Publicity Waiver and Release
I hereby authorize Iron Horse RV and Trailers and its affiliates, successors and assignees, along with its employees, officers, directors and agents (collectively the “Company”) to use and publicize my likeness as contained in a photo or photos submitted for its Picture of the Week Contest, which may be included in Company-related marketing materials, including print, websites or other electronic forms of media which are then made available nationwide. In exchange for the intangible value I will gain by being featured in the Company’s marketing materials, and other good and valuable consideration, I give the Company my permission for such use and publicity for such purposes, according to the terms and conditions set forth in this Publicity Waiver and Release. I understand that photos submitted for the said contest will be chosen on the basis of originality, adherence to theme, subject matter, creativity and image quality and there is no guarantee that any photo(s) of me will be selected or published in any print or electronic format.
I hereby irrevocably permit and authorize Iron Horse RV and Trailers to use the photo(s) of me in its company-related marketing materials, including websites or other electronic forms or media without my prior approval on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created without further notice, consent from or royalty, payment or other compensation to me.
I hereby irrevocably transfer and assign to the Company my entire right, title and interest, if any, in and to the photo(s). I acknowledge and agree that I have no right to review or approve any use of my photo(s) before they are used by the Company, and that the Company has no liability to me for any editing or alteration of the photo(s).
To the fullest extent permitted by applicable law, 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, 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 throughout the world (collectively, “Claims”) arising directly or indirectly from the Company’s exercise of their rights under this Waiver and Release and the use and exploitation of the photo(s), and whether resulting in whole or in part by the negligence of the Company or any other person, covenants not to make or bring any such Claim against the Company and forever releases and discharges the Company from liability under such Claims.
This Agreement is binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns.
THIS AGREEMENT PROVIDES THE COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, ALLOWING THE COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.