Legal Terms for Barenutrition.com, drinkCHIAVIE.com and RecoveryBrik.com
TESTIMONIAL/NAME AND LIKENESS/SUBMITTED MATERIALS RELEASE
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows:
1. I authorize, give, and grant to Bare Nutrition LLC, their parents, subsidiaries, and affiliated companies, and its respective licensees, successors and assigns (hereinafter collectively referred to as “The Companies”) the right in perpetuity to use, publish, and copyright the Submitted Materials, including any edited or revised versions thereof, as well as my name, voice, image, photograph, performance, and/or likeness and the name, voice, image, photograph, performance, and/or likeness of all persons appearing in the Submitted Materials (collectively, the “Licensed Rights”), in any manner whatsoever, including without limitation, in connection with movie pictures, computer images, and the advertising and promotion of Bare Nutritionor its products or services in any and all media now or hereafter known throughout the world.
2. I agree that the Submitted Materials are owned by Bare Nutrition including the copyright therein.
3. I confirm that the information I have provided and the statements made by me or any persons appearing in the Submitted Materials are true and accurately reflect my opinions and experience with Bare Nutrition or the opinions or experience with Bare Nutrition of the person making the statement.
4. I agree that no material need be submitted to me or to any persons appearing in the submitted materials for any approval and that The Companies, shall be without liability to me or any persons appearing in the submitted materials for any editing or alteration or for any distortion, illusionary, or other effect resulting from the publication or other use of the Submitted Materials.
5. I represent and warrant that I am authorized to sign this release on behalf of all persons appearing in my photograph and have obtained written releases from them in the same form as this Release. I agree to hold harmless, defend, and indemnify The Companies for any losses or liabilities arising out of the use of the Submitted Materials and the Licensed Rights, for any reason including claims or lawsuits based on violations of the right of publicity or the right of privacy or copyright infringement. I represent and warrant that the photograph is my original work and does not violate any law, regulation, or right of any third party, including copyright, trademark, or the rights of publicity or privacy.
6. I warrant and represent that I am 18 years of age or older and that this license does not in any way conflict with any existing commitment on my part. Nothing herein will constitute any obligation of the Companies to make any use of any of the rights set forth herein.
7. I hereby (i) expressly release, discharge and waive all claims, demands, losses and liabilities of any nature which may arise from, and (ii) covenant not to make any claims against the Companies as a result of, any and all loss or physical or emotional injury caused by or occurring as a result of any statements made by any persons made in the Submitted Materials, the use of the Submitted Materials, the creation of the Submitted Materials, or the exploitation of the Licensed Rights by the Companies, whether caused in whole or in part by any activity associated with such performance, the negligence of The Companies, my own negligence, or the negligence of any other person taking part in the production. I understand that I am responsible for any injury or damage that may arise out of my acts or omissions, and I agree to indemnify and hold harmless the Companies in connection therewith.
8. I agree that the Companies will have the right to attribute statements and experiences to me, which are expressions of my personal experience and belief, which are contained in the Submitted Materials, including without limitation, statements regarding my experiences with Bare Nutrition and its products and services.
9. I agree that (a) any and all disputes, claims, and causes of action arising out of the Submitted Materials, the Companies’ use of the Submitted Materials, or this Release, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with my submitting the Submitted Materials, but in no event attorneys’ fees; and (c) under no circumstances will I be permitted to obtain awards for, and I hereby waive, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out -of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ME. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against the party notwithstanding said failure to appear. In no event shall I seek or be entitled to rescission, injunction, or other equitable relief or to enjoin or restrain the operation of the DISCOVERY COVE site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Bare Nutrition site or any content or other materials used or displayed on the site. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN ME AND THE COMPANIES THAT MY WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THIS ARBITRATION AGREEMENT WILL NOT APPLY, AND I AND THE COMPANIES AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OTHER THAN A SMALL CLAIMS COURT.
10. This agreement shall be construed and shall take effect in accordance with United States law without giving any effect to any choice of law or conflict of law rules which would cause application of the laws of any jurisdiction other than the Unted States.
11. This agreement represents the entire understanding between the Companies and me regarding my services and supersedes all prior agreements. No waiver, modification, or addition to this agreement shall be valid unless in writing and signed by the Companies and me. In the event any provision of this agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein.
12. I acknowledge that I have read the terms of this Release and understand the terms contained herein. I understand that the provisions of the Release are legally binding upon me, my heirs, executors, administrators, successors, and assigns.