The Desert Dose LLC, a Colorado limited liability company (the "Company"), desires to photograph and use the likeness, and name of the individual named below ("I" or "me").
In exchange for my participation in the activity (the “Activity”), provided by the Company and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I irrevocably grant Company my permission and the right to photograph me, and to use any and all photographic or other images taken of me during the Activity (collectively, the "Images") according to the terms and conditions set forth in this Model Release and Consent Agreement ("Agreement").
I hereby irrevocably permit, authorize, and license Company and its affiliates, legal representatives, successors, licensees, agents, assigns, and those acting on Company's behalf ("Authorized Persons") to use, re-use, publish, and re-publish the Images, either separately or together and either in whole or in part, and my own name, provided such use of my own name shall be limited to identifying me as the subject thereof, and shall not extend to the endorsement of any commercial product or service, and all materials created by or on behalf of the Authorized Persons that incorporate any of the foregoing ("Materials") for any purpose whatsoever including advertising, promotion, and other commercial and business purposes connection with Company and its affiliates and their businesses, products, and services in perpetuity throughout and in any medium, format, or platform now existing or hereafter created without further consent from or any royalty, payment, or other compensation to me. I acknowledge and agree that the Images may be altered or modified without any restrictions.
Company is and shall be the exclusive owner of all rights in the Images and Materials. I hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the Images and Materials and all copyrights and other intellectual property rights in the Images and Materials arising in any jurisdiction throughout the world in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such rights against infringers.
Company has no obligation to use the Images or to exercise any rights granted under this Agreement. I acknowledge and agree that I have no right to review or approve the Images or the Materials. Acknowledgment or credit of me in connection with the Images or the Materials, if any, shall be determined by Company in Company's sole discretion.
To the fullest extent permitted by applicable law, 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 moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, 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 Agreement or the production, exhibition, advertising, promotion, exploitation, or other use of the Images, and whether resulting in whole or in part from the negligence of Company or any other person, covenant not to make or bring any such Claims against any Authorized Persons and their agents, employees, and representatives, and forever release and discharge the Authorized Persons from liability under such Claims. I understand that Company is relying on this Agreement and will incur significant expense in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.
I represent and warrant to Company that I am at least eighteen (18) years of age and that I have full right, power, and authority to enter into this Agreement and grant the rights granted hereunder.
This Agreement constitutes the sole and entire agreement of the parties to this Agreement regarding the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. The Company may assign this Agreement and its rights and obligations hereunder, in whole or in part, to any party. This Agreement shall be binding on and shall inure to my benefit and the benefit of Company and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Mesa County, Colorado, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
THIS AGREEMENT PROVIDES COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING COMPANY TO PUBLICIZE, COMMERCIALLY EXPLOIT, AND OTHERWISE USE YOUR LIKENESS, AND NAME AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY.