MEDIA RELEASE AGREEMENT
This Media Release Agreement (the “Agreement”) is made effective as of 11/16/21 by and between An Elf Friend (the “Company” or “We”) and you (hereinafter collectively known as the “Parties”).
Both Parties agree to the following terms.
1. GRANT OF RIGHTS
You grant the Company and its affiliates, agents, employees, officers, successors, shareholders, joint venture partners or anyone else working with the Company a non-exclusive, worldwide, royalty-free, perpetual irrevocable right and license to reproduce, edit, reformat, publish, broadcast, distribute, sell, live-stream, post your images, name, videos, recordings, statements, testimonials and articles (the “Work”) in all forms and media in relation with Company’s advertising, publicity, promotional and marketing activities including, but not limited to, those directed to the public and existing and prospective customers on this and other social media channels, websites, newsletters, emails, commercial products, education, course materials, video footage, sales marketing or any other business purpose. We may display your geographic location when using the Work.
You waive the right to inspect, approve or restrict the use of the Work as described herein.
You agree that your Work does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and does not contain any offensive, unlawful or obscene material.
3. NO CREDIT OR COMPENSATION
The Company is free to use the Work without credit, financial compensation to you or reference to your name or under any fictitious name.
You and your heirs, successors and assigns, hereby release and forever discharge and hold harmless the Company, its assigns, licensees and successors from any and all claims that may arise regarding the use of the Work including but not limited to suits, debts, dues, expenses, damages, claims and demands of any kind at law or in equity or under any statute, invasion of privacy, defamation, infringement of moral rights, rights of publicity, copyright or any other cause whatsoever related to the use of the Work.
The Company is permitted, although not required, to include your name as a credit in connection with the Work.
This Agreement expresses the complete understanding of the Parties. You warrant and agree that you have read and understood this Agreement and that you are of full legal age and capacity to enter into this Agreement. You warrant that you are the legal owner of the Work to grant the rights to the Company as described herein.
This Agreement binds and ensures to the benefit of the Parties and their respective successors and assigns. No fee shall be due to any successors or assigns of the Releasor.
8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties hereto with regard to the subject matter hereof, superseding all prior understandings and agreements between the Parties, whether written or oral, with respect to such subject matter. This Agreement shall not be amended or modified except by written agreement signed by the Parties to be bound thereby.
9. GOVERNING LAW
This Agreement will be governed by and construed both as to the validity and performance in accordance with the laws of the State of MD without regard to the principles of conflicts of law or where the Parties are located at the time of the dispute.
10. MANDATORY ARBITRATION
Any legal disputes arising from the breach of this contract shall be first resolved through mandatory arbitration in the state of MD and the Releasor agrees to bear the full cost of arbitration as permitted by law.
If a court, regulatory authority or other public or private tribunal of competent jurisdiction deems any provision in this Agreement to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.