RELEASE AND WAIVER OF LIABILITY
In consideration of participating in the above Shoot held by TechStyle, Inc., located at 800 Apollo Street, El Segundo, CA 90245 (“Company” or “TechStyle, Inc.”), the undersigned hereby agrees to the following:
1. PHOTOGRAPHIC RELEASE: I HEREBY GRANT AND CONVEY to Company, its subsidiaries, affiliates, nominees, licensees, their successors and assigns, the absolute unrestricted, perpetual, irrevocable, transferrable and worldwide right, permission and license to use, reproduce, edit, copyright, distribute, publish, broadcast and display, my name, image, video, picture, portrait, likeness, voice and audio recording, including any statements, behind the scenes photo/video, testimonials or endorsements made by me and/or photographed and/or recorded (collectively “ my Likeness”), in any and all forms of media, for any lawful purpose, including but not limited to the marketing, advertising, website posting, promotion and sale of JustFab, Fabletics, Fabkids or ShoeDazzle products, and any other commercial usages without any consideration or compensation due to me. I hereby unconditionally and forever release, discharge and agree to hold harmless Company, from and covenant not to sue for, any and all claims, actions, losses, liabilities, damages, attorneys’ fees and expenses, including but not limited to any claims for defamation (including libel and slander) or infringement of publicity, privacy or “moral” rights arising from or in connection with the distribution, display and/or use of my Likeness or any portion thereof, or the exercise of any of the rights granted by me hereunder. I understand that Company has no obligation to utilize my Likeness in any footage. I also understand and acknowledge that I have no right to approve or inspect my Likeness or any portion thereof prior to use or display.
2. I HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE Company, its directors, officers, employees, and agents (“Releasees”) from all liability to me and all my personal representatives, assigns, heirs, and next of kin for any and all claims relating to or arising from participation in this Shoot or any activity with the Company, including but not limited to, loss or damage, and any claim or demands therefore on account of personal or bodily injury, death or property damage to me, whether caused by the negligence of the Releasees, or the willful misconduct of any person or any other theory of liability.
3. I HEREBY ASSUME FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, whether such risks are foreseen or unforeseen, predictable or unpredictable, discussed or unstated, inherent or otherwise, or due to the negligence of Releasees or otherwise while using Company’s equipment or participating in any Shoot or program affiliated with Company. I understand and acknowledge that the Shoot will take place in a fitness facility, and involve proximity to heavy equipment and exposure to physical exertion that may be inherently strenuous, as to which it is impossible to foresee or predict specific risks.
4. I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, personal or property damage or cost they may incur due to my participation in any program affiliated with Company whether caused by the negligence of the Releasees or otherwise.
5. I understand and acknowledge that this Release shall be governed by and interpreted under the laws of the State of California, without regard to its conflict of laws rules. The courts of Los Angeles County shall have exclusive jurisdiction over any and all claims in connection with this Release. I expressly consent to jurisdiction and venue in the courts of Los Angeles County.
I HAVE READ AND AGREE TO THE TERMS OF THIS RELEASE AND WAIVER OF LIABILITY, INCLUDING THE ASSUMPTION OF RISK PROVISION, AND INDEMNITY PROVISION, AND FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.