Online Waiver and Affirmation
Title: Waiver and Acknowledgment of Recording Use for CUPA Forum Board's Learning Management System
Introduction:
Thank you for participating as an instructor in our upcoming conference. To maximize the impact of your expertise and to make this knowledge available to our members beyond the live session, we request your permission to record and use your training session within our organization’s Learning Management System (LMS) at calcupa.org. Please carefully review and acknowledge the following terms:
Waiver and Agreement Terms:
- Consent to Recording and Distribution:
By signing below, you agree that your live training session may be recorded in video and audio format and subsequently uploaded in CUPA Forum Board's LMS to educate and train our members.
- Purpose of Use:
The recorded session will be used exclusively for educational purposes and will be accessible only to authorized members of our organization through our secure Learning Management System (LMS). For the purposes of this agreement, "organization" encompasses all individuals with active accounts on the CUPA Forum Board’s LMS, including regulatory officials, government representatives, and members of the regulated community. The recording may be used for training, reference, knowledge-sharing, and to provide Continuing Education Units (CEUs) pertinent to the content of your presentation.
- Duration of Use:
You understand and agree that the recording may remain in our LMS for as long as the content remains relevant to our educational objectives or until you request its removal in writing.
- Ownership and Intellectual Property:
While you retain intellectual property rights to your original content, you grant our organization a non-exclusive, royalty-free license to use, edit, and distribute the recorded session as outlined above.
- No Compensation for Recorded Use:
You acknowledge that no additional compensation will be provided for the use of the recorded session in our LMS. Your participation and agreement to this recording serve as acknowledgment of this arrangement.
- Release of Liability:
By agreeing to these terms, you release our organization from any liability related to the distribution or use of the recorded session as stated in this waiver.
- Liability Release for Reproduction by LMS Participants:
By accessing and using the materials provided within this Learning Management System (LMS), each participant agrees and acknowledges that the organization and its affiliates, officers, employees, and agents are not liable for any unauthorized reproduction, distribution, or use of these materials by LMS participants. The organization provides content for educational purposes only and cannot control or monitor individual participant actions outside of the LMS platform. The participant accepts full responsibility for any reproduction, distribution, or use of LMS materials and waives any claims against the organization for any consequences that may arise from such actions.
- Governing Law:
This waiver will be governed by the laws of the State of California, without regard for choice of law provisions.
- Dispute Resolution Clause:
In the event of any dispute, controversy, or claim arising out of or relating to this agreement, the parties agree that they will not pursue litigation against each other. Instead, the parties commit to resolve any dispute through an alternative dispute resolution process. This process shall include good-faith negotiations, mediation, and, if necessary, binding arbitration, conducted in accordance with the rules of the [relevant arbitration or mediation institution]. Each party shall bear its own costs in the dispute resolution process, and any decision reached through binding arbitration shall be final and enforceable by a court of competent jurisdiction.
- Severability:
You agree and acknowledge that if portions of this waiver are held to be illegal or otherwise unenforceable, such shall not affect the legality or enforceability of the remainder of the Agreement.
- Acknowledgment of Understanding:
By checking the box below and submitting, you affirm that you have read, understand, and agree to the terms outlined above.
Acknowledgment Checkbox and Submission
I have read, understand, and agree to the terms and conditions stated in this waiver and consent to the recording and distribution of my session as a Course in CUPA Forum Board's LMS.