PUBLICITY WAIVER AND RELEASE AGREEMENT (the “Agreement”)
Stash Financial, Inc. (“Company”) desires to record and/or use the performance, name, image, voice, likeness, persona, appearance, information and other personal characteristics and/or information of or about (collectively, the “Persona Rights”) you (the “Individual”), and to use and otherwise exploit the media or content in which such Persona Rights are fixed (the “Content”), in connection with the advertising, promotion of the Company and for other commercial purposes.
In consideration for participating in the materials and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Individual hereby irrevocably permits, authorizes and licenses Company and its affiliates, successors and assigns, and their respective licensees, advertising agencies, promotion agencies and the employees, officers, directors and agents of each and all of them (“Authorized Persons”), to display, publicly perform, exhibit, create derivatives from, broadcast, transmit, reproduce, record, digitize, transform, modify, alter, edit, adapt, license, and otherwise use and permit others to use Individual’s Persona Rights and Content, in works, materials and advertisements that incorporate any of the foregoing (“Materials”), on a perpetual basis, with rights to sub-license through multiple tiers, throughout the world and in any medium or format now existing or hereafter created, for purposes including but not limited to sale, advertising, public relations, publicity, packaging and promotion of the Company’s products and services, and for other purposes determined by Company, without further consent or any additional royalty, payment or other compensation.
Individual has no right to review or approve Materials or Company uses, and Company has no liability to Individual for any editing or alteration of the Materials or for any distortion or other effects resulting from the Company’s editing, alteration or use of the Materials, Content or Persona Rights. This Agreement irrevocably transfers and assigns to the Company the entire right, title and interest of Individual, if any, in and to the Materials and all copyrights or interests in the Materials arising in any jurisdiction. Individual irrevocably waives all legal and equitable rights relating to use of the Materials, Content or Persona Rights, including but not limited to claims for defamation, invasion of privacy, rights of publicity, intrusion, false light, physical or emotional injury or distress, or any claim or cause of action under any legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the exercise of rights by Authorized Persons under this Agreement for the use and exploitation of the Materials, Content or Persona Rights. Individual will not make or bring any such Claims against any Authorized Person and forever releases and discharges the Authorized Persons from liability with respect to such Claims.
Individual represents and warrants that he/she has the right and authority to grant to Company the rights, licenses and permissions contained herein, and that the use by Company of such Persona Rights and Content will not infringe upon any third-party’s rights.
This Agreement shall be governed in accordance with the laws of the State of New York, without reference to conflicts of laws, and constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein. This Agreement is binding on and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns.