Applicant hereby authorizes and grants to the DM Firm, LLC, its licensees, assignees and all those acting with its authority or permission, or on its behalf (“DM”), the irrevocable, unrestricted right to record, use, re-use, reproduce, display, copyright, stream, publish, or otherwise distribute any photograph, video, or digital content created about or including Applicant solely with regard to the Kulture Pitch, without restriction whatsoever. Such right and permission includes, but is not limited to, Applicant’s likeness, image, name, recorded voice or video, photograph, biographical information, or any material based upon or derived therefrom, for any and all purposes, in whole or in any part, relating to or arising out of participating in the Kulture Pitch, in any form or medium, now or hereafter known or invented, including but not limited to promotion, advertising, and trade.
Applicant understands that DM may, at its sole discretion, produce presentations, publications, or include in its social media content based in whole or in part upon Applicant’s participation in the Kulture Pitch, or any portions thereof, and/or video or audio recordings or photographs of said participation, and that such media may appear in print, online, or in any manner or media, including but not limited to promoting DM.
Applicant further consents to having any such participation in the Kulture Pitch, or any portions thereof, and/or video or audio recordings or photographs of said participation altered or changed in any way for any purpose in connection with such uses. Applicants hereby waive any and all rights that Applicant may have to inspect or approve any finished product or any copy which may be used in connection herewith, or any use to which it may be applied. Applicant understands that Applicant has no claim for compensation and no claim, including, without limitation, claims based upon defamation, arising out of or in connection with any use, alteration, or use in any composite form hereunder. Applicant also understands that DM may, at its sole discretion, decide not to use, publish or distribute any or all of the portions of Applicant’s participation in the Kulture Pitch.
Applicant hereby releases DM, together with all principals, officers, employees, agents, successors, heirs, and assigns and hold them harmless from any liability or claim arising out of or in connection with Applicant’s participation in the Kulture Pitch.
No Broker, Financial or Legal Relationship Release
Should Applicant be selected to participate in the Kulture Pitch, in consideration for Applicant’s participation as such, Applicant intending to be legally bound, do hereby waive and forever release any and all rights and claims for damages or injuries that Applicant may have against DM and all of their agents assisting with the Kulture Pitch, sponsors and their representatives, volunteers and employees for any and all injuries to Applicant of Applicant’s personal property. This release includes all injuries and/or damages suffered by Applicant before, during or after the Kulture Pitch. These releases and agreement shall be binding upon Applicant, Applicant’s heirs, legal representatives, and assigns
DM’s Code of Conduct
If selected to participate, Applicant agrees to the following Code of Conduct: Applicant must arrive on time and check in with a designated Kulture Pitch staff member. Failure to do so may result in Applicant’s slot to pitch being rescinded. Applicant must attend the event in business attire and be ready for a verbal pitch. Applicant will present themselves and their business in a professional manner during the event. The event production team may alter the order in which pitches are made and Applicant will pitch in their most updated assigned slot. Applicant must inform DM of any deals or partnerships deriving from attending the Kulture Pitch. Applicant agrees not to denigrate, defame, disparage or cast aspersions upon DM, its employees, agents, the Kulture Pitch, and/or DM’s business and manner of doing business.
If Applicant does not reach their financial goal at the Kulture Pitch, DM encourages open communication with the Kulture Pitch team.
Disputes
Applicant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Kulture Pitch shall be construed pursuant to the laws of the State of New York and shall be submitted first to mediation and then if still unresolved to binding arbitration. Said mediationor binding Arbitration shall comply with and be governed by the provisions of the American Arbitration Association for Commercial Disputes. Under no circumstances will Applicant be permitted to Obtain awards for, and Applicant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocketexpenses, and any and all rights to have damages multiplied or otherwise increased.
Representation and Warranty
Applicant hereby represents and warrants that Applicant is over 18 years of age, has the right to enter into this Kulture Pitch, and to grant the rights granted to DM for Applicant’s participation therein. Applicant also agrees to adhere to DM’s Code of Conduct as a prerequisite to participating in the Kulture Pitch.
Applicant understands that the DM Firm, its employees or contractors, cannot and do not make any guarantee that Applicant will secure financial investments in Applicant’s business and is not acting as a broker. Similarly, any advice provided by the DM Firm, related staff, and others involved with the Kulture Pitch will not be considered financial or legal advice. Applicant should seek appropriate counsel for Applicant’s own business and circumstances.