The Color Run, LLC, a Delaware limited liability company (the “Company”), desires to use and publicize certain personal characteristics and information of photos and/or videos I am submitting to its website for advertising, promotion and other commercial and business purposes. In exchange for the intangible value I will gain by participating in Company’s publicity programs and other good and valuable consideration, I agree as follows:
- I hereby irrevocably authorize Company and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfilment agencies, and the employees, officers, directors, and agents of each and all of them (collectively, “Authorized Persons”), to publicly display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works of, exploit, sell, rent, license, otherwise use and permit others to use my name, image, likeness and appearance, voice, and other personal characteristics and information and all materials created by or on behalf of Company that incorporate any of the foregoing (“Materials”) on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created, including without limitation on the Internet, and for any purpose, including without limitation advertising, public relations, publicity, and promotion of Company and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.
- I acknowledge and agree that I have no right to review or approve Materials before they are used by Company, and that Company has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from Company’s editing, alteration, or use of the Materials. Company has no obligation to use the Materials or to exercise any rights given by this Publicity Waiver & Release.
- To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all past, present and future liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for defamation, invasion of rights of privacy or publicity, intrusion, false light, or any similar claim or cause of action in tort, contract, or any other legal theory, now or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights hereunder and the use and exploitation of the Materials, and I hereby covenant not to make or bring any such Claim against any Authorized Person and forever release and discharge the Authorized Persons from liability under such Claims.
- This Publicity Waiver and Release is binding on my heirs, executors, successors, and assigns.
THIS PUBLICITY WAIVER AND RELEASE PROVIDES COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, ALLOWING COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR PERSONAL CHARACTERISTICS AND INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS PUBLICITY WAIVER AND RELEASE AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY.