AGREEMENT & RELEASE FOR EVENTS
STORY, TESTIMONIAL, PHOTOGRAPH, VIDEO, ANIMAL AND PROPERTY
For good and valuable consideration, the receipt and adequacy of which are acknowledged, the undersigned (’“I”, “me” and “Undersigned”) agrees as follows:
1. I am attending the International Cheese, Wine & Canine Festival on June 18, 2016 (the “Event”). I represent that there is no medical or physical condition which would prevent me or my animal from participating in any activities conducted at the Event, and that I have not been instructed by any physician and/or veterinarian not to participate in such activities. I also represent that my animal is up-to-date on required vaccinations and licensed as required by law. If asked, I will be able to show proof of such. I understand that Purina has the right to restrict the participation of any animal which, in the reasonable opinion of Purina, endangers the safety and well being of any person or any animal at any time.
2. I acknowledge that the rights granted to herein shall extend to Nestlé Purina PetCare Company and its subsidiaries, affiliates, parent(s), successors and assigns (collectively, “Purina”). I further acknowledge that Purina may engage in promotional activities with one or more of its retailers, and all of the rights granted herein shall extend to any such retailer when such retailer is engaging in promotional activity with Purina or including Purina’s products.
3. Purina may copyright, use, publish, republish, and otherwise reproduce, modify and distribute my story, testimonial and interview comments, and photographs/video of me, my animal(s), property and/or minor child(ren) (as applicable) taken by Purina or otherwise provided to Purina by me (“Materials”) in perpetuity in any and all print, electronic, digital and other media existing now or developed in the future, in whole or in part, including the likeness(es) of me, my animal(s)/property and/or minor child(ren), with or without other persons, that are included in the Materials, whether in composite or distorted character or form, worldwide, for any lawful purpose whatsoever.
4. I waive, release and discharge Purina from any and all (a) claims and demands arising out of or in connection with the use of the Materials (including the likenesses and/or name of me, my animals/property and/or child(ren)), including without limitation any and all claims for libel, defamation, claims for invasion of privacy, publicity or personality or similar matter, claims for infringement of “moral rights”, all rights under common law, the Lanham Act, the Copyright Act, and any and all claims for royalties or compensation other than as may be expressly provided in a written agreement between Purina and myself.
5. I also understand that I hereby assume the risk of any and all accidents or injuries of any kind which may be sustained by anyone or anything by reasons of or in connection with me and/or my animal’s participation in the Event and I hereby release, discharge and absolve Purina, and its employees, offices, agents and representatives from any and all liability or responsibility for any and all accidents or injuries sustained by anyone or anything as a result of my participation in the Event, except to the extent such accident or injury is the result of the negligence of any of Purina, or its employees, offices, agents and representatives.
6. I represent and warrant that: (a) any story, testimonial, interview comments and/or information I provide accurately reflect my opinions and experiences and that they are true and correct to the best of my knowledge and belief; (b) any photographs and videos I provide are owned by me, including the copyright, and I have the right to authorize Purina to use such photographs and videos; (c) I am the legal owner or agent/handler of any animals/property listed in the Materials section of this Agreement & Release; (d) I am the parent or legal guardian of any child listed in the Minor section of this document and am authorized to sign documents on his/her behalf; (e) I am of legal age and have the right to contract in my own name; (f) I have the full power and authority to grant all of the rights conveyed to Purina in this Agreement & Release; and (g) I have read the above Agreement & Release, prior to its execution, and am fully familiar with its contents.
7. This Agreement & Release shall be governed by and construed in accordance with the laws of the State of Missouri, USA, notwithstanding its conflict of laws principles. No modifications of this Agreement or any of its terms shall be effective unless in writing signed by the duly authorized representatives of Nestlé Purina PetCare Company and me.