have been invited by The Savannah College of Art and Design, Inc. (“SCAD” or “you”) to participate in SCAD's Sand Arts Festival (the “Event”), which may include, but not be limited to, the opportunity, at SCAD’s election, for an on‐camera interview with SCAD. For good and valuable consideration (including the potential exposure afforded to me by the Event and association with SCAD), the receipt and adequacy of which are hereby acknowledged, I agree as follows:

I irrevocably grant to you and your licensees and assigns: (i) permission to photograph and record (in audio, visual and audiovisual formats) my image, voice, name, likeness, performance and biographical information (collectively, my “Likeness”) and my works (such photographs and recordings, etc., the “Content”); and (ii) a royalty-free license to reproduce (by any means or methods), transmit, distribute, stream, telecast, podcast, exhibit, depict, publicly display, publicly perform, synchronize with video, edit or otherwise use the Content, my Likeness and any materials that I have or any party on my behalf has provided to you (collectively, the “Materials”) throughout the universe, in perpetuity, in any and all languages, by any and all means and in any and all media now or hereafter known, solely in and in connection with: (a) the Event; (b) SCAD; (c) the production, distribution and/or exploitation of any SCAD Production(s), whether now or hereafter contemplated, and all subsidiary, allied and ancillary uses associated therewith; and (d) any promotional, editorial, advertising, marketing or publicity materials related to the Event, SCAD and/or the SCAD Production(s). All creative and editorial decisions regarding use of the Materials (or portion(s) thereof) and/or my Likeness shall be at your sole discretion. You are not obligated to use or exploit the Materials or my Likeness in any manner, or exercise any of the rights granted hereunder. SCAD will forever own all rights, including copyright, in the Content, the SCAD Productions, and the results and proceeds of each. No payments, residuals, reuse fees or other compensation will be due or payable to me or any third party in connection with any use of the Materials. I waive all rights of droit moral and other like rights related to the Materials and the SCAD Productions. Credit, if any, will be at SCAD’s discretion. “SCAD Productions” means any and all works created by or on behalf of SCAD for the purpose of promoting, advertising, marketing, discussing and/or commenting upon the Event and/or SCAD and/ or any of SCAD’s programs, alumni, events and activities, including, without limitation, the SCAD-produced interview series currently titled On Creativity.

 
I represent and warrant: I have authority to enter into this On‐Camera Release (the “Release”) and grant the rights granted hereunder; neither you nor I need to obtain the consent of, or pay any amounts to, any third party in order to fully enjoy the rights granted herein; any statements made by me on camera are true and your exercise of the rights granted herein will not violate or infringe upon the copyright, trademark, or other rights of any party. I will defend, indemnify and hold you, your licensees and assigns harmless from and against any and all claims, demands, suits, losses, costs, expenses (i.e., reasonable attorneys’ fees, etc.), or damages imposed upon you, your licensees or assigns by reason of any breach or alleged breach by me of any representations, warranties or agreements contained herein. I release and discharge you, your directors, employees, officers, licensees agents and assigns from all claims, demands or causes of action, known or unknown, that I may now or hereafter have, including, but not limited to, invasion of privacy, defamation, right of publicity, copyright or trademark infringement, misappropriation, conversion, unfair competition, moral rights, and/or other personal or property rights, or any cause of action arising out of the use, exploitation or exhibition of the Materials or the SCAD Productions. I will not now or in the future assert any such claim against you. I waive all rights under any statute, regulation, common law rule or other law that would limit my release, waiver and discharge herein. My rights and remedies in the event of your breach are limited to the right, if any, to recover money damages in an action at law, and in no event will I be entitled to terminate this Release or seek any equitable remedy, including, without limitation, injunctive relief.

 
This Release is governed by the laws of the State of Georgia (without regard to conflict of laws rules) and will be binding upon me and my successors, representatives, heirs, executors, administrators and assigns. I agree that any and all disputes between you and me arising out of or related to this Release, including without limitation, any dispute involving the interpretation, application, or compliance with the terms and conditions of this Release, shall be settled on an individual basis in binding arbitration in Fulton County, Georgia. I agree that I will not act as a class or collective action representative or participate as a member of a class of claimants with respect to any dispute against you. I agree and hereby waive any right to a jury trial for any dispute. The binding arbitration shall be conducted in accordance with the SCAD Arbitration Procedures, which will be provided upon my request to SCAD’s Office of Legal Affairs. Except as otherwise provided in the Arbitration Procedures, the arbitration shall be final and binding and shall be conducted in accordance with the Federal Arbitration Act. The final decision of the arbitrator may be enforced by any court of law having jurisdiction over the matter. This Release represents the entire understanding between me and you and supersedes all prior agreements, oral or written, made between us with respect to the subject matter hereof. SCAD’s rights as a member of the public shall not be limited by this Release. If any part of this Release is deemed void or invalid by a court of competent jurisdiction, that decision shall not affect any other provision herein.