PRESENTER REPRESENTATIONS, WARRANTIES, AND RELEASE. As Presenter, I represent and warrant that (a) the Presenter has the requisite power and authority to execute, deliver, and perform this Agreement, this Agreement has been duly executed and delivered by the Presenter and constitutes the legal, valid and binding obligation of the Presenter, enforceable in accordance with its terms; (b) either Presenter (i) owns the content and materials, and all intellectual property rights associated therewith, or (ii) possesses adequate licenses or other rights to the content and materials, and the intellectual property associated therewith necessary to license the content and materials to Company for reproduction, distribution, performance, display and transmission as required under this Agreement; and (c) to the best of Presenter’s knowledge and belief, the content and materials do not violate any copyright, trademark, patent, trade secret, or any other intellectual property right or proprietary right of any person.
In connection with the attendance at that Conferences, Presenter hereby grants to Company and its present and future affiliates, licensees, successors, assigns, and those acting with their authority, the unrestricted, absolute, perpetual, irrevocable, and worldwide right to publish, reproduce, copy, exhibit, display, perform, transmit, broadcast, distribute, modify, create derivatives of, and otherwise use photographs of Presenter, videos of Presenter, and other digital media of Presenter (collectively, “Images”), and use Presenter’s name (whether in original or modified form, including a fictitious name), business contact information, voice, statements, image, and/or likeness (collectively, “Name and Likeness”), for any purpose whatsoever, including without limitation the marketing and promotion of Company or its specifications or services. This grant includes, without limitation, the right to use the Images or Name and Likeness or any part thereof in combination with or as a composite of other matter, including without limitation, text, data, images, photographs, illustrations, animations and graphics, and video or audio segments of any nature; the right to edit the Images in Company’s sole discretion, including without limitation, to include sound effects, special effects, and music; and the right to use the Images (including modified versions thereof) or Name and Likeness in any media or embodiment, now known or hereafter developed, throughout the world, including without limitation, print, film, videotape, DVD, broadcast, digital transmission, print, and digital/web-based publications, and electronic/online media, including social media Company’s website, and other websites.
Presenter agrees to and hereby does release and discharge Company and its present and future affiliates, licensees, successors, assigns, and each of their present and future officers, employees, agents, and those acting with their authority from any and all claims, demands, liabilities, or causes of action that Presenter may now have or may have in the future for libel, defamation, invasion of privacy, violation of the right of publicity, infringement of copyright, or violation of any other right arising out of or relating to any use of the Images or Name and Likeness, including without limitation, claims, demands, liabilities or causes of action arising out of or relating to inadvertent errors, such as blurring, distortion, or alteration, or based upon any decision not to make use of the images, name, or likeness.
The Presenter understands that Company and its present and future affiliates, licensees, successors, and assigns are relying on his/her consent to use the Images and Name and Likeness for the promotion of various programs, initiatives, or services. Presenter acknowledges and agrees that Presenter will not receive any compensation arising from the use of the images, name, or likeness.
All Images in all formats, including electronic or non-electronic negatives and prints that are taken or created by Company or by a third party on its behalf are owned by Company; and Company owns all rights, titles, and interests therein, including without limitation all worldwide copyrights, trademark rights, and other intellectual property and proprietary rights. If Presenter provides Images to Company for its use, Presenter hereby grants to Company and its present
and future affiliates, licensees, successors, assigns, and those acting with their authority, the unrestricted, absolute, perpetual, irrevocable, and worldwide right and license to use such Images under the terms of this Image Release (“Release”).
All rights granted in this Release are freely assignable and licensable by the Company. The presenter acknowledges that it does not and will not, under any circumstances, have the right to enjoin the distribution or exploitation of the Images or Name and Likeness. The Presenter hereby waives any right that he/she may have to inspect or approve the completed materials wherein the Images or Name and Likeness appear or to receive advanced notice of any use of the Images or Name and Likeness.