I hereby grant One Planet Thriving, LLC and/or its agents, affiliates, representatives, successors, and assignees (“Released Party”) a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from my written or video testimonial (including the use of my name, image, voice, and likeness) in any and all media or formats for advertising and marketing or any other lawful purposes.
I hereby agree that Released Party may edit my testimonial and use the edited testimonial or a partial version of my testimonial.
I hereby waive the right to inspect, modify, or approve of the finished product wherein my testimonial will appear.
I understand that any and all materials created by Released Party which incorporate my testimonial are the proprietary property of Released Party and are protected by United States intellectual property rights.
I warrant that my testimonial is given voluntarily of my own free will.
I understand that I will not receive any monetary compensation in exchange for my testimonial.
I warrant that my testimonial reflects my personal experience with Released Party’s product and/or service and is true and accurate.
I warrant that I have the right and power to execute this Release.
This Release expresses the full and complete understanding of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter hereof.
Modifying the Release
This Release may be amended only in a writing signed by both parties.
Waivers and Indemnification
I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, 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, violation of rights of publicity, or any similar claim or cause of action in tort, contract, or any other legal theory, now or hereafter known in any jurisdiction throughout the world (collectively, “Claims“) arising directly or indirectly from the Released Party’s exercise of its rights under this Release.
I agree to defend, indemnify, and hold Released Party harmless from and against any and all Claims by third parties resulting from my breach of this Release or any of the foregoing representations and warranties.
No failure to exercise and no delay in exercising any right, remedy, or power under this Release shall operate as a waiver thereof.
Severability in Event of Partial Invalidity
If any provision of this Release is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Release will be severable and remain in effect.
If a dispute arises under this Release, any party may take the matter through arbitration under the Commercial Arbitration Rules of the American Arbitration Association in the county of Dane County, WI. Arbitrability disputes will be submitted to the arbitrator. A complete copy of the rules is available on the website of the American Arbitration Association, www.adr.org. By signing this Release, you agree to arbitrate disputes under the referenced rules and waive the right to appeal and to a Court or jury trial.
The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof.
I WARRANT THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE TO THEM.