ACCEPTANCE OF ATTENDEE RELEASE
This ATTENDEE RELEASE (this “Release”) applies to all events offered on or through the website vistageflorida.com (the “Website”) (each, an “Event”). This Release constitutes a binding agreement between all attendees who register for an Event (“you, “me”, or “I”) and Leadership Centers U.S.A., Inc. d.b.a. Vistage Florida (“Vistage Florida”, “us”, “we” or “our”). By registering for an Event and clicking the box associated with this Release during the registration process, you agree that you have read, fully understand, and agree to be bound by the terms and conditions of this Release. If you do not agree to the terms and conditions of this Release, then you may not register for or attend an Event. Please read this Release carefully before registering for an Event.
THIS RELEASE PROVIDES VISTAGE FLORIDA WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING VISTAGE FLORIDA TO PUBLICIZE AND COMMERCIALLY UTILIZE YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET FORTH BELOW. BY REGISTERING FOR AN EVENT AND CLICKING THE BOX ASSOCIATED WITH THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE VISTAGE FLORIDA.
Purpose of Release; Permission: Vistage Florida desires to use and publicize your likeness, voice, and other personal characteristics for advertising, promotion, and other commercial and business purposes, including on vistageflorida.com. In exchange for the intangible value I will gain by attending and/or participating in the Event and other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I give Vistage Florida my permission for such use and publicity for such purposes, according to the terms and conditions set forth in this Release.
Release of Likeness: I do hereby irrevocably permit, authorize, and grant Vistage Florida and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the absolute right and permission to record and photograph my name, image, likeness, appearance, voice, and other personal characteristics at the Event (“Likeness”), and hereby irrevocably license to Authorized Persons the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, share, use in marketing, rent, license, otherwise use, and permit others to use, my Likeness and all materials created by or on behalf of Vistage Florida that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures, and other print publications, electronic, magnetic, and optical media, press releases, the internet, including without limitation vistageflorida.com, and other digital transmission or delivery methods, and mobile applications, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, and promotion of Vistage Florida and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.
Ownership: I agree that Vistage Florida shall be the exclusive owner of all rights, including copyright, in the Materials. I do hereby irrevocably transfer, assign, and otherwise convey to Vistage Florida my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by Vistage Florida, and that Vistage Florida has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from Vistage Florida’s editing, alteration, or use of the Materials, or Vistage Florida’s presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by Vistage Florida in Vistage Florida’s sole discretion. Vistage Florida has no obligation to create or use the Materials or to exercise any rights given by this Release.
Waiver: 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 (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), 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 Release or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of Vistage Florida or any other person, and I hereby covenant not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims. I understand that Vistage Florida is relying on this Release and will incur significant expense in reliance on this Release, and I agree that this Release cannot be terminated, rescinded, or modified in whole or in part.
Representations and Warranties: I represent and warrant to Vistage Florida that I am at least eighteen (18) years of age (or the age of majority in the applicable jurisdiction), and I have full right, power, and authority to enter into this Release and grant the rights granted hereunder. I further represent and warrant to Vistage Florida that I will provide only true and correct statements and other information in connection with this Release, and the Authorized Persons’ use of the Materials 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 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 in connection herewith. I agree to defend, indemnify, and hold harmless the Authorized Persons from and against all Claims by third parties resulting from my breach or alleged breach of this Release or any of the foregoing representations and warranties.
Entire Agreement: This Release 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.
No Reliance: I have not relied on any statement, representation, warranty, or agreement of Vistage Florida or of any other person on Vistage Florida’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 Release.
Severability: If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction.
Assignment: Vistage Florida may assign this Release and its rights hereunder, in whole or in part, to any party.
Binding Agreement: This Release is binding on and inures to my benefit and the benefit of Vistage Florida and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.
Choice of Law: All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Venue: Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in the State of Florida, in each case located in the City of Jacksonville and County of Duval, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
Headings: The headings identifying the various sections of this Release are for reference only and do not define, modify, expand, or limit any of the terms or provisions herein.