Media Waiver and Release
Erin Kent Consulting, LLC, with offices located at 125 N. Oviatt Street, Hudson, OH 44236 USA (the "Company") desires to use and publicize the name, likeness and other personal characteristics and private information of the individual named above ("I" or "me") as provided to the Company, for advertising, promotion and other commercial and business purposes. In exchange for the intangible value I will gain by participating in the Company's publicity programs and other good and valuable consideration, I give the Company my permission for such use and publicity for such purposes, according to the terms and conditions set forth in this Media Waiver and Release.
I hereby irrevocably permit, authorize and license Company and its affiliates, successors and assignees, and their respective licensees, advertising agencies, promotion agencies and fulfillment agencies, and the employees, officers, directors and agents of each and all of them ("Authorized Persons"), to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use and permit others to use my name, image, likeness, appearance, voice, professional and personal biographical information, signature and all materials created by or on behalf of the Company that incorporate any of the foregoing ("Materials") on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures and other print publications, electronic, magnetic and optical media, television broadcasts, radio broadcasts, display, point-of-sale and other advertising and promotional materials, press releases, the Internet, digital files, audio files, social media, mobile applications, podcasts, and for any purpose, including but not limited to advertising, public relations, publicity, packaging and promotion of the Company and its affiliates and their businesses, products and services. I further acknowledge and agree that I have no right to additional fees, royalties, residuals or other compensation from Company or assignees.
I hereby irrevocably transfer and assign to the Company my entire right, title and interest, if any, in and to the Materials and all copyrights in the Materials arising in any jurisdiction throughout the world, including the right to register and sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by the Company and that the Company has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from the Company's editing, alteration or use of the Materials. The Company has no obligation to use the Materials or to exercise any rights given by this Media Waiver and Release.
I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages and expenses, including but not limited to claims for copyright or trademark infringement, infringement of intellectual property, infringement of moral rights, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims") arising directly or indirectly from the Authorized Persons' exercise of their rights under this Media Waiver and Release. Furthermore, I covenant not to make or bring any such Claim against any Authorized Person and forever release and discharge the Authorized Persons from liability under such Claims.
I represent and warrant to Company that the Authorized Persons’ use of the Materials and the rights and license granted hereunder do not, and will not, violate any right of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from any third party is required in connection herewith. Notwithstanding the foregoing, if I am a minor in my jurisdiction of residence, my parent/legal guardian has completed the “Parental Consent” section below.
This Media Waiver and Release constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Media Waiver and Release is invalid or unenforceable (i) a suitable and equitable provision will be substituted therefore in order to carry out, so far as maybe valid and enforceable, the intent and purpose of such invalid or unenforceable provision; and (ii) all other provisions of the Media Waiver and Release which are not deemed invalid or unenforceable shall continue in full force and effect. This Media Waiver and Release is binding on and shall inure to the benefit of the parties hereto and their respective successors and assignees. This Media Waiver and Release is governed by the laws of the State of Ohio, USA without regard to its conflict of laws provisions. The courts of Akron, Ohio, USA shall have exclusive jurisdiction in any controversy relating to or arising out of this Media Waiver and Release. Each party irrevocably waives any objections to venue in Akron, Ohio, USA.
THIS MEDIA WAIVER AND RELEASE PROVIDES THE COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, ALLOWING THE COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS MEDIA WAIVER AND RELEASE AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.