This PHOTOGRAPH AND VIDEO RELEASE (this “Release”) is hereby entered into by and between Myself (as defined below) and Mode Miami LLC, a Florida limited liability company with principal place of business at 117 NE 1st Ave, Miami FL 33132 (“Mode Miami”). In exchange for being allowed to participate in the Event, and for other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, I hereby freely and voluntarily agree to the following:
1. Acknowledgement. I hereby acknowledge and understand that photographs and/or video may be taken by agents of Mode Miami at the Event, which photographs and/or video may then be used by Mode Miami for various purposes, including but not limited to, promotional purposes. I understand this includes, but is not limited to, photographs and/or video of persons attending the Event, including of Myself.
2. Permission. I hereby grant to Mode Miami, its successors in interest, licensees, and assigns, and its present and future officers, directors, shareholders, interest holders, members, managers, partners, attorneys, agents, contractors, employees, and representatives, the permission and right to take and create photographs, digital images, drawings, renderings, voices, sounds, video recordings, audio clips, other still and/or movie images (in all formats) and other graphical depictions, incorporating My image, My likeliness, and sound of My voice, in any and all media, whether now known or hereafter created (such content created by agents of Mode Miami shall hereinafter be referred to as the “Content”).
3. Rights. I hereby agree that Mode Miami shall have full rights in and to the Content. I hereby grant to Mode Miami any and all rights I may have in the Content, and agree that all rights in and to the Content, including the copyright, are and shall remain the sole property of Mode Miami, free and clear from any claims by Me or anyone acting on My behalf. Mode Miami’s rights in the Content include, but are not limited to, the irrevocable, world-wide, unrestricted rights, in perpetuity, to: use, re-use, copy, publish and re-publish the Content; alter, edit, modify or otherwise change the Content with textual matter and/or with other pictures and/or media; use the Content for illustration, promotion, art, editorial, advertising, trade, publishing, distribution, exhibition or any other purpose whatsoever.
I understand that any photographs and/or videos taken of Myself at the Event may end up on Mode Miami’s electronic media, including the miamibarcrawls.com website, and on its social media pages.
4. Waivers. I hereby waive any and all rights I may have to inspect or approve any finished Content or printed electronic matter that may be used in conjunction with the Content now or in the future, whether that use is known to Me or unknown; I waive any right I may have to receive notification before or after any publication of the Content; I waive any right I may have to ask for the Content to be returned; and I waive any right to royalties or other compensation arising from or related to the use of the Content.
5. Release. I hereby release and forever discharge, Mode Miami, its successors in interest, licensees, assigns, and its present and future officers, directors, shareholders, interest holders, members, managers, partners, attorneys, agents, contractors, employees, and representatives, including any firm authorized by Mode Miami to publish and/or distribute a finished product containing the Content, from all Losses which I may have, now or in the future, in connection with Mode Miami’s taking, processing, publication, or use of the Content, or any changes made thereto (including any blurring distortion, alteration, optical illusion or use in composite form), and including, without limitation, any claims for libel or violation of any right of publicity or privacy.
6. Miscellaneous. This Release shall be binding upon Myself, and upon my spouse, heirs, executors, personal representatives, executors, administrators, legal representatives, successors, and assigns. If any provision of this Release shall be deemed unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this Release and shall not affect the validity and enforceability of the remaining provisions, and the invalid or unenforceable provision shall be replaced by a valid and enforceable provision. This Release shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of Florida, without regards to its conflict of laws principles. The Parties agree to submit all of their disputes arising out of or in connection with this Release to the exclusive jurisdiction of the state and federal courts located in Miami, Florida.
7.1. “Mode Miami” shall mean Mode Miami LLC, the Florida limited liability company with principal place of business at 117 NE 1st Ave, Miami FL 33132, and which entity is putting on the Event.
7.2 “Event” shall mean the actual ‘Miami Bar Crawls’ bar crawl that I am currently signing up for, and would like to participate in;
7.3 “Myself”, “My”, “Me”, “I” shall mean me, the person who is currently signing up for the Event, who would like to participate in the Event, and whose identifying information is reflected in the online form that is used to register for the Event.
7.4 “Losses” shall mean any and all losses (economic and non-economic), demands, damages (including direct, indirect, incidental, special and/or consequential), liabilities of any kind, deficiencies, claims, actions, causes of action of any kind or any nature), judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees.