Scouting Consent and Release Agreement for Minors

(the “Agreement”)

I, the undersigned, am a parent or legal guardian of the child whose name is printed at the bottom of this Agreement (the child whose name is printed at the bottom of this Agreement may hereinafter be referred to as the “Minor”).

This Agreement is between me (on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself) and His Highness Prince Aga Khan Shia Imami Ismaili Council for the USA (the “Council”).

In consideration of the Minor being allowed to participate as a scout in, or serve as a volunteer or a staff member of, one or more troops, packs, and/or other scouting programs or activities affiliated with any of the institutions or organizations of the Ismaili community (the “Programs”) and other good and valuable consideration, I agree on behalf of the Minor, myself, the Minor’s heirs, successors, assigns, and any other persons and entities claiming through or under the Minor or myself, as follows:

1. Following Rules. The Minor will observe, follow, and comply with all of the policies, procedures, expectations, rules, regulations, requirements, restrictions, and guidelines of each of the Programs in which the Minor participates as a scout or serves as a volunteer or a staff member, including but not limited to all applicable rules, regulations, bylaws, training, and other requirements of the Boy Scouts of America or the Girl Scouts of the United States of America.

2. Failure to Follow Rules. A violation of a policy, procedure, expectation, rule, regulation, requirement, restriction, and/or guideline of one or more of the Programs in which the Minor participates as a scout or serves as a volunteer or a staff member, may hereinafter be referred to as a “Violation”. The Minor and I will observe, follow, and comply with all of the consequences that result against the Minor, me, or anyone else (a) as a result of one or more Violations, and/or (b) pursuant to any and all of the policies, procedures, expectations, rules, regulations, requirements, restrictions, and/or guidelines of each of the Programs in which the Minor participates as a scout or serves as a volunteer or a staff member.

3. Institutions. The institutions and organizations of the Ismaili community (including, but not limited to, the Aga Khan Youth & Sports Board for the United States of America, the Aga Khan Youth & Sports Boards for each of the regions within the United States of America, the Aga Khan Social Welfare Board for the United States of America, Social Safety Net, the Aga Khan Social Welfare Boards for each of the regions within the United States of America, the Aga Khan Health Board for the United States of America, the Aga Khan Health Boards for each of the regions within the United States of America, His Highness Prince Aga Khan Shia Imami Ismaili Council for the United States of America, His Highness Prince Aga Khan Shia Imami Ismaili Councils for each of the regions of the United States of America, and other boards and portfolios), the Ismaili Imamat, and the respective decision-makers, founders, principals, organizers, leaders, members, officers, employees, staff, volunteers (including, but not limited to, those volunteers associated with one or more of the Programs), representatives, attorneys, and agents of one or more of the institutions or organizations of the Ismaili community, may each be referred to hereinafter as an “Ismaili Institution” and may be collectively referred to hereinafter as the “Ismaili Institutions”. The Ismaili Institutions, the respective decision-makers, founders, principals, organizers, leaders, directors, members, officers, employees, staff, volunteers (including, but not limited to, those volunteers associated with one or more of the Programs), all other individuals or entities that support, guide and/or enable one or more of the Programs, and the respective decision-makers, founders, principals, organizers, leaders, directors, members, officers, employees, staff, volunteers (including, but not limited to, those volunteers associated with one or more of the Programs), representatives, attorneys, and agents of one or more individuals or entities that support, guide and/or enable one or more of the Programs, may each be referred to hereinafter as an “Institution” and may be collectively referred to hereinafter as the “Institutions”.

4. Photos & Recordings. I, on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself, hereby irrevocably grant to each of the Institutions and each of their legal representatives, licensees, assigns, and affiliates, the absolute and irrevocable right, permission, consent, and license to take photographs, videos, and sound recordings of the Minor and/or his/her belongings or other property (a photograph, video, or sound recording of the Minor and/or his/her belongings or other property, may hereinafter be referred to as a “Media”), during, or otherwise in connection with, (a) any and all of the Programs, and (b) any and all activities connected with any and all of the Programs (including, but not limited to, training and travel associated with one or more of the Programs). I, on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself, also hereby irrevocably grant to each of the Institutions, and each of their legal representatives, licensees, assigns, and affiliates, the absolute and irrevocable right, permission, consent, and license to use, reuse, publish, republish, distribute, and/or modify any and all Media, in whole or in part, individually or in connection with other material, and in any and all media now or hereafter known, and for any legally permissible purpose whatsoever.

5. Participant Conduct. None of the Institutions is responsible at any time whatsoever for any actions, conduct, or behavior of any participant.

6. Participant Protection Policy. The Minor and I understand the Institutions aim to enable a safe scouting environment allowing all scouts, volunteers, and staff members a supportive atmosphere free of intimidation, abuse, and harmful influences.

a)       Bullying. Bullying is the use of a written, verbal, or electronic expression (including through email, text message, social media, etc.), a physical act or gesture, or any combination thereof, that: (i) creates a hostile or uncomfortable environment for the victim; (ii) infringes on the rights of the victim; or (iii) causes the victim to feel like they cannot participate in a scouting activity. Bullying includes cyberbullying, sexual harassment, and any other such behavior. No scout, volunteer, or staff member may engage in the bullying of (a) another scout, volunteer, or staff member (even if the other scout, volunteer, or staff member belongs to a troop, pack, and/or other scouting program or activity that is not affiliated with any of the institutions or organizations of the Ismaili community), nor (b) any other individual whatsoever. In addition, no parent or legal guardian of a scout, volunteer, or staff member may engage in the bullying of a scout, volunteer, or staff member that is not a child, or under the legal guardianship, of the parent or legal guardian.

b)      Drugs, Tobacco, Alcohol, and Weapons. Using, consuming, possessing, buying, selling, and/or dispensing any drug, controlled substance, tobacco, alcohol, or weapon while participating, volunteering, or otherwise serving in a Program is prohibited. Being under the influence of alcohol or any drug while participating, volunteering, or otherwise serving in one or more of the Programs is prohibited. A scout, volunteer, or staff member may not be allowed to participate, volunteer, or otherwise serve in one or more of the Programs while taking a prescribed drug that is adversely affecting his/her ability to behave safely or participate effectively. A scout, volunteer, or staff member taking a prescribed medication while participating, volunteering, or otherwise serving in one or more Programs must carry it in a container labeled by a licensed pharmacist or be prepared to produce the container if asked.

I, on behalf of the Minor, myself, the Minor’s heirs, successors, assigns, and any other persons and entities claiming through or under the Minor or myself, acknowledge and agree that there is zero tolerance for a violation of any of the restrictions and requirements above in a. and b. of this section. Any complaint of a violation of any of those restrictions or requirements may be promptly investigated, and appropriate actions – up to and including removal (from one of more of the Programs) of the scout, volunteer, or staff member complained of – may be taken in the sole and absolute discretion of any of the Institutions.

7. Information on Suspected Violations and Infectious Diseases. I, on behalf of the Minor, myself, the Minor’s heirs, successors, assigns, and any other persons and entities claiming through or under the Minor or myself, hereby irrevocably authorize each of the Institutions to inform one or more other Institutions and/or one or more of the Minor’s family members, and/or involve one or more other Institutions and/or one or more of the Minor’s family members in the reporting and/or investigation, of (a) any and all allegations and/or information in connection with any and all Violations that the Minor may be suspected of committing, (b) any and all contacts and/or exposures that the Minor has with one or more individuals that have or are suspected of having, or that test positive for or are suspected of testing positive for, COVID-19, influenza, tuberculosis, or any other infection or communicable disease that is suspected of spreading through ordinary social interaction, (c) any and all results of any and all medical tests on, or otherwise in connection with, the Minor for COVID-19, influenza, tuberculosis, or any other infection or communicable disease that is suspected of spreading through ordinary social interaction, (d) any and all allegations and/or information about the Minor, or anyone else at/in one or more of the Programs, having or suspected of having, or testing positive for or suspected of testing positive for, COVID-19, influenza, tuberculosis, or any other infection or communicable disease that is suspected of spreading through ordinary social interaction, and (e) any and all concerns that one or more Institutions have with regard to the Minor’s mental health and/or emotional wellbeing, and/or with regard to any social challenges the Minor may be facing. By this authorization, I, on behalf of the Minor, myself, the Minor’s heirs, successors, assigns, and any other persons and entities claiming through or under the Minor or myself, hereby forever RELEASE, DISCHARGE, EXONERATE, HOLD HARMLESS, and INDEMNIFY each of the Institutions from any and all causes of action, liabilities, losses, suits, claims, expenses, damages, and claims, of every nature, including, but not limited to, claims for or related to libel, slander, defamation, invasion of privacy, misuse of information, and any other claims or causes of action, known or unknown, whether based in part or in whole on one or more Institutions’ sole or contributory negligence (even if one or more Institutions’ negligence causes injury or damage jointly and/or concurrently with the Minor’s negligence, with the negligence of one or more other Institutions, or with the negligence of any other person or entity whatsoever) or otherwise, arising in any manner, directly or indirectly, out of or incidental to any and all acts and/or omissions in connection with informing another Institution and/or one or more of the Minor’s family members, and/or involving another Institution and/or one or more of the Minor’s family members in the reporting and/or investigation, of (a) any and all allegations and/or information in connection with any and all Violations that the Minor may be suspected of committing, (b) any and all contacts and/or exposures that the Minor has with one or more individuals that have or are suspected of having, or that test positive for or are suspected of testing positive for, COVID-19, influenza, tuberculosis, or any other infection or communicable disease that is suspected of spreading through ordinary social interaction, (c) any and all results of any and all medical tests on, or otherwise in connection with, the Minor for COVID-19, influenza, tuberculosis, or any other infection or communicable disease that is suspected of spreading through ordinary social interaction, (d) any and all allegations and/or information about the Minor, or anyone else at/in one or more of the Programs, having or suspected of having, or testing positive for or suspected of testing positive for, COVID-19, influenza, tuberculosis, or any other infection or communicable disease that is suspected of spreading through ordinary social interaction, or (e) any and all concerns that one or more Institutions have with regard to the Minor’s mental health and/or emotional wellbeing, and/or with regard to any social challenges the Minor may be facing. The authorizations given in this paragraph permit each of the Institutions to inform one or more other Institutions, and/or involve one or more other Institutions in the reporting and/or investigation, of various kinds of allegations, information, contacts, exposures, results, concerns, and/or matters, without being required or otherwise obligated to inform any other Institution or any of the Minor’s family members, or involve any other Institution and/or any of the Minor’s family members in the reporting and/or investigation, of any one or more of those allegations, information, contacts, exposures, results, concerns, and/or matters.

8. Medical Consent. I, on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself, hereby irrevocably give my consent to any and all medical, hospital, or surgical treatment, as well as treatment by a physician, that the Minor may need; provided, however, nothing contained herein shall be deemed an obligation on any person or entity (including without limitation any of the Institutions) to provide any such medical, hospital, or surgical treatment or any such treatment by a physician. I understand and accept that the cost of all treatment shall be paid by me, except to the extent that the Minor’s health insurance coverage pays for the treatment.

9. Testing. I, on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself, hereby irrevocably give my consent for the Minor to be subject to and submitted to testing by the Council or any of the other Institutions, from time to time and in the sole and absolute discretion of the Council, for Covid-19 and/ or influenza. However, except as otherwise required by applicable law, none of the Institutions shall have any duty, responsibility, or obligation to test the Minor, or another person, for Covid-19 and/ or influenza, and none of the Institutions shall have any duty, responsibility, or obligation to probe, inquire, determine, monitor, supervise, check, or verify whether the Minor, or another person, has Covid-19 or influenza.

10. Mental Health Support. I, on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself, hereby give my consent for the Minor to receive mental health support (whether directly or indirectly, in-person or remotely, for any period of time during and/or after any of the Programs) from any mental health professional available through one or more of the Institutions, regardless of whether the mental health support is provided on a one-time basis, multiple times, or on an ongoing basis. 11. Additional Documents. If Council or any of the other Institutions requires any other forms, documents, or materials signed or submitted by a parent or legal guardian of the Minor for the Minor’s participation (as a scout) or service (as a volunteer or staff member) in one or more of the Programs or otherwise to be permitted to enter the applicable premises for one or more events or activities in connection any of the Programs, I will timely sign and submit all such other forms, documents, or materials so long as they are reasonable and do not require any misrepresentations from me.

12. Termination from Program. Notwithstanding anything to the contrary in this Agreement or in any other literature, materials, or documents in connection with one or more of the Programs, I (on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself) agree that if the Minor is suspected (by one or more of the Institutions) of committing one or more Violations, or if the Minor is determined, in the sole and absolute discretion of one or more of the Institutions, to be ill or physically, emotionally, or mentally unsafe or unstable, or if the Minor’s presence or interaction at/in one or more of the Programs is determined, in the sole and absolute discretion of one or more of the Institutions, to be potentially risky to the health, safety, or welfare of one or more individuals at/in a Program, or if I or another parent or legal guardian of the Minor fails to timely sign or submit any other forms, documents, or materials required by one or more of the Institutions for the Minor’s participation (as a scout) or service (as a volunteer or staff member) in one or more of the Programs or for the Minor to be permitted to enter the applicable premises for one or more of the Programs, (a) I, on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself, hereby irrevocably authorize each of the Institutions to inform one or more of the Minor’s family members all relevant details, (b) one or more of the Institutions may, at its/their sole and absolute discretion, require the Minor (and/or arrange for the Minor’s transportation and travel) to return home (even to another city, state, or country) prior to the Minor’s intended date/time to return home and may, at its/their sole and absolute discretion, terminate the Minor’s participation (as a scout) and/or service (as a volunteer or a staff member) in one or more of the Programs, (c) I will be responsible and liable to pay, or reimburse one or more of the Institutions, for all transportation and other travel costs associated with the Minor’s return home (even to another city, state, or country) prior to the Minor’s intended date/time to return home, (d) one or more of the Institutions may, at its/their sole and absolute discretion, require and/or arrange for the Minor’s to be quarantined or isolated and may, at its/their sole and absolute discretion, suspend or terminate the Minor’s participation (as a scout) and/or service (as a volunteer or a staff member) in one or more of the Programs, and (e) in the event that the Minor is required to return home early, to quarantine, or to isolate, or in the event that the Minor’s participation (as a scout) and/or service (as a volunteer or a staff member) is suspended or terminated in one or more of the Programs, no reimbursement will be given by the Council or any other Institutions for any fees, costs, or expenses (including, but not limited to, fees, costs, or expenses paid or payable to any third party) that will by then have been paid, charged, or billed (whether for attendance or participation in one or more of the Programs from which the Minor’s participation as a scout and/or service as a volunteer or a staff member are terminated, for any travel, lodging, or transportation to, from, or otherwise in connection with one or more of the Programs, or otherwise). Notwithstanding anything to the contrary in this Agreement or in any material or information provided by or on behalf of any of the Institutions, none of the Institutions shall have any duty, responsibility, or obligation to probe, inquire, determine, monitor, supervise, test, check, or verify whether the Minor, or another person is, ill or physically, emotionally, or mentally unsafe or unstable nor whether the Minor’s presence, or the presence of another person, at/in a Program is potentially risky to the health, safety, or welfare of one or more individuals at/in one or more of the Programs.

13. Cancellation of Program. In the event that one or more of the Programs are cancelled due to any reason that is not based in bad faith, no reimbursement will be given by the Council or any other Institutions for any fees, costs, or expenses paid or payable to any third party (including, but not limited to, fees, costs, or expenses for any travel, lodging, or transportation to, from, or otherwise in connection with one or more of the Programs). In addition, in the event that one or more of the Programs are cancelled due to any reason that is not based in bad faith, neither I nor any other payor of/for the Minor may be entitled to a refund, reimbursement, or recovery of any fees, costs, or expenses that will by then have been paid or incurred for, or toward, the cancelled Program.

14. Withdrawal or Removal from Program. In the event that the Minor withdraws, or any of his/her family members or legal guardians withdraws the Minor, from one or more of the Programs for any reason whatsoever (whether prior to the commencement of a Program, or otherwise) or in the event that I am removed from one or more of the Programs as a result of one or more Violations, no reimbursement will be given by the Council or any other Institutions for any fees, costs, or expenses (including, but not limited to, fees, costs, or expenses paid or payable to any third party) that will by then have been paid, charged, or billed (whether for attendance or participation in one or more of the Programs from which the Minor’s participation as a scout and/or service as a volunteer or a staff member is withdrawn or removed, whether for any travel, lodging, or transportation to, from, or otherwise in connection with one or more of the Programs, or otherwise).

15. Additional Release of Liability. I, on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself, agree to RELEASE, DISCHARGE, EXONERATE, INDEMNIFY, and HOLD HARMLESS each of the Institutions from and against any and all losses, claims, damages, causes of action, liabilities, suits, costs, and expenses of every nature whatsoever, known or unknown, involving the Minor, any of his/her legal guardians or family members, or the Minor’s estate as a party, potential party, third-party, or potential third-party, whether based in part or in whole on one or more Institutions’ sole or contributory negligence or otherwise (even if one or more Institutions’ negligence causes injury or damage jointly and/or concurrently with the Minor’s negligence, with the negligence of one or more other Institutions, or with the negligence of any other person or entity whatsoever), arising in any manner, directly or indirectly, out of or incidental to any and all acts, omissions, rules, regulations, policies, procedures, expectations, requirements, restrictions, and/or guidelines with regard to, or otherwise in connection with, (i) participation, volunteering or other service, of any type in any events or activities as part of one or more Programs, including but not limited to physical activities such as sports, hiking, camping, climbing, cycling, archery, swimming, or boating (e.g., kayaking, canoeing, sailing, rowing, rafting), or other activities (including but not limited to learning activities, classes, tutorials, tours, field trips, arts and crafts, fundraising, and volunteering), (ii) travel or transportation which participation (as a scout) and/or service (as a volunteer or a staff member) in one or more Programs may involve, (iii) travel or transportation to or from any areas in which an event or activity in connection with one or more Programs, or any areas in which any scouting-related event or activity whatsoever, is taking place, (iv) travel or transportation to or from any events or activities in connection with one or more Programs, or to or from any scouting-related events or activities whatsoever, (v) lodging, food, or accommodations at, or on the way to or from, any events or activities in connection with one or more Programs or at, or on the way to or from, any scouting-related events or activities whatsoever, (vi) training of, for, or delivered to any participant, volunteer, and/or staff, (vii) one or more communications, relationships, and/or contacts between the Minor and one or more of the Institutions, participants, volunteers, and/or staff, (viii) internet security in the course of the submission, receipt, or viewing of any application, content, material , or live stream that occurs at one or more scouting-related events or activities or that is part of, or a prerequisite of, one or more scouting-related events or activities, (ix) one or more Institutions’ storage of, attempt to protect, or attempt to keep confidential any data, (x) the storage and/or transportation of any valuables or any other property, (xi) the performance or failure of any and all inspections, investigations, or background checks, if any, of one or more participants, volunteers, and/or staff members, (xii) the assignment of one or more staff members and/or volunteers to one or more participants, and/or the assignment of one or more participants to one or more staff members and/or volunteers, (xiii) the condition, operation, reliability, performance, history, safety, ownership, title, maintenance, quality, or failure of one or more vehicles used to transport any participants, volunteers, and/or staff to or from one or more Programs, to or from any events or activities in connection with one or more Programs, to or from any scouting-related events or activities whatsoever, or within an area in which one or more scouting-related events or activities whatsoever are taking place, (xiv) the condition, operation, reliability, performance, history, safety, ownership, title, maintenance, quality, or failure of one or more devices, appliances, equipment, instruments, or tools (whether belonging to any of the Institutions or otherwise) in any events or activities in connection with one or more Programs, or in any scouting-related events or activities whatsoever, (xv) the adequacy of, sufficiency of, deficiency of, or lack of any security, security protocols, and/or safety protocols at one or more Programs, (xvi) the adequacy of, sufficiency of, deficiency of, or lack of any security, security protocols, and/or safety protocols at, on the way to, or on the way from one or more events or activities in connection with one or more Programs or any scouting-related events or activities whatsoever, (xvii) one or more hazardous conditions or attractive nuisances on the land, or within any buildings or other improvements, where one or more of the Programs take place, (xviii) one or more hazardous conditions or attractive nuisances on the land, or within any buildings or other improvements, where one or more events or activities in connection with one or more Programs, or one or more scouting-related events or activities whatsoever, take place, (xix) damage to property or person, including personal injury or death, (xx) any and all contacts and/or exposures that the Minor has with one or more individuals that have or are suspected of having, or that test positive for or are suspected of testing positive for, COVID-19, influenza, tuberculosis, or any other infection or communicable disease that is suspected of spreading through ordinary social interaction, (xxi) the Minor’s contraction of COVID-19, influenza, tuberculosis, or any other infection or communicable disease that is suspected of spreading through ordinary social interaction, (xxii) one or more misrepresentations within, and/or breaches of, this Agreement, or (xxiii) otherwise in connection with one or more of the Programs. I, on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself, further covenant not to pursue against one or more Institutions any losses, claims, damages, causes of action, liabilities, suits, costs, and expenses as described in this section. I, ON BEHALF OF THE MINOR, MYSELF, THE MINOR’S HEIRS, SUCCESSORS, AND ASSIGNS, AND ANY OTHER PERSONS AND ENTITIES CLAIMING THROUGH OR UNDER THE MINOR OR MYSELF, HAVE READ AND VOLUNTARILY SIGN THIS CONSENT & RELEASE AGREEMENT AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

16. Legal Authority. I hereby represent and warrant to each of the Institutions that I have the legal capacity and the legal authority, as follows:

a.       to enter into this Agreement on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself;

b.       to make all representations and warranties herein on behalf of the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself; and

c.       to bind the Minor, myself, the Minor’s heirs, successors, and assigns, and any other persons and entities claiming through or under the Minor or myself, to each and every promise, covenant, agreement, representation, warranty, and other matter within this Agreement.

17. Miscellaneous.

a)       This Agreement benefits the parties hereto and may be enforceable by the parties hereto. Furthermore, this Agreement is also intended to benefit each of the Institutions, who may enforce the terms of this Agreement.

b)      The delay or failure of any or all of the Institutions to insist at any time upon the strict performance of any policy, procedure, rule, regulation, expectation, requirement, restriction, guideline, covenant or agreement or to exercise any option, right, power, or remedy arising out of this Agreement or otherwise, is not to be construed as a waiver or relinquishment of the policy, procedure, rule, regulation, expectation, requirement, restriction, guideline, covenant or agreement, nor of the option, right, power, or remedy belonging to one or more of the Institutions.

c)       In the event of any controversy or claim that arises out of or relates to one or more of the Programs or this Agreement, the controversy or claim shall be submitted for, and attempted in good faith to be resolved through, mediation before any legal or arbitral proceedings. However, upon the earlier of a mediator or mediation organization declaring an impasse in the mediation or the expiration of one-hundred eighty (180) days from the date the controversy or claim is first submitted to a mediator or a mediation organization, the controversy or claim shall be submitted to final and binding arbitration administered by the American Arbitration Association.

d)      The provisions (whether in the form of consents, authorizations, releases, agreements, or otherwise) of this Agreement should be construed as valid, legal, and enforceable to the greatest extent allowed by law. In the event that any of the provisions of this Agreement, or the application hereof to any individual or circumstance, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under present or future laws, this Agreement shall be fully severable from the invalid, illegal, or unenforceable provisions and this Agreement shall then be construed and enforced as if the invalid, illegal, or unenforceable provisions had not been contained in this Agreement; and in such event, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provisions or by their severance from this Agreement. Furthermore, in lieu of any illegal, invalid, or unenforceable provisions, there shall be added automatically as part of this Agreement provisions that are legal, valid, and enforceable but as similar in terms to such illegal, invalid, or unenforceable provisions as may be possible.

e)       The captions and headings in this Agreement are inserted solely for convenience of reference only and do not define, describe or limit the scope or intent of this Agreement or any provision hereof.