This Appearance Release (the “Release”), dated as of July 6, 2020 (the “Effective Date”) is by and between the Committee to Elect Chris Florquist President, a Political Committee under IRC § 527 with offices located in Los Angeles, CA (the “Committee”), and the individual named below (“I,” “me,” or “Participant”) in connection with the Committee’s community webinars (the “Webinar”). The Committee and Participant agree as follows:
In consideration for being permitted to participate in the Webinar, the receipt and sufficiency of which I hereby acknowledge, I irrevocably give the Committee my permission, and grant to the Committee the right, to film, record, transcribe, and photograph me (the “Recording”). I agree that the Committee will exclusively and irrevocably own the Recording. I understand and agree that I am not entitled to receive any payment or other compensation from the Committee for my appearance. I receive personal satisfaction from the opportunity to have the Committee broadcast or otherwise distribute the Recording, which, without limitation, constitutes good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.
I hereby irrevocably permit, authorize, grant, and license to the Committee and its licensees, agents, and assigns (“Authorized Persons”) the rights to digitize, modify, edit, transcribe, create derivative webinars, display, exhibit, broadcast, reproduce, exploit, sell, rent, license, otherwise use and distribute, and permit others to use and distribute, the Recording and the Webinar, including my name, comments/questions, image, likeness, appearance, voice, and any other personal information that I volunteer during the Webinar as they appear in the Recording, in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created, including but not limited to, internet streaming and downloading, websites, other digital transmission or delivery methods, mobile applications, television broadcast, cablecast, and satellite, home video, video on demand, radio, and print publications, on any platform, including but not limited to televisions, computers, and mobile devices, without further consent from or any royalty, payment, or other compensation to me. You acknowledge that a Recording may be transcribed in real-time and/or at a later date, in accordance with how comments appear in the Recording. As such, while we will do our best, we cannot guarantee that all comments will be transcribed accurately or properly assigned to the correct speaker.
Further, I hereby irrevocably permit, authorize, and license the Committee, the Authorized Persons, and other platforms to identify me by name, and use and distribute my name, likeness, appearance, voice, comments/questions, professional and personal biographical information, other personal characteristics, and all materials created by or on behalf of the Committee that incorporate any of the foregoing (“Materials”), in connection with the Webinar and advertising and promotion of the Webinar as well as advertising, publicity, and promotion of the Committee (including its candidate, Chris Florquist), in perpetuity throughout the universe and in any medium or format whatsoever whether now existing or hereafter created, including but not limited to, internet streaming and downloading, websites, other digital transmission or delivery methods, mobile applications, television broadcast, cablecast, and satellite, home video, video on demand, radio, and print publications, on any platform, including but not limited to televisions, computers, and mobile devices, without further consent from, or any royalty, payment, or other compensation to me.
The Committee has no obligation to use the Recording or any Materials, or create, produce, advertise, or promote the Webinar or the Materials, or include the Recording in the Webinar, or to exercise any rights granted under this Release. I acknowledge and agree that I have no right to review or approve the Webinar, the Recording, or the Materials before they are used by the Committee or at any other time, and that the Committee has no liability to me for any editing or alteration of the Webinar, the Recording, or the Materials, or for any distortion or other effects resulting from the Committee’s editing, alteration, or use of the Webinar, the Recording, or the Materials, or the Committee’s presentation of me. Any acknowledgment or credit of me in connection with the Webinar or the Materials, if any, shall be determined by the Committee in the Committee’s sole discretion.
I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, 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 but not limited to 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 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 Release or the production, exhibition, advertising, promotion, exploitation, or other use of the Webinar, the Recording, and/or the Materials, and whether resulting in whole or in part by the negligence of the Committee or any other person, covenant not to make or bring any such Claim 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 the Committee is relying on this Release and will incur significant expense in reliance on this Release, and I agree that this Release cannot be terminated, rescinded, or modified, in whole or in part. I waive my right to injunctive and other equitable relief in the event of a dispute with the Committee. I will not have the right to enjoin or interfere with the production, distribution, exploitation, advertising, or promotion of the Recording, the Materials, or the Webinar.
I agree to defend, indemnify, and hold harmless the Authorized Persons from and against all Claims by third parties resulting from my breach or alleged breach of this Release or any of the foregoing representations and warranties.
I represent and warrant to the Committee that I am at least eighteen (18) years of age, and I have full right, power, and authority to enter into this Release and grant the rights granted hereunder.
This Release constitutes the sole and entire agreement of the parties to this Release regarding the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. The Committee may assign this Release and its rights and obligations hereunder, in whole or in part, to any party. This Release shall be binding on and shall inure to my benefit and the benefit of the Committee and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.
All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California, USA and will be governed by and interpreted under California law, regardless of where I live. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Release shall be subject to arbitration in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by an arbitrator(s) appointed in accordance with such Rules and I hereby irrevocably consent to the exclusive jurisdiction of such tribunal. The arbitration shall take place in Los Angeles, CA and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Release shall be entitled to costs and attorneys’ fees. Notwithstanding any rules of the JAMS to the contrary, any claims shall be adjudicated on an individual basis only, and I WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO.
THIS RELEASE PROVIDES THE COMMITTEE WITH MY UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING THE COMMITTEE TO PUBLICIZE AND COMMERCIALLY EXPLOIT MY NAME, COMMENTS, VOICE RECORDINGS, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS.