Sommer Ray Contest Terms and Conditions
This Appearance Release (the “Agreement”) is effective (the “Effective Date”) when you indicate that you accept its terms by enabling the corresponding check box on the landing page that linked you here. This Agreement is by and between Pant Saggin LLC, a New York limited liability company with an address of 2301 E 7th St., #A225, Los Angeles, CA 90023 (the “Company”), and you, the individual submitting information (“I,” “me,” or “Participant”) on the landing page in connection with Company’s “Be You” marketing campaign (the “Work”). Company and Participant agree as follows:
- For apparel and other good and valuable consideration (the “Fee”), the receipt and sufficiency of which I hereby acknowledge, I irrevocably give Company my permission, and grant to Company the right, to film, record, and photograph me (the “Recording”).
- I hereby irrevocably grant and license to Company and its affiliates, successors, licensees, agents, and assigns (“Authorized Persons”) the rights to digitize, modify, alter, edit, adapt, create derivative works, display, publicly perform, exhibit, transmit, broadcast, reproduce, exploit, sell, rent, license, otherwise use, and permit others to use, the Recording and the Work, including my name, image, likeness, appearance, and voice as they appear in the Recording, in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created, including but not limited to, internet streaming and downloading, websites, other digital transmission or delivery methods, mobile applications, television broadcast, cablecast, and satellite, home video, video on demand, radio, and print publications, on any platform, including but not limited to televisions, computers, and mobile devices, and in connection with ancillary products, including but not limited to merchandise, books, and software applications, without further consent from or any royalty, payment, or other compensation to me.
- Further, I hereby irrevocably permit, authorize, and license Company and the Authorized Persons to identify me by name and use my name, likeness, appearance, voice, personal biographical information, and other personal or private information, and all materials created by or on behalf of Company that incorporate any of the foregoing (“Materials”), in connection with the Work and advertising and promotion of the Work and advertising, publicity, and promotion of Company and its affiliates and their businesses, products, and services, in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created, including but not limited to, internet streaming and downloading, websites, other digital transmission or delivery methods, mobile applications, television broadcast, cablecast, and satellite, home video, video on demand, radio, and print publications, and display, point-of-sale, and other advertising and promotional materials, on any platform, including but not limited to televisions, computers, and mobile devices, and in connection with ancillary products, including but not limited to merchandise, books, and software applications, without further consent from or any royalty, payment, or other compensation to me. I represent that I have not given any money or anything else of value to Company or any of its employees, agents, or representatives, or anyone else associated with the Work, in exchange for appearing in the Work or acknowledging me or including my name or any matter in the Work.
- In consideration of the Fee, I hereby grant to Company and its successors, licensees, and assigns the nonexclusive and irrevocable right and license to use any images or video I provide (“My Content”) in whole or in part in all formats and media as Company determines in its sole discretion, and (b) reproduce, distribute, display, publicly perform, exhibit, and otherwise exploit My Content in any media as Company determines in its sole discretion. I waive any and all claims in any jurisdiction to so-called “moral rights” or rights of droit moral with respect to use by Company and its successors, licensees, and assigns of My Content. Company does not have any obligation to produce, distribute, use, or otherwise exploit My Content. As between Company and me, Company owns all copyrights and other rights in the Work and all advertising and promotion related to the Work, provided that such ownership does not include ownership of the copyright in My Content.
- I agree that Company is and will be the sole and exclusive owner of all right, title, and interest in and to the Work, the Recording (including all film, photographs, and other recordings, including outtakes and behind-the-scenes footage), and the Materials, including all copyrights and other intellectual property rights therein, in perpetuity throughout the universe. In furtherance of the foregoing, I agree that the results and proceeds of my services in connection with the Recording and the Work are work made for hire for Company as defined in Section 101 of the Copyright Act of 1976. To the extent the Recording, the Materials, or any part of either does not qualify as, or otherwise fails to be, work made for hire, I shall, and hereby do, (a) assign, transfer, and otherwise convey to Company, irrevocably and in perpetuity, throughout the universe, all of my right, title, and interest in and to, if any, the Recording and the Materials, including all copyright and other intellectual property rights, including all registration, renewal, and reversion rights, and the right to register and sue to enforce such copyrights against infringers; and (b) irrevocably waive any and all claims I may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of droit moral in the Recording and the Materials.
- The Company has no obligation to use the Recording or any Materials, or create, produce, advertise, or promote the Work or the Materials, or include the Recording in the Work, or to exercise any rights given by this Agreement. I acknowledge and agree that I have no right to review or approve the Work, the Recording, or the Materials before they are used by Company or at any other time, and that Company has no liability to me for any editing or alteration of the Work, the Recording, or the Materials, or for any distortion or other effects resulting from Company’s editing, alteration, or use of the Work, the Recording, or the Materials, or Company’s presentation of me. Any acknowledgment or credit of me in connection with the Work or the Materials, if any, shall be determined by Company in Company’s sole discretion.
- 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, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, 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 Authorized Persons’ exercise of their rights under this Agreement or the production, exhibition, advertising, promotion, exploitation, or other use of the Work, the Recording, the Materials, and/or My Content, and whether resulting in whole or in part by the negligence of Company or any other person, covenant not to make or bring any such Claim against any Authorized Persons and their agents, employees, and representatives, and forever release and discharge the Authorized Persons from liability under such Claims. I understand that Company is relying on this Agreement and will incur significant expense in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part. I waive my right to injunctive and other equitable relief in the event of a dispute with Company. I will not have the right to enjoin or interfere with the production, distribution, exploitation, advertising, or promotion of the Recording, the Materials, the Work, or My Content.
- I have been made aware of, and understand, the provisions of California Civil Code Section 1542 (“Section 1542”), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” I expressly, knowingly, and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.
- I represent and warrant to Company that:
- I am at least eighteen (18) years of age, and I have full right, power, and authority to enter into this Agreement and grant the rights hereunder.
- I will provide only true and correct statements and other information in connection with the Work and that my participation in the Work, and the Authorized Persons’ use of the Recording, Materials, and My Content and the rights and license granted hereunder, do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with, or violate any contract or agreement with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required. I acknowledge that Company is not a signatory to any guild, union, or other collective bargaining agreement.
- I have obtained from all persons and entities who are, or whose trademark or other property is, identified, depicted, or otherwise referred to in the My Content, or who have a copyright interest in or to My Content, such written and signed licenses, permissions, waivers, releases, and consents (collectively, “Permissions” and each, individually, a “Permission”), including those relating to publicity, privacy, and any intellectual property rights, as are, or reasonably may be expected to be, necessary for Company to exercise its rights in My Content as permitted by this Agreement without incurring any payment or other obligation to, or otherwise violating any right of, any such person or entity.
- I am the sole owner of My Content or am the authorized agent of the owner; Company’s use of My Content as permitted by this Agreement will not violate any law or regulation or violate or infringe any copyright, trademark, or other intellectual property, or any privacy, publicity, contract, or other third-party right; and no consents from, or payments to, any third party are required for or by my grant of rights to Company hereunder or by Company’s exercise of such rights.
- I shall indemnify, defend, and hold harmless Authorized Persons and its officers, directors, employees, agents, affiliates, successors, and assigns, from and against any Claim, losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (“Losses”), including attorneys’ fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, arising out of or in connection with any third-party claim, suit, action, or proceeding relating to any actual or alleged breach by me of my representations, warranties, covenants, or other obligations hereunder.
- This Agreement constitutes the sole and entire agreement of the parties to this Agreement regarding the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. I have not relied on any statement, representation, warranty, or agreement of Company or of any other person on Company’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. The Company may assign this Agreement and its rights and obligations hereunder, in whole or in part, to any party. This Agreement shall be binding on and shall inure to my benefit and the benefit of Company and its respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Los Angeles County, California, and I hereby irrevocably consent to the exclusive jurisdiction of such courts. I agree that I will not disclose any information about the Recording or the Work without Company’s prior written consent. I am an independent contractor under this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties.
THIS RELEASE PROVIDES THE COMPANY WITH MY ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING THE COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT MY NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.