiver and Assumption of Risk, that in doing so of my own free will and accord, voluntarily and without duress, and that I do so intending to bind myself, my executor, my heirs, and administrators or assigns to the fullest extent.
I have read and understood the foregoing, and acknowledge my consent to the terms of this Waiver & Assumption of Risk by signing this Waiver.
The person named below (referred to herein as "I" or "me") hereby irrevocably permits, authorizes and licenses Accord Marketing and Management, Inc. d/b/a Accord Group and its affiliates, successors and assigns (collectively, “Accord Group”) the rights to record, photograph, digitize, display, reproduce, modify, exploit, and otherwise use my name, image, likeness, appearance and other personal characteristics and all materials created by or on behalf of Accord Group that incorporate any of the foregoing (collectively, the ”Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created for any purpose, including but not limited to advertising, promotion and other commercial and business purposes, without further consent from or royalty, payment or other compensation to me, all according to the terms and conditions set forth in this Publicity Waiver and Release (this “Release”).
I hereby acknowledge and agree that Accord Group shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to Accord Group my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by Accord Group, and that Accord Group has no liability to me for any editing or alteration of the Materials.
To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims") arising directly or indirectly from the Accord Group’s exercise of their rights under this Release or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of Accord Group or any other person, covenant not to make or bring any such Claim against Accord Group, and forever release and discharge the Accord Group and its shareholders, officers, directors, employees and agents from liability under such Claims. I understand that Accord Group is relying on this Release and will incur significant expense in reliance on this Release, and I agree that this Release cannot be terminated, rescinded, or modified, in whole or in part.
I represent and warrant to Accord Group that I am at least eighteen (18) years of age, and I have full right, power, and authority to enter into this Release and grant the rights hereunder. This Release constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, both written and oral, with respect to such subject matter. I have not relied on any statement or agreement of Accord Group or of any other person on Accord Group's behalf, except for the representations and agreements expressly contained in this Release. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. Accord Group may assign this Release and its rights hereunder, in whole or in part, to any party. This Release is binding on and inures to my benefit and the benefit of Accord Group and our respective heirs, executors, administrators, legal representatives, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Jackson County, Missouri, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
THIS RELEASE PROVIDES ACCORD GROUP WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING ACCORD GROUP TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ACCORD GROUP.