FYI: This event will be video taped
RELEASE AND AUTHORIZATION TO RECORD AND USE VOICE AND/OR LIKENESS
Participant Agrees To Being Filmed and Releases All Rights and Provides Royalty Fee Use of Image, Voice, and Likeness of Participants That May Be Captured At Event.
Notice: This Event Will Be Filmed and May Also Go Out Live on Facebook or Other Social Media.
Participants Achnolwledge This Will Take Place, and Provide Their Release to David Dodson For The Royalty Free Use of Their Voice and Likness As They May Be Captured On The Video, Recording, or Social Media.
The event will be filmed and participants will agree to the recording of the event and any testimonials, questions, or participation which may be captured can and will be used for promotion or other programs. Participants agree to give thier rigth to use royalty free use of any way in which they may be captured on this recording, voice, image, etc...
This Release and Authorization (the “Release”) is entered into as of March, 31 2017, by participants in The Happiest Entrepreneur the “Releasor” in favor of The Company (David Dodson, dba The Happiest Entrepreneur, MBA in Happpiness, The E Promise) represent the “Parties” agree to:
The Parties waive consideration between the Company to the Releasor, the receipt and sufficiency of which is hereby acknowledged and without any further consideration due from the Company or any third party to the Releasor, the Releasor agrees to as follows:
The Releasor agrees to participate in today’s event, The Happiest Entrepreneur! and may be captured, in certain photographs, video recordings, audio recordings, and/or other means of recording images and/or sound as arranged by the Company (the “Recordings”). The Releasor agrees that the Company (or its designee) has permission to record his/her voice, sounds, conversation, image, and likeness in the Recordings to use in promotion of the Company’s programs and events.
The Releasor hereby grants to the Company, its affiliates, agents, successors, licensees, and assigns (collectively with Company, the “Company Affiliates”) a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of his/her likeness and/or voice in the Recordings (alone or in connection with others and in and in connection with any media, now known or hereafter created) throughout the universe in and in connection with or relation to the development, marketing, advertisement, licensing, sale, distribution, and promotion of any events, products, merchandise, services, or brands of the Company Affiliates. The Company Affiliates shall have all right, title, and interest to any other right, title, or interest the Releasor may possess in the Recordings including, but not limited to, the Releasor’s likeness, voice, copyrights, persona, character, image, characterization, logos, slogans, catch phrases, art, and physical attributes including, but not limited to, body art and tattoos (collectively, the “Likeness”). The Recordings shall be the sole and exclusive property of the Company. The Company shall be the sole and exclusive owner of all the rights, results, and proceeds of the Recordings, in each case, of every kind or nature, whether now known or hereafter devised. Without reservation or limitation, the Releasor hereby sells, assigns, transfers, and conveys the Recordings to the Company, exclusively, irrevocably, and perpetually, together with all right, title, and interest in and to the Recordings throughout the world including, without limitation, the right to enforce its right in and to secure registrations, renewals, reissues, and extensions thereof. The Releasor agrees that the Company Affiliates shall have the right to transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the Likeness worldwide in all forms of media and forms of exploitation, now known or hereafter created including, but not limited to, websites, film, television, radio, and print. The Releasor agrees it will have no right to approve any use of the Likeness in the Recordings or otherwise. The Releasor agrees that no third party has or shall have any right of approval over the use of the Likeness or will be due any amounts from the use of the Likeness.
The Releasor hereby releases the Company Affiliates from any and all claims and demands that the Releasor may have now or at any time arising from this Release or the use of the Likeness or Recordings, including but not limited to, claims for personal injury, invasion of privacy, defamation, libel, right of publicity, infliction of emotional distress, or additional payment.
4. NO OBLIGATION TO USE.
The Company shall have no obligation to use the Recordings or the Likeness. The Company’s sole obligation to the Releasor is to pay the Payment set forth above to the Releasor, which the Releasor confirms has been paid by the Company and received by the Releasor.
5. RELEASOR’S REPRESENTATIONS AND WARRANTIES.
The Releasor hereby represents and warrants that:
(a) s/he is, at the execution of this Release, at least eighteen (18) years old and not a minor;
(b) s/he has the full right and legal capacity to enter into this Release and to grant the rights granted or agreed to be granted hereunder;
(c) the identifying information of the Releasor set forth above is true and correct;
(d) s/he has entered into this Release freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Release; and
(e) s/he has read and understands this Release.
6. ENTIRE AGREEMENT.
This Release constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.
This Release is personal to the Releasor and may not be assigned by the Releasor. The Company shall have the right to assign, sublicense, sell, or pass-through any rights contained herein or this Release to a third party without approval from the Releasor.
This Release may be supplemented, amended, or modified only by the mutual agreement of the Parties, which agreement must be in writing and signed by both Parties.
9. GOVERNING LAW.
This Release shall be governed by the laws of the state ofCalifornia. If litigation results from or arises out of this Release or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled.
Whenever possible, each provision of this Release will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Release is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Release will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
Headings used in this Release are provided for convenience only and shall not be used to construe meaning or intent.