Photo/Video Release Waiver
For valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, I (parent/legal guardian if participant
is a minor in his/her state of residence) hereby forever grant to Active Network, LLC, its agents, affiliates, successors, assigns, licensees,
advertising agencies, and all persons or corporations acting with its permission (collectively, “Active”), a fully-paid up, royalty-free,
exclusive, irrevocable, and unrestricted right and license to use, re-use, publish and re-publish, , in whole or in part, my performance,
likeness, voice, picture, portrait, photograph, sound and/or voice recording, biographical materials, activities, and similar characteristics,
and any ancillary or derivative materials thereof, including the negatives, transparencies, prints, film, video, tapes, digital or other
information pertaining to them (collectively “Materials”) in all forms of media now or hereafter known and in all manner, including electronic
media, in still, single, multiple, moving or video format, in whole or part and/or composite representations (collectively “Media”), throughout
the world and universe for advertising, promotion, trade, or any other lawful purposes, All Materials are the exclusive property of Active,
and Active may, among other things, register and obtain copyright and/or other intellectual property protection for such Materials on behalf
Active’s rights include, without limitation, the right to combine my likeness with others and to alter my likeness, by digital means or
otherwise, for the purposes set forth herein.
I (parent/legal guardian if participant is a minor in his/her state of residence) hereby irrevocably assign and transfer to Active any right, title
or interest I may have in such Materials or Media, in any modifications or derivatives thereof, and in any intellectual property rights related
thereto. I (parent/legal guardian if participant is a minor in his/her state of residence) also waive any right to assert any moral rights
against Active or any third party with respect to the Materials or Media. I (parent/legal guardian if participant is a minor in his/her state of
residence) agree that I am not entitled to any compensation or any other thing for Active’s use or disposition of the Materials or Media.
Upon Active’s request, I (parent/legal guardian if participant is a minor in his/her state of residence) will execute such documents and
perform such acts as are necessary for Active to obtain trademark, copyright or other intellectual property registration or protection for the
Materials and Media, and further agree to cooperate with Active in the enforcement of its rights to the Materials and Media. I (parent/legal
guardian if participant is a minor in his/her state of residence) hereby release Active from any and all liability arising from or related to the
development, production, distribution, sale, license, use or other disposition of the Materials or Media.
I (parent/legal guardian if participant is a minor in his/her state of residence) hereby release and discharge Active and any of its affiliates,
and their respective employees, agents, licensees, successors and assigns from any and all claims, demands or causes of actions that I
have or may have in the future for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or trademark, or
violation of any other right arising out of or relating to any utilization of the rights granted hereunder.
I (parent/legal guardian if participant is a minor in his/her state of residence) represent and warrant that I possess all rights necessary for
the grant of the rights and licenses set forth herein, and will indemnify and hold Active harmless from and against any and all claims,
damages, liabilities, costs and expenses arising out of a breach of the foregoing warranty.
I (parent/legal guardian if participant is a minor in his/her state of residence) have not committed or omitted to perform any act by which
such licenses and rights could or will be encumbered, diminished or impaired. I (parent/legal guardian if participant is a minor in his/her
state of residence) further represent and warrant that I have not and will not attempt to encumber, diminish or impair any of the licenses or
rights granted herein and that all appropriate protection of such licenses and rights will continue to be maintained by me.
I waive any right to inspect or approve the finished product, including written copy that may be created or included in connection with my
likeness or the use to which it may be applied.
To the extent I participated in a photography session and/or film or video production in connection herewith, I agree that it was conducted in a proper and professional manner, and this release was willingly signed.
I affirm that I (parent/legal guardian if participant is a minor in his/her state of residence must sign below) have the full right and authority
to sign and enter into this agreement without breach of any prior agreement or applicable law, including but not limited to prior
agreements with modeling or talent agencies or any other person, company or entity.
This agreement shall be governed in accordance with Texas law, may be amended only in writing, and constitutes my entire agreement
with Active with respect to its subject matter. I hereby irrevocably submit to the jurisdiction of the state and federal courts located in
Dallas, Texas for any action or proceeding regarding this agreement, and I hereby waive any right to object to the jurisdiction or venue of
the courts in Dallas, Texas.
I have read this agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I
(parent/legal guardian if participant is a minor in his/her state of residence) acknowledge that I am signing this agreement freely and
voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
This agreement shall be binding upon me and my heirs, legal representatives and assigns.
If any provision of this agreement is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (i) the
validity, legality, and enforceability of the remaining provisions of this agreement (including without limitation, all portions of any provisions
containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby,
and (ii) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates
the intent and economic effect of the unenforceable provision and this agreement shall be deemed amended accordingly.
By checking the Photo Release box, clicking the Submit button, and providing my email address, I understand and agree to the terms above. I understand that this will serve as my electronic signature.