Thanks for visiting OFFSITE! OFFSITE LLC desires to use and publicize the likeness, and other personal characteristics of the individual named below (“I” or “me”) for advertising, promotion and other commercial and business purposes. By approving of our Image Release, I give OFFSITE LLC (“OFFSITE”) my permission for such use and publicity, according to the terms and conditions set forth in this Image Release Agreement (the “Agreement”).
I hereby irrevocably permit, authorize and license OFFSITE, and by extension OFFSITE’S Client (the “Client”), their respective parents, affiliates, successors and assigns and their respective licensees, advertising agencies, promotion agencies and fulfillment agencies, and the employees, officers, directors, partners, managers, designees and agents of each and all of them (the “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 or permit others to use my, image, likeness, appearance, voice and other personal characteristics, and all materials created by or on behalf of OFFSITE in connection with the Program that incorporate any of the foregoing (“Materials”) on a perpetual basis in any medium or format throughout the world, whether now existing or hereafter created, including but not limited to print, broadcast, internet and digital media, including social media, display, point-of-sale and other advertising and promotional materials, and public relations materials, and for any purpose, including but not limited to, advertising, public relations, promotion, packaging, publicity and trade of OFFSITE, the Client and their respective parents, affiliates, successors and assigns, and their businesses, products and services, without further consent from or royalty or other compensation to me.
I hereby irrevocably transfer and assign to OFFSITE, and by extension the Client, 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 OFFSITE, and that OFFSITE has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from OFFSITE’s editing, alteration or use of the Materials. OFFSITE has no obligation to use the Materials or to exercise any rights given by this Agreement.
To the fullest extent permitted by applicable law, I, on behalf of myself, my personal representatives, family members, heirs, next of kin, executors, administrators, beneficiaries and assigns (the “Releasing Parties”), 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 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 ("Claims") arising directly or indirectly from the Authorized Persons' exercise of their rights under this Agreement and the use and exploitation of the Materials, and whether resulting in whole or in part by the negligence of OFFSITE or any other person, 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 OFFSITE that:
(i) I am twenty-five (25) years of age or older and have every right to contract in my own name in execution of this Release;
(ii) 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.
I understand that the Client as well as their respective parents and affiliates, successors and assigns, is a third-party beneficiary of this Agreement with rights and permissions as well as rights of enforcement against and indemnification from OFFSITE.
This Agreement 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 Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement shall remain effective throughout the world, in perpetuity.
THIS AGREEMENT PROVIDES OFFSITE WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, ALLOWING OFFSITE, AND BY EXTENSION THE CLIENT, TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR LIKENESS AND OTHER PERSONAL CHARACTERISTICS AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OFFSITE AND AUTHORIZED PERSONS.