PHOTOGRAPH Release
I, _____________________________, the releasing party, as of ________________, ____ (the "Effective Date") hereby grant to Nebraska Power Volleyball Club, a Nebraska nonprofit corporation ("Company"), subject to the terms hereof, the non-transferable, non-sublicensable, non-exclusive right and license to photograph or otherwise record me, and to edit, use, and reproduce my image, performance, voice, and/or physical likeness (including negatives, finished pictures, proofs, transparencies, copies of the original prints and negatives, and reproductions), as well as my personal information, including but not limited to my name and biographical information (individually and collectively, my "Likeness"), in whole or in part, in print or electronically, on a perpetual and worldwide basis, for any purpose related to the club volleyball business and operations of the Company, as and to the extent stated in this Photograph Release (the “Rights”). The Rights include, without limitation, using my Likeness with other images, graphics, and text, and altering or modifying my Likeness by traditional or digital photographic techniques including creating composite, blurred, or distorted representations, retouching, and changing color, perspective, foreground, size, shape, context, or background. Despite the foregoing, I retain all ownership (and other intellectual property) rights in and to (a) my name, biographical material, and other personal information of any kind, and (b) photographs, likenesses, recordings, videos, and/or other images of or including me that are not taken by or on behalf of Company as of the Effective Date of this Release. Any Company use, modification, alteration, or other exploitation of such personal, pre-existing, or independently created materials or information is subject to restriction as stated in this Release.
Notwithstanding anything set forth herein to the contrary, Company will provide me with prior written approval rights in connection with any use, alteration, modification, or other exploitation of the following elements of my Likeness: (1) any and all personal information provided hereunder (i.e., my name, biography, nickname, and/or other personal facts or information); and/or (2) pre-existing materials or information not created specifically by Company; provided, the preceding sentence shall not apply to pre-existing materials, photographs, likenesses, recordings, videos, and/or other images of or including me that are shared via social media or news outlet or are otherwise made public or publicly available by me or third parties.
I agree that all rights in each photograph, recording, or video taken of me by or on behalf of Company as of the Effective Date of this Release, including all copyrights, are the Company’s exclusive property as a work-for-hire under U.S. copyright law, except that I retain any and all ownership (and other intellectual property) rights in and to (a) my name, biographical material, and any other personal information of any kind, and (b) photographs, likenesses, recordings, videos, and/or other images of or including me that are not taken by or on behalf of Company as of the Effective Date of this Photograph Release.
I acknowledge and agree that with respect to my Likeness, Company shall have the right to create an unrestricted number of edits, cutdowns, versions, variations, lifts, revisions and derivatives of it as stated in this Release; provided, however, that my Likeness (or any element of it) will not be distorted, reproduced, edited, used or otherwise exploited, including with another person, entity, concept and/or idea, which could reasonably: (a) create a material misrepresentation about my identity (including my appearance and/or biographical information) and/or my opinions, mores, or beliefs of any kind, and/or (b) disparage or denigrate me.
Nothing herein will constitute any obligation on Company to make any use of any of the rights set forth herein.
Subject to the terms hereof, I hereby waive any and all claims, demands, losses, and liabilities of any kind or nature that I may have against Company, along with each of Company's executives, directors, officers, employees, affiliates, agents, and assigns, with respect to Company's authorized exploitation of its rights hereunder, including without limitation, claims in the nature of copyright infringement, defamation, disparagement, slander, false light, violation of the right of privacy or publicity, or the like.
I agree not to seek or enjoin, the Company's exploitation of my Likeness, unless the Company breaches, or performs an anticipatory breach, of the non-disparagement provisions of this Release.
This release sets forth the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous oral and/or written representations, discussions, negotiations, understandings, and/or agreements relating to the subject matter. This release may not be modified except by an instrument in writing signed by both parties. If any provision of this release is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein.
I certify that I have read this consent and release, fully understand its contents and intend to be legally bound to it. Additionally, I certify as follows:
(a) X I am under nineteen (19) years of age and as such, my parent/legal guardian has executed the attached "Parental Consent." Therefore, I legally have the right to grant the rights herein granted; or
(b) _____ I am at least nineteen (19) years of age, I have full right, power, and authority to enter this Photograph Release and grant the Rights provided in it without violating any applicable law and/or agreement with any third party, and this Photograph Release does not require the consent of, or any payment to, any third party.
(Check one of the above.)
The Company has the sole discretion to acknowledge or credit me with photographs, recordings, or videos of me that it uses.
This Photograph Release shall be governed by the laws of the State of Nebraska, without regard to its conflict of laws principles. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Omaha, Nebraska, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
By executing where indicated (below), each party agrees to the terms and conditions set forth above as of the Effective Date.
FULL LEGAL NAME OF RELEASING PARTY:
Signature:
Print name:
Address:
NEBRASKA POWER VOLLEYBALL CLUB, a Nebraska nonprofit corporation
Print name: Jennifer Helms
Title: Vice President, Secretary
PARENTAL CONSENT (Complete if releasing party is under the age of nineteen (19).)
I, as parent/legal guardian of _______________________________, agree to all of the terms and conditions of the above release, and I personally join in and will be responsible for the warranties, representations, covenants, obligations and responsibilities set forth by the minor above. I sign this document to signify my agreement to all of the above terms and agree to fully hold harmless Company with respect to any claims which may be made (including any claims by the minor) as a result of the exercise by any of Company of their rights hereunder.
Signature:
Print Name:
Date:
