I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ AND UNDERSTAND THIS MEDIA RELEASE (“AGREEMENT”).
I AM AT LEAST 18 YEARS OF AGE AND COMPETENT TO SIGN THIS AGREEMENT AND ACKNOWLEDGE THAT THIS AGREEMENT SHALL BE BINDING UPON MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS AND MAY BE ASSIGNED BY HEALTH COACH INSTITUTE, LLC. (“HCI” or “HEALTH COACH INSTITUTE”) WITHOUT MY CONSENT.
I UNDERSTAND AND AGREE THAT THIS AGREEMENT IS A CONDITION TO MY PARTICIPATION IN PHOTOGRAPHY AND VIDEO SHOOT (THE “EVENT”), AND ACCORDINGLY I AGREE TO THE FOLLOWING:
1. Media Release. I hereby grant permission to HCI and its, affiliates, representatives, agents, employees and assigns (collectively, the “HCI Group”) the irrevocable and unrestricted world-wide right to use, distribute and reproduce the photographs, video recordings, audio recordings, digital images, drawings, renderings, voices, sounds, or accompanying written descriptions, biographical material, any and all attributes of my personality and appearance, statement and testimonials taken of or provided by me for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium as determined by the HCI Group without notifying me, including but not limited to, websites, products, publications, television, radio, social media, advertisements, posters, presentations, or third party publication (collectively, “Media Materials”). I hereby waive any and all right to any compensation and acknowledge and agree that HCI owns the Media Materials and all rights related to them and I waive any right to inspect or approve of the finished Media Materials or any printed or electronic matters that may be used with the Media Materials. I acknowledge that all right, title, and interest in and to the Media Materials, including without limitation all copyrights and trademark rights, shall be the sole and exclusive property of HCI and that HCI has the unlimited right throughout the universe to edit, modify, and otherwise use such Media Materials.
2. Premises Liability. I understand that the Event is held at facilities that are not owned, managed, or controlled by HCI. I acknowledge that HCI has not inspected the premises, or condition of any fixtures, furnishings, equipment, or products used on the premises. I acknowledge and agree to assume all risks resulting from or connected with any injuries sustained as a result of any apparent or latent defect, conditions of the premises, or condition of the fixtures, furnishings, equipment, or products during the Event.
3. RELEASE OF CLAIMS. I, ON BEHALF OF MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, HEREBY IRREVOCABLY (A) RELEASE, DISCHARGE AND WAIVE ALL CLAIMS, DEMANDS, LOSSES, AND LIABILITIES OF ANY NATURE AGAINST ANY OF THE HCI GROUP THAT I, MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS HAD, NOW HAVE, OR HEREAFTER MAY HAVE, ARISING OUT OF OR CONNECTED WITH THE EVENT, INCLUDING BUT NOT LIMITED TO ANY CLAIM RELATED TO (I) ANY INJURIES (INCLUDING DEATH) SUSTAINED AT THE EVENT OR (II) ANY COPYRIGHT INFRINGEMENT, DEFAMATION, DISPARAGEMENT, SLANDER, FALSE LIGHT, VIOLATION OF THE RIGHT OF PRIVACY OR PUBLICITY, OR THE LIKE OR (V) ANY ADVERSE IMPACT ON MY BUSINESS, AND (B) COVENANT NOT TO MAKE ANY CLAIMS AGAINST ANY OF THE HCI GROUP.
4. Indemnity. You will indemnify and hold each of the HCI Group harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or regulation, or the rights of any third party.
5. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, I AGREE EACH OF THE HCI GROUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR ATTENDANCE AT THE EVENT. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE EVENT, INCLUDING THE EVENT MATERIALS, IS LIMITED TO THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE ACTUAL AMOUNT OF SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. Severability and Waiver. If any provision of this Agreement is held illegal or enenforceable in a judicial proceeding, such provision shall be severed, and the remainder of this Agreement shall remain operative and binding. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Any waiver of any breach of this Agreement shall not operate as a waiver of any subsequent breaches.
7. Interpretation. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. Sections and section headings contained in this Agreement are for reference purposes only and shall not affect in any
manner the meaning of interpretation of this Agreement.
8. Governing Law and Venue. Any claim or dispute arising out of or relating to this Agreement between me and any of the HCI Group shall be governed by the laws of the State of Idaho, without regard to its conflict of law provisions. I agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Boise, Idaho