content release
I hereby authorize P.O.R. Products, POR-15 or their respective trademark owners (the “Company”) to make Commercial Use of the photographic materials described below and, if included by me in or with such materials, my name, image, and professional and biographical information (collectively, the “Materials”), directly or by other Authorized Persons, on a perpetual, irrevocable basis throughout the world. I acknowledge that I am granting this release in exchange for the intangible value I will gain by participating in the Company's publicity programs. I hereby grant to the Company an irrevocable, royalty-free, worldwide non-exclusive license to make Commercial Use of the Materials in its sole discretion. The Company has no obligation, however, to use the Materials or to exercise any rights given by this Agreement. To the fullest extent permitted by applicable law, I hereby waive all legal and equitable rights relating to any Claims arising directly or indirectly from the Authorized Persons’ exercise of their rights under this release and covenant not to make or bring any such Claim against the Company or its employees, owers or directors and forever release and discharge the Authorized Persons from liability under such Claims. I represent and warrant to Company (i) that the Authorized Persons' use of the Materials and the rights and license granted hereunder do not, and will not, violate any rights of any person or entity under law or contract; (ii) that no consent or authorization from any third party is required in connection herewith; (iii) that the Company’s products were used in the repairs featured in the Materials; and (iv) that no paint or coating products of other manufacturers were used in such repairs . I agree to indemnify and hold harmless the Authorized Persons from and against all Claims by third parties resulting from my breach of any of the foregoing representations and warranties. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such term or provision will be interpreted so as to best accomplish its intended objectives and shall be enforced as so modied and shall not invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benet of the parties hereto and their respective successors and 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 New York without giving eect to any choice or conict of law provision or rule (whether of the State of New York or any other jurisdiction). Any claim or cause of action arising under this Agreement shall be brought only in the federal and state courts located in New York, and the parties hereby consent to the exclusive jurisdiction of such courts. For the purpose of this release: • “Authorized Persons” means (i) the Company, (ii) its affiliates, successors, assigns, licensees, (iii) their respective licensees and advertising agencies, and (iv) the employees, ocers, directors and agents of each of them. • “Claims” means all liabilities, claims, demands, actions, suits, damages and expenses. • “Commercial Use” means the display, public performance, exhibition, transmittal, broadcast, reproduction, recording, photographing, digitization, modication, alteration, editing, adaptation, creation of derivative works, distribution or other exploitation or use of the Materials, in any medium or format whatsoever now existing or hereafter created, including but not limited to, print publications, the internet, videos, television broadcasts, packaging, point-of-sale and other advertising and promotional materials, for advertising, promotion and other commercial and business purposes. THIS AGREEMENT PROVIDES THE COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, ALLOWING THE COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR PHOTOGRAPH AND ANY OTHER MATERIALS YOU HAVE SUBMITTED. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.