Publicity Waiver and Release
This Publicity Waiver and Release (“Release”) is entered into by the owner and operator of the website and podcast Funny Problems “funnyproblems.com” (“Company”) and the below named party (“Individual”).
Company is based on an online advice column that desires to use and publicize the names, images, likeness and appearances, recorded voices, professional and personal biographical information, and other personal characteristics (collectively, the “Personal Characteristics”) of certain individuals who volunteer personal information, images and stories (the “Personal Information”) for publication, broadcasting, advertising, promotion and other commercial and business purposes of the Company (collectively, the “Publicity Programs”).
Individual desires to share his/her Personal Information with Company so that Company may use his/her Personal Information and Personal Characteristics in its Publicity Programs.
Company desires to receive Individual’s Personal Information and to use Individual’s Personal Information and Personal Characteristics in its Publicity Programs.
In exchange for the intangible value Individual will gain by participating in Company’s Publicity Programs, and other good and valuable consideration, the parties agree as follows:
License of Materials. Individual hereby irrevocably permits, authorizes and licenses the Company and its affiliates, successors and assigns, and their respective licensees, advertising agencies, promotion agencies and fulfillment agencies, and the employees, officers, directors and agents of each and all of them (collectively, the ”Authorized Persons”), to display, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, sell, rent, license, otherwise use and permit others to use his/her Personal Information and his/her Personal Characteristics and all materials created by or on behalf of the Company that incorporate any of the foregoing (the “Materials”) on a perpetual basis throughout any foreign or domestic jurisdiction and in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on books, magazines, brochures and other print publications, as well as, electronic, magnetic and optical media, television broadcasts, podcasts, radio broadcasts, display, point-of-sale and other advertising and promotional materials, press releases published in any media outlet, the internet, and for any purpose, including but not limited to publication of a book without further consent, payment or other compensation. Notwithstanding anything contained in this Paragraph 1, Company has no obligation to use the Materials or to exercise any rights given by this Agreement.
Transfer of Rights in Materials. Individual hereby irrevocably transfers and assigns to Company his/her entire right, title and interest, if any, in and to the Materials and all copyrights in the Materials arising in any jurisdiction foreign or domestic, including the right to register and sue to enforce such copyrights against infringers.
No Right to Review. Individual acknowledges and agrees that he/she has no right to review or approve Materials before they are used by Company, and that Company has no liability to Individual for any editing or alteration of the Materials or for any distortion or other effects resulting from Company’s editing, alteration or use of the Materials.
Sole Owner of Other Personal Information. Individual is and shall remain the sole and exclusive owner of all right, title and interest in and to any photographs and personal documents not included in the Personal Information and all Intellectual Property therein.
Waiver of Right to Claims. Individual hereby irrevocably waives 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, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction foreign or domestic (collectively, the ”Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Waiver and Release and the use and exploitation of the Materials, and whether resulting in whole or in part by the negligence of Company or any other person, covenants not to make or bring any such Claim against any Authorized Person and forever releases and discharges the Authorized Persons and forever releases and discharges the Authorized Persons from liability under such Claims.
Representations and Warranties. Individual represents and warrants to Company that:
the Authorized Persons’ use of the Materials and the rights and license granted hereunder do not, and will not, violate any right of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from any third party is required in connection herewith;
Any and all Materials submitted by Individual are Materials that actually depict or relate to the Individual; and
Individual agrees to defend, indemnify and hold harmless the Authorized Persons from and against all Claims by third parties resulting from my breach of any of the foregoing representations and warranties.
This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Agreement is binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns.
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule any claim or cause of action arising under this Agreement shall be brought only in the federal and state courts located in Cook County, Illinois, and the parties hereby consent to the exclusive jurisdiction of such courts.