This Media Release Form (hereinafter referred to as the "Agreement") is made effective as of the date of submission, by and between FSI Fitness Solutions Inc, its subsidiaries, affiliates, and the family of companies including but not limited to FSI Apparel & all associated strength clubs (e.g. "The Official 1000 LB Club") (hereinafter referred to as the "Company"), and the Applicant (the individual submitting content and signing below).
GRANT OF RIGHTS:
The Applicant hereby grants to the Company, its agents, representatives, and employees, the unrestricted and exclusive right to use, reproduce, edit, publish, and distribute any content provided by the Applicant, including but not limited to photographs, videos, graphics, and other media (hereinafter referred to as the "Content"), for the purpose of marketing, promotion, and other commercial activities.
ACKNOWLEDGEMENT OF PUBLIC REVIEW:
The Applicant acknowledges and agrees that:
Their submission will be publicly reviewed and posted across the Company's social media platforms and digital channels
Public review may result in a request for resubmission if lifts do not meet club standards
The Company reserves the right to request resubmission for any reason, including but not limited to issues not explicitly outlined in published guidelines
The Company cannot guarantee the Applicant will be tagged in posts due to platform limitations or privacy settings
Submissions that do not meet club standards, including but not limited to failing to reach a qualifying total, may be deleted without notice
COMPENSATION:
In consideration of the rights granted herein, the Company agrees to provide the Applicant with a $5 USD e-gift card to be issued via email and applied towards the purchase of retail items sold by FSI Apparel. Each Applicant is eligible to receive one (1) e-gift card credit only. If the Applicant is required to submit a resubmission, no additional e-gift card credit will be issued. The one-time credit applies regardless of the number of submissions or resubmissions required for approval. The e-gift card will be issued only after the Applicant's review has been posted publicly across the Company's social media platforms. The Applicant grants permission to the Company to subscribe them to marketing emails and SMS during their initial account set up to allow the Company to notify the Applicant when their credit becomes available. The Applicant is responsible for unsubscribing from marketing emails and SMS if they no longer wish to receive ongoing communications.
USAGE ACROSS PLATFORMS:
The Company retains the right to use the Content across multiple social media platforms and other digital channels. This includes, but is not limited to, platforms such as Facebook, Instagram, Twitter, TikTok, YouTube, Threads etc. or any other platform the Company deems appropriate for its marketing initiatives.
NO DEFAMATORY USE:
The Company agrees that the Content will not be used in any manner that is slanderous, defamatory, or derogatory to the Applicant. The Applicant acknowledges that criticism or feedback regarding lift technique, form, or failure to meet club standards does not constitute defamatory use.
WAIVER OF REVENUE RIGHTS:
The Applicant acknowledges and agrees that they shall not be entitled to any revenue, royalties, or any other form of compensation arising directly or indirectly from the Company's use of the Content for its marketing or any other commercial activities, other than the e-gift card specified in Section 3.
REPRESENTATIONS AND WARRANTIES:
The Applicant represents and warrants that they are the sole owner of the Content and have the full legal capacity to grant the rights provided in this Agreement.
INDEMNIFICATION:
The Applicant agrees to indemnify, defend, and hold harmless the Company, its agents, representatives, and employees from any and all claims, liabilities, damages, and expenses (including attorneys' fees) arising out of or in connection with any breach or alleged breach by the Applicant of any representation, warranty, or agreement made hereunder.
GOVERNING LAW:
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein without regard to its conflict of laws principles.
ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and supersedes all prior understandings, whether written or oral, relating to the subject matter hereof.
I represent and warrant that I am at least 18 years of age. I also hereby acknowledge and understand that by signing this document, I am voluntarily foregoing the opportunity to seek or obtain professional legal advice, and I confirm that I am entering into this agreement of my own free will and understanding.