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Terms and Conditions
Terms & Conditions for the
Star Wars: The Clone Wars
themed YMCA and ACA camp program:
Lucasfilm Ltd. is pleased to provide your YMCA or ACA with a camp tool kit consisting of Star Wars: The Clone Wars themed games, crafts and other activities (collectively, the “Tool Kit”), solely for use as part of your YMCA or ACA non-profit camp program during 2013 (the “Camp Program”). This authorization is strictly limited to the use of the Tool Kit as part of your Camp Program activities during 2013. The Tool Kit may not be used, copied, duplicated, or reproduced for any other purpose whatsoever. Neither the use of the Tool Kit, Camp Program, or any activities in connection therewith shall be derogatory to or critical of Lucasfilm Ltd. or its productions. Lucasfilm Ltd.’s prior written permission is required for any use of the Tool Kit not specifically outline herein. The YMCA and ACA will be solely responsible for, and hereby discharges and releases Lucasfilm Ltd. and its affiliated, related and subsidiary entities, from and against, any and all claims, liability, damages, cost and expense (including attorney’s fees and costs) arising out of or related to any illness, injury, cost, damage, loss, expense or aggravation which may occur as a result of any use of the Tool Kit including without limitation any production or performance of, or participation in, any of the activities of the Tool Kit; and YMCA and ACA will not make any claim against or assert any rights against Lucasfilm Ltd., for any injury, loss, expense or damage in connection with any use of the Tool Kit including without limitation any production or performance of, or participation in, any of the activities of the Tool Kit. The YMCA and ACA shall indemnify, defend and hold harmless Lucasfilm Ltd., its directors, officers, agents and employees against all costs, expenses (including attorneys’ fees and costs, whether or not in connection with litigation), claims, damages, liabilities or losses of whatever kind arising from or relating to, without limitation, the use, design, production, performance or participation in, any of the activities of the Tool Kit or any breach or alleged breach by YMCA or ACA of any of the YMCA’s or ACA’s representations, or warranties or agreements made or assumed herein. You acknowledge that Lucasfilm Ltd. is not in the business of operating or sponsoring summer camps, has no expertise or knowledge relating to summer camp operations or activities, and is not in any way endorsing or representing the safety or integrity of the activities of the Tool Kit. Lucasfilm Ltd. is relying entirely on your ability to operate a summer camp and the Camp Program in accordance with all applicable laws, rules and regulations, and consistent with the highest standards of the summer camp industry. You acknowledge and agree that you have all the necessary and useful knowledge and experience regarding summer camp operations and activities and the Camp Program. You agree to be solely responsible for all costs, expenses and other charges in connection with your use of the Tool Kit and any production and performance of, and participation in, any activities of the Tool Kit and your Camp Program. You shall be solely responsible for obtaining at your expense all insurance policies, licenses and permits usual, necessary or required for summer camp operations and activities and your Camp Program. Such insurance policies shall include and provide coverage for any and all claims, demands and actions, suits or other proceedings for bodily injury, personal injury and/or property damage arising out of or purporting to arise out of your summer camp operation and activities and the Camp Program. The Tool Kit shall be used solely as part of your Camp Program and shall not be used in any manner to suggest sponsorship, affiliation or endorsement of the YMCA, ACA or your Camp Program by Lucasfilm Ltd. You represent and warrant that you will obtain all required individual releases and consents as may be necessary with respect to the participation of campers and staff members in activities associated with the Tool Kit and your Camp Program. If the camper or staff member is under 18 years of age the above referenced individual releases and consents sufficient under the law of your state, must be signed by both parents or legal guardians, if parents have joint custody, or by the parent with sole custody. Each such release and/or consent shall discharge and release Lucasfilm Ltd. and its affiliated, related and subsidiary entities from and against, any and all claims, liability, damages, cost and expense (including attorney’s fees and costs) arising out of or related to any illness, injury, cost damage, loss, expense, claim or other liability which may occur as a result of such camper’s or staff member’s participation in connection with any Tool Kit activities, and neither such camper’s or staff member’s assignees, heirs, guardians or legal representatives will make any claim against or assert any rights against Lucasfilm Ltd. and its affiliated, related and subsidiary entities for any liabilities resulting from participation in connection with any Tool Kit activities. In the event you already require parents/guardians to sign a general release, you acknowledge that such release shall encompass any and all authorized uses of the Tool Kit, and that you will indemnify all Lucasfilm entities for any deficiencies which could give rise to a later claim by any users of the Tool Kit. The Tool Kit is provided “as is”, without warranty of any kind. Lucasfilm Ltd. further disclaims any implied warranties, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of the use or performance of the Tool Kit remains with the YMCA and ACA.
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Agreement
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