Oak Creek Elementary School PTA

Terms and Conditions

By accessing these photos, you acknowledge that Oak Creek Elementary School is exercising it's rights as stated below:
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IKAP CAM SOFTWARE & NBPTA.ORG
COMPREHENSIVE CONSENT, RELEASE, AND LIABILITY WAIVER AGREEMENT

This legally binding Agreement ("Agreement") is made between the legal guardian ("Guardian") and Oak Creek Elementary School ("School"), Comal Independent School District ("District"), NBPTA ("Association"), and IKAP Cam ("Service Provider").

1. EXPRESS CONSENT FOR LIMITED USE

Guardian hereby grants express, written consent for:

• Digital image capture of the below-named Student(s) during school-sponsored events

• Secure transmission and temporary storage via IKAP Cam software

• Exclusive electronic delivery to Guardian's verified email address

• Storage duration not to exceed seven (7) calendar days

NO PUBLIC DISPLAY RIGHTS ARE GRANTED UNDER THIS AGREEMENT.

2. LEGAL GUARDIAN WARRANTY & REPRESENTATIONS

Guardian expressly warrants and represents under penalty of perjury:

• They are the sole legal guardian of the named Student(s)

• They possess full legal authority to execute this Agreement

• All provided contact information is accurate and current

• They will immediately notify School of any custody changes

3. COMPREHENSIVE LIABILITY RELEASE

Guardian hereby fully and irrevocably releases, discharges, indemnifies, and holds harmless the School, District, Association, Service Provider, their officers, employees, agents, and representatives from:

All claims, demands, damages, losses, liabilities, costs or expenses (including reasonable attorneys' fees) arising from or related to:

• Any technical failure, interruption, or data breach

• Unauthorized access or disclosure of images

• System malfunctions or service interruptions

• Any misuse by Guardian or third parties post-delivery

• Any claim of emotional distress or invasion of privacy

• Any violation of local, state, or federal laws

This release applies even if caused by negligence (but not gross negligence or willful misconduct) of the released parties.

4. DATA SECURITY ACKNOWLEDGMENTS

Guardian acknowledges and agrees:

• No data transmission system can be guaranteed 100% secure

• Released parties implement industry-standard security measures including:

  • AES-256 encryption for data at rest and in transit

  • Multi-factor authentication for system access

  • Regular security audits and penetration testing

• In event of a qualifying data breach (as defined by TX Bus. & Com. Code 521.053), Guardian will be notified within 72 hours of confirmation

5. TERM & TERMINATION

This Agreement shall:

• Remain in effect for the current academic year

• Automatically renew annually unless revoked in writing

• Be immediately void upon:

  • Receipt of written revocation via certified mail to School

  • Legal termination of guardianship

  • Student's withdrawal from District

6. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be:

• Governed by Texas law without regard to conflict principles

• Any disputes resolved through binding arbitration in Comal County, TX

• Subject to venue in Comal County courts if arbitration fails

• Enforceable to the fullest extent permitted by law

7. COMPLETE AGREEMENT

This constitutes the entire agreement between parties regarding the subject matter, superseding all prior understandings. No amendment is valid unless in writing and signed by all parties.

ACCEPTANCE & ACKNOWLEDGMENT

By signing below, Guardian:

1. Certifies they have read and understood this entire Agreement

2. Voluntarily agrees to all terms without coercion

3. Acknowledges they have had opportunity to consult legal counsel

4. Understands they are giving up substantial legal rights