MEDIA RELEASE AND LIABILITY WAIVER
By participating in any and all events (the "Event") coordinated, facilitated, or hosted by NEIL WATTIER ENTERPRISES, LLC (the "Company"), I , hereby authorize the “Company permission to use media, including photographs, video and/or audio recordings that may contain me, my name, my voice, my image and/or likeness (the “Media”) for print and/or digital publicity, educational and/or advertising purposes. My participation designated my agreement and consent to the following:
1. I grant the Company permission to use my image, including in photographs, video and/or audio, from the Event in their advertisements, marketing materials and/or publications, without any restriction as to edits (including cropping and retouching), changes, modifications, and/or alterations.
2. I waive any right to inspect and/or approve the Media, in whole or in part. I further waive any right, title to, or interest in any derivative work, which results from any repurposing of the Media.
3. I understand and agree that the Company is the sole owner of the Media and only the Company may sell, distribute, use, copy, assign rights to, or otherwise transfer the Media, in its sole discretion.
4. I assign to the Company any and all right, title and interest I may have in and to the Media or any derivations in any and all formats or media and all channels, whether now known or hereafter created. I agree to execute any documents necessary to protect the Company’s ownership in the Media.
5. I understand that I will not be compensated for any use of the Media.
6. I acknowledge and agree that I have no right to or interest in any of the Media. In the event I use the Media for any purpose without the Company’s written consent, I understand that the Company is entitled to remedies for my breach of this Agreement.
7. I further understand and agree that I am not permitted to take my own video and/or audio recording during the Event.
8. I release and hold harmless and forever discharge the Company from any claims, demands and causes of action for liability or damages of any kind arising out of the use, publication, or processing of the Media or any derivations which I, my heirs, representatives, administrators, or any other persons acting on my behalf of my estate, have or may have by reason of this authorization, including any reasonable expectations of privacy or confidentiality with respect to the Media.
9. The Company is not responsible for any indirect, incidental, special, consequential or other damages in any form that may arise, in whole or in part, in connection with the Media, the Event, or otherwise. In the event there is a dispute, I agree that any action will be jointly submitted to mediation before a certified mediator and member of the American Arbitration Association with each party bearing their own fees and costs. If mediation is unsuccessful, any action will be submitted to binding arbitration in the State of Nebraska in accordance with the laws of the State of Nebraska without regard to conflict of laws principles pursuant to the rules of the American Arbitration Association. A mutually agreed upon arbitrator will administer the arbitration. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions herein.
10. I am over the age of 19 years and fully competent to sign this Agreement. I have thoroughly read, fully understand and agree to be bound by the terms of this Agreement.
My participation in the Event constitutes my agreement to these terms. I warrant that I have fully read and understand this Agreement, I enter into this Agreement freely and voluntarily, and I have complete authority to enter into this Agreement.
Last updated: December 9, 2020