("Participant"), am voluntarily participating in Seize the Days, Inc. ("Seize the Days"), a nonprofit initiative that records and preserves oral interviews with cancer patients and caregivers. I understand that Seize the Days will retain a recording of my interview (the "Interview") and that I may choose to retain a copy of the Interview for my personal use.
2. Transfer of Rights
In consideration of the recording and preservation of the Interview, I hereby irrevocably transfer and assign to Seize the Days all right, title, and interest in and to the Interview, including all copyright and related rights under United States and international law. This transfer includes the exclusive rights of reproduction, distribution, public performance, public display, digital transmission, and preparation of derivative works, including all renewals and extensions thereof.
I understand that Seize the Days may, without further approval on my part, assign, license, or sublicense these rights to third parties — including but not limited to educational institutions, libraries, archives, healthcare organizations, and commercial entities — for scholarly, educational, clinical, and promotional purposes, whether commercial or non-commercial. I hereby waive all claims to compensation arising from such use.
3. Use of Interview
I understand that Seize the Days and its licensees and partners may, without further approval on my part, exhibit, distribute, edit, adapt, reproduce, publish, publicly perform, publicly display, podcast, stream, and broadcast the Interview or any portion thereof, in all media now existing or hereafter developed, including but not limited to: digital platforms, websites, podcasts, social media, radio, television, print, and any successor technologies.
Seize the Days will make reasonable efforts to notify participants when their Interview is shared with a named third-party partner organization, though such notification is not required as a condition of use.
4. Use of Name, Likeness, and Personal Information
I agree that Seize the Days and its licensees may use my name, voice, photographic likeness, and Interview content in connection with the exhibition, reproduction, distribution, publication, public performance, public display, broadcast, and promotion of Seize the Days and its programs and partnerships, without further approval on my part. I understand that Seize the Days uses first names as its standard practice. I may choose to include my last name as indicated below.
5. HIPAA Authorization (Standalone)
I authorize Seize the Days, Inc. to use and disclose the health information contained in or derived from my Interview as described in this Release, pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations (45 C.F.R. Parts 160 and 164).
a. Information to be used or disclosed: Audio and/or video recordings of my Interview, transcripts thereof, and any health-related information I voluntarily share during the Interview, including information relating to my cancer diagnosis, treatment, and experience.
b. Persons authorized to receive this information: Seize the Days, Inc., its employees, directors, officers, agents, licensees, and partners, including third-party organizations to whom Seize the Days may license or share Interview content for educational, clinical, or promotional purposes.
c. Purpose of use or disclosure: Educational, scholarly, clinical, promotional, and archival purposes, including but not limited to publication on websites, podcasts, curricula for healthcare professionals, and partnerships with healthcare and pharmaceutical organizations.
d. Expiration: This authorization has no expiration date.
e. Right to revoke: I understand that I have the right to revoke this HIPAA authorization at any time by submitting a written request to Seize the Days, Inc. However, revocation will not affect any uses or disclosures already made in reliance on this authorization, and does not affect the irrevocable rights transfer in Section 2.
f. Voluntary participation: I understand that my participation is entirely voluntary and that I will not be affected in my access to healthcare treatment or benefits if I choose not to sign this authorization.
g. Re-disclosure: I understand that information disclosed pursuant to this authorization may be re-disclosed by recipients and may no longer be protected by HIPAA.
6. California Privacy Rights (CCPA/CPRA)
If I am a California resident, I understand that I have certain rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to know what personal information is collected, the right to request deletion, and the right to opt out of the sale of personal information. By signing this Release, I provide informed, specific consent to the collection and use of my personal information as described herein. I understand that Seize the Days does not sell personal information. For questions about my California privacy rights, I may contact Seize the Days at the address below.
7. International Participants — GDPR and Global Privacy
This section applies to participants located in the European Union, United Kingdom, European Economic Area, Canada, or any other jurisdiction with applicable data protection laws.
a. Legal basis for processing: By signing this Release, I provide my freely given, specific, informed, and unambiguous consent to Seize the Days processing my personal data — including my name, likeness, voice, and health information — for the purposes described in this Release. This constitutes explicit consent under Article 9 of the General Data Protection Regulation (GDPR) for the processing of special category (health) data.
b. Data controller: Seize the Days, Inc. is the data controller responsible for my personal data.
c. Purposes and legal basis: My data will be processed for educational, archival, clinical, and promotional purposes as described in this Release. The legal basis is my explicit consent (GDPR Article 6(1)(a) and Article 9(2)(a)).
d. Retention: Seize the Days will retain my Interview and associated personal data indefinitely for archival and educational purposes, consistent with the irrevocable nature of the rights transfer in Section 2.
e. Right to withdraw consent: I understand that I have the right to withdraw my consent to data processing at any time by contacting Seize the Days. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal, and does not affect the irrevocable rights transfer in Section 2.
f. Additional rights: Depending on my jurisdiction, I may have rights including the right to access, rectify, or request erasure of my personal data, the right to data portability, and the right to lodge a complaint with a supervisory authority. I understand that some of these rights may be limited by the archival and public interest nature of Seize the Days’ mission.
g. International transfers: I understand that my personal data may be transferred to and processed in the United States, which may not provide the same level of data protection as my home country. Seize the Days will take appropriate safeguards to protect my personal data in accordance with applicable law.
8. Release of Liability
I release Seize the Days and its employees, directors, officers, agents, successors, licensees, and assigns (the "Released Parties") from all claims, demands, disputes, suits, damages, obligations, and liabilities — including but not limited to defamation, invasion of privacy, misappropriation of publicity rights, and copyright infringement — arising in any way from the use and/or content of the Interview, whether now known or hereafter discovered.
9. Indemnification
I agree to indemnify and hold harmless the Released Parties from and against all third-party claims, liabilities, damages, and expenses (including attorneys’ fees) arising out of or related to the use and/or content of the Interview.
10. Governing Law
This Release shall be governed by the internal laws of the State of Maryland, without regard to conflicts of laws principles, except where superseded by applicable federal law (including HIPAA) or mandatory international law (including GDPR where applicable).
11. Severability
If any provision of this Release is determined to be illegal or unenforceable, that provision shall be severed, and such severance will have no effect upon the enforceability of the remainder of this Release.
12. Acknowledgment
I UNDERSTAND THAT SEIZE THE DAYS INTENDS TO RELY ON THIS RELEASE, AND THEREFORE UNDERSTAND THAT IT IS PERMANENT AND IRREVOCABLE WITH RESPECT TO THE RIGHTS TRANSFERRED HEREIN. I HAVE READ THIS RELEASE IN ITS ENTIRETY PRIOR TO SIGNING AND AM FULLY FAMILIAR WITH ITS CONTENTS. I AM SIGNING THIS RELEASE VOLUNTARILY AND OF MY OWN FREE WILL.