PERSONAL RELEASE FOR LIFE THAT WINS
Releasor, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grant to Life That Wins and its parents, subsidiaries, agents, affiliates, employees, successors and assigns, including without limitation, Life That Wins (collectively "Publisher"), the perpetual and irrevocable right to use Releasor's name, [photograph, image, likeness, voice] biography, history and written and photographed testimonial and journal of use of the Product as provided in writing or verbally (collectively "Materials") in connection with Publisher's commercial products, websites and advertising and promotional materials in any and all media throughout the world in perpetuity. Such grant also includes the right to make such changes and creative choices as Publisher may decide in its sole discretion including, but not limited to, the right to edit, modify, add to and/or delete portions of the Materials and reproduce, distribute, publish, promote, market, publicly and privately display, [publicly and privately perform, transmit and broadcast] the Materials.
Releasor: (i) agrees not to bring any action or claim against Publisher, or to allow others to bring such an action or claim, based on the Materials or the use of Materials relating to the Releasor as otherwise described above or to terminate or rescind the use of the Materials, and (ii) releases and indemnifies Publisher from any and all such actions or claims which Releasor may have now or in the future.
Releasor shall indemnify, defend (at Publisher's election) and hold harmless Publisher, its partners, officers, director, employees, agents, affiliates, licensees, successors and assigns from any claim, liability, loss or damage, including without limitation reasonable attorneys' fees and disbursements caused by or arising out of any breach or alleged breach of any representation, warranty, covenant or agreement of Releasor or the exhibition of the Materials, pursuant to this agreement. The provisions of this paragraph will survive termination of this Agreement.
Releasor acknowledges the receipt of good and valuable consideration in exchange for the release and other grants and agreements made herein, and understands that Publisher is relying on such grants and agreements in proceeding with the production, distribution, promotion, publicity and exploitation of the Materials and elements thereof as authorized above. Releasor acknowledges that Publisher shall have no obligation to use, distribute or otherwise exploit the materials. |