This release is an agreement and release between the following parties:
§ReIMAGINE Mack Road Foundation
§Grantor: ReImagine Mack Road Volunteer
For any images (photographic or video) taken of the Grantor on the Day of Community Service on April 23, 2016.
1.Grantor hereby irrevocably grants to REIMAGINE MACK ROAD FOUNDATION and its licensees, successors, and assigns (collectively, “REIMAGINE MACK ROAD”) consent and full right to::
a.Interview Grantor and to record or otherwise tape, reproduce, or take notes on such interview or interviews;
b.Record, copy, reproduce, adapt, edit, summarize, copyright, publish, exhibit, distribute, perform, and otherwise exploit throughout the universe in perpetuity the content or product of such interviews and any materials Grantor may make available to REIMAGINE MACK ROAD (in whole or in part, in any and all languages, and with or without credit to Grantor) in any work produced by REIMAGINE MACK ROAD, including books, magazines, articles, or any other publications; and/or in any and all other media now known or hereafter devised, including, without limitation, theatrical, television, motion picture, Internet, and allied media; and in any advertising or publicity in connection therewith; with the unlimited right to reveal fully, quote directly, paraphrase, edit, review, or otherwise make use of the products of such interviews and of such materials; and
c.Describe and portray, in whole or in part, Grantor and/or any episodes or biographical history of Grantor’s life and to use Grantor’s name and any pictures, photographs, or likenesses of Grantor (alone or with others, including members of Grantor’s family) from news sources, given to REIMAGINE MACK ROAD by Grantor, or created or obtained by REIMAGINE MACK ROAD in connection with such interviews.
2.Grantor hereby agrees that Grantor shall have no right (including, without limitation, copyright), title, or interest in or to any REIMAGINE MACK ROAD work or publication or any material included therein pursuant to this Release and that Grantor shall have no claim of any kind or nature whatsoever against REIMAGINE MACK ROAD based on the exercise of any rights granted hereunder. Nothing herein will constitute any obligation on the part of REIMAGINE MACK ROAD to make any use of any of the rights set forth herein.
3.Unless Grantor has received REIMAGINE MACK ROAD’s prior written approval, Grantor shall not issue or authorize the publication of any news story or publicity relating to this Release or REIMAGINE MACK ROAD. Neither Grantor nor any third party controlled or licensed by or otherwise affiliated with Grantor (hereinafter, “Third Party”) shall state or imply any approval, sponsorship, or endorsement by REIMAGINE MACK ROAD of Grantor or Grantor’s activities, nor shall Grantor or any Third Party allow any statement or inference of such approval, sponsorship, or endorsement to continue, whether such approval, sponsorship, or endorsement is stated or implied to derive from REIMAGINE MACK ROAD or to result from REIMAGINE MACK ROAD’s use or exercise of the rights granted by this Release.
4.Grantor represents and warrants to REIMAGINE MACK ROAD that Grantor is free to enter into this Release and that Grantor’s performance hereunder will not conflict with any other agreement or understanding to which Grantor may be a party. In the event of any claims made by third parties, Grantor agrees to defend and indemnify REIMAGINE MACK ROAD and to hold REIMAGINE MACK ROAD harmless from any costs, expenses, and/or losses, including reasonable attorney’s fees and costs, incurred as a result of a breach by Grantor of any representation or warranty made in this Release.
5.Grantor hereby acknowledges and agrees that in the event of any breach or alleged breach by REIMAGINE MACK ROAD of any of its obligations to Grantor, Grantor shall be limited to Grantor’s remedies at law for damages and shall not be entitled to terminate or rescind this Release. This Release shall be binding upon and inure to the benefit of the parties, their successors, heirs, assigns, and legal representatives and shall be governed by and construed in accordance with the laws of the State of Utah, excluding conflict-of-law principles. If any dispute arises out of or relates to this Release, the parties shall use their best efforts to settle such dispute through correspondence, mutual consultation, and other mediating efforts. If the parties are unable to resolve their dispute in this manner, both parties agree to the jurisdiction of the courts in the State of Utah for purposes of any action instituted pursuant to this Release.
In witness whereof:
By electronically agreeing to these terms and conditions, Grantor warrants and represents that he or she has read this Release, understands its contents, and has the legal capacity to execute this Release.