Please accurately complete and sign the following Model Release Agreement (“Agreement”). I, the undersigned “Model,” understand and agree that my likeness may not be used without a signed and completed Agreement.
I hereby grant Jones Soda Co., its authorized representatives, licensees, agents, successors, and assigns (collectively, “Jones”) a worldwide, non-exclusive, sublicensable (through multiple tiers), irrevocable, perpetual right and license to use my likeness in the enclosed photograph(s) now or at any time in the future, in any manner and for any purpose that Jones chooses, including, without limitation, for commercial or charitable purposes, and in any medium now known or later developed. Jones, at its discretion, may license these photos to the general public via a third-party service provider and donate any proceeds earned by Jones to charitable organizations of its choosing. This includes, without limitation, the right to reproduce, modify, edit, alter, and rearrange my likeness and include or combine with other images, text or graphics in Jones' sole discretion, and also any use in conjunction with any sales, advertising, promotion, marketing, trade, exhibition, publicity, or packaging of any product or service.
I understand and agree that I do not have the right to any compensation or reimbursement from Jones in the form of fees, commissions, royalties, or any other consideration, financial or otherwise, paid or owing to me, now or in the future, for provision of or the use of my likeness or otherwise arising under this Agreement. I expressly acknowledge that Jones is under no obligation to use my likeness and I waive any right to inspect or approve any use of my likeness. I understand and agree that I may not revoke or terminate this license and grant of rights or revoke my consent to the undertakings I am making under this Agreement.
I represent and warrant that I have the exclusive right and authority to grant the rights and licenses granted herein to use my likeness, and that no other party has been granted an exclusive license with respect to my image and likeness, and that no other party’s authorization or consent is required with respect to the permission granted to Jones under this Release.
I hereby unconditionally release, waive, discharge, and agree to hold Jones and all persons acting under Jones’ permission or authority harmless from (and covenant not to sue any of them for) any liabilities or claims which I now have, have ever had, or may hereafter have against Jones arising from or relating in any way to the use or non-use of my likeness or in any subsequent processing of the same, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy or any other claim or cause of action, based upon or relating to my likeness or the exercise of any of the rights or licenses granted herein.
I agree that this Agreement shall be governed by the laws of the State of Washington, without regard to its conflict of law provisions, and I agree that any disputes arising out of or relating to this Agreement or the exercise of any rights granted by me hereunder by Jones or any third party must be heard exclusively in the state and federal courts located in Seattle, Washington, and I irrevocably consent to the jurisdiction of such courts. I hereby waive any right to seek injunctive or other equitable relief. I understand that I will have neither the right to rescind or terminate this Agreement, or any of Jones’s rights hereunder, nor seek to enjoin Jones or any third party from use of my likeness. I agree this Agreement constitutes our entire understanding and agreement with respect to the subject matter hereof and cannot be amended except by a written instrument signed by me and Jones Soda Co.
I agree this Agreement shall be binding upon me and my heirs, legal representatives, and assigns.
I warrant that (i) I am over the age of majority and have the right to contract in my own name; if not, my parent or guardian is doing so on my behalf and consents to the terms of this Agreement and may not revoke such consent, (ii) I have had the opportunity to confer with counsel of my choosing, and (iii) I (or my parent or guardian) have read, understood, and agree to be bound by the terms of this Agreement.