Talent and Accident Release
In consideration of the sum of $0, receipt of which is hereby acknowledged, I, being of legal age, hereby irrevocably grant Fractal Enterprise, Inc., their licensees, successors, legal representatives, and assigns the perpetual, royalty-free, absolute and irrevocable right and permission throughout the universe to use my name and to use, reproduce, edit, exhibit, project, display, copyright, publish and/or resell photography images and/or moving pictures and/or videotaped images of me with or without my voice, or in which I may be included in whole or in part, photographed, taped, videotaped, and/ or recorded on January 1, 2019 and thereafter, and to circulate the same in all forms and media for art, advertising, trade, competition of every description and/or any other lawful purpose whatsoever. I also consent to the use of any printed matter in conjunction therewith.
I hereby agree that the Likeness created by or on behalf of any of the Licensed Parties hereunder, is owned by Fractal Enterprise, Inc. (or its designees), and Fractal Enterprise, Inc. (or its designees) have the unlimited right throughout the universe, in perpetuity, to modify, edit, copyright and/or reproduce such images and the Likeness as described herein. My contributions to the Materials and my participation in the Production shall not violate any rights of any third parties and/or in any way conflict with any commitments on my part. All testimonials or other similar statements by me are expressions of my personal experience and belief, and shall be valid unless and until I advise Fractal Enterprise, Inc.. in writing otherwise. I agree that the Licensed Parties are not required to use My Likeness (or portions thereof) for any purpose. I forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized. I hereby expressly release, discharge and waive all claims, demands, losses and liabilities of any nature (collectively, “Damages”) which may arise from (and covenant not to make any claims against the Licensed Parties as a result of) any and all loss or injury caused by or occurring as a result of the exploitation of the rights granted hereunder.
I hereby waive any right that I may have to inspect and/or approve the finished product or products or the editorial, advertising, or printed copy or soundtrack that may be used in connection therewith and any right that I may have to control the use to which said product, products, copy and/or soundtrack may be applied. I hereby release, discharge and agree to save Fractal Enterprise, Inc., their licensees, successors, legal representatives and assigns from any liability by virtue of any blurring, distortion, alteration, optical illusion or use in composite form whether intentional or otherwise that may occur or be produced in the making, processing, duplication, projecting or displaying of said picture or images, and from liability for violation of any personal or proprietary right that I may have in conjunction with said pictures or images and with the use thereof.
This document constitutes the entire agreement and complete understanding of the parties with respect to the subject matter hereof, and no oral or prior written agreements shall be deemed a part or modification of this agreement. This agreement cannot be modified except by a written instrument signed by me and an authorized representative of Fractal Enterprise, Inc.. This document shall be governed by the laws of Texas, without reference to the conflicts of law provisions thereof. Invalidity, illegality or unenforceability of any provision or any part of any provision of this agreement shall not affect or impair the validity, legality or enforceability of any other provision or any part of any other provision of this agreement.
I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH PARTICIPATING IN ANY MEDIA & MARKETING EVENTS, INCLUDING PHOTOSHOOTS, VIDEOSHOOTS, OR THE LIKE HOSTED BY FRACTAL ENTERPRISE, INC, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity. I acknowledge that this Accident Waiver and Release of Liability Form will be used by Fractal Enterprise, Inc., and that it will govern my actions and responsibilities at said activity.
In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Fractal Enterprise, Inc. and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Fractal Enterprise, Inc. from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that Fractal Enterprise, Inc. and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf. I acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity. The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.