Terms & Conditions
The below is standard language that allows Laila's Gift Inc. to use images from the celebration and releases Laila's Gift Inc. from general liability.
CONSENT AND RELEASE FOR USE OF LIKENESS
Effective as of the date shown below, approval for past use and permission for present and future use is being granted to Laila’s Git Inc. to use a photo or other image of the celebration including all participants of the celebration. Permission is being given by the undersigned as more fully explained in this Consent and Release. The undersigned is the parent or legal guardian of (the "Photographed Party") and states that the undersigned has the full legal authority to sign this Consent and Release on behalf of the undersigned, the Photographed Party, and all parties related to the Photographed Party.
For a valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby grants to Laila’s Gift Inc., its agents, employees, licensees, and successors in interest (collectively, the "Released Party") all ownership rights and the absolute and irrevocable right and permission to copyright, use and publish the photographed likeness of (the "Likeness") that has been (or is being) obtained pursuant to this Consent and Release.
The Likeness may be copyrighted, used and/or published individually or in conjunction with other photography or video works, and in any medium (including without limitation, print publications, public broadcast, CD-ROM format) and for any lawful purpose, including without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic publication.
The undersigned represents and warrants that (i) no other party has been granted an exclusive license with respect to the Likeness, and (ii) no other party's authorization or consent is required with respect to the permission granted to the Released Party under this Consent and Release.
The undersigned waives any right that the undersigned, the Photographed Party, or any party related to the Photographed Party may have to inspect or approve the Released Party's copyright, use or publication of the Likeness, or the advertising copy or printed matter that may be used in connection with the copyright, use and/or publication of the Likeness. The undersigned, on behalf of the undersigned, the Photographed Party, and any other parties related to the Photographed Party, releases the Released Party (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Likeness (collectively, "Claims"). This release includes without limitation any Claims related to blurring, distortion, alteration, optical illusion, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of the Likeness.
THE UNDERSIGNED WARRANTS THAT THE UNDERSIGNED HAS READ THIS CONSENT AND RELEASE PRIOR TO THE SIGNING OF THIS DOCUMENT, THAT THE UNDERSIGNED UNDERSTANDS IT, AND THAT THE UNDERSIGNED FREELY ENTERS INTO THIS CONSENT AND RELEASE.
I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Laila's Gift Inc., or the employees, representatives or agents of Laila's Gift Inc..
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Laila's Gift Inc. for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Laila's Gift Inc., whether caused by the fault of myself, my family, Laila's Gift Inc. or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Laila's Gift Inc. against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Laila's Gift Inc..
4. FEES. I agree to pay for all damages to the facilities of Laila's Gift Inc. caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT. I consent to the participation of my family and I in the activity of Child Celebration Party, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of the child being celebrated.
6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Maryland law.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Laila's Gift Inc. has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
8. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
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