This is an Agreement between Hearts and Minds
Network, Inc. and all individual(s) specified below.
I, ______________________________, am at least 18 years old.*
I hereby give full permission for myself and my ward(s)* (referred to here as "we" and "us") to participate in programs run by
Hearts and Minds Network, Inc., its partner organizations, its licensees and assignees
(collectively referred to as "Hearts & Minds" and "them").
We also give Hearts & Minds the irrevocable, exclusive and
unrestricted rights and permission to create, copy, edit, alter, use, re-use, publish,
re-publish, license, assign and distribute all the artwork, text, photos, motion pictures,
photographic portraits and/or interviews in which we or our artwork may be included in
whole or in part as a result of our participation in Hearts & Minds' programs, whether
accurate or distorted in character or form, without restriction as to changes or
transformations (collectively, the "Released Words and Images") in conjunction
with our own names, fictitious names or no names at all.
We understand that Hearts & Minds may provide appropriate credit
to us for the work. However, Hearts & Minds reserves the right to decide the manner
in which credit is provided.
We grant to Hearts & Minds the foregoing exclusive rights
regarding the Released Words and Images in any and all media now or hereafter known,
including but not limited to any print publication, video, film, telecast, exhibition,
website and digital reproduction.
The Released Words and Images can be used for illustration, art,
promotion, public relations, fundraising, advertising, trade, stock photography, promotion
of any goods or services, or any other purpose whatsoever.
We acknowledge that Hearts & Minds is and shall be
considered the author of
all Released Words and Images under all applicable copyright laws whether foreign or
domestic and owns and shall own all Released Words and Images in all forms. If there is a
conflict between any applicable laws or an absence of comparable laws, those of the United
States of America will apply.
We hereby relinquish any right that we may have to examine or
approve: (1) the completed product or products or any associated advertising copy, printed
matter or images incorporating or associated with the Released Words and Images, (2) any
other materials or media that may be used in conjunction with the Released Words and
Images, or (3) the use to which the Released Words and Images may be applied. Also, Hearts
& Minds does not guarantee that any of the Released Words and Images will be used or
published.
We hereby release, discharge and agree to hold Hearts & Minds
harmless from any liability to us or others associated with us by virtue of any blurring,
distortion or alteration of the Released Words and Images, or use of the Released Words
and Images in composite form, whether intentional or otherwise, that may occur or be
produced in the taking of said Released Words and Images or in any subsequent processing,
publication or usage thereof. We also agree that this entire Release
Authorization and Agreement to Hold
Harmless shall continue permanently, regardless of whether any Released Words and Images
used within the scope of this Agreement cause us to ever feel embarrassed, ashamed,
degraded or otherwise injured in any manner.
If anyone makes use of our words or images in a way that is not
authorized by Hearts & Minds and that we find deeply objectionable, we can take
appropriate legal action against only those unauthorized parties. We will
continue to hold
Hearts & Minds completely harmless and free of liability, and will take no actions against Hearts & Minds,
nor require its participation in our independent legal actions.
We hereby release, discharge and agree to hold Hearts & Minds
harmless from any liability resulting from any injury or accident, regardless of cause, in
which we are involved before, during or after any events, photo shootings,
interviews or other meetings with Hearts & Minds.
Regarding our statements for possible artistic or commercial use by
Hearts & Minds, we may be asked many questions before, during or after the event(s),
but we do not have to answer any of them. We are not obligated to explain why we do not want to
answer a question. We agree to allow our statements to be quoted in whole or in part or
presented in an edited form, in any order, with or without attribution, in any media, as
long as they do not grossly distort the meaning and intention of what we said when clearly
and specifically connected with our names. Our statements and ideas may be used and
combined with others’ with complete freedom when not clearly and specifically
connected with our names.
If any disputes arise regarding this Agreement, both parties will
make every reasonable effort to resolve them by mutually acceptable, impartial conflict
resolution. If they cannot agree on an arbitrator, all conflicts shall be resolved
according to the laws of New York State and shall be brought before the courts of that
state.
This Agreement constitutes the entire Agreement between the parties
with respect to the subject matter hereof and shall supersede all previous communications,
representations, understandings and agreements, either oral or written, between the
parties or an official or representative thereof. This Agreement can only be modified in
writing and only when signed by both parties.
This entire Agreement shall inure to the benefit of Hearts &
Minds, its agents, licensees, representatives and assigns and shall be binding upon us and
our heirs, legal representatives and assigns. If any part of this Agreement is found to be
unenforceable, all remaining provisions shall remain in force.
I HEREBY AFFIRM that I
have read carefully this Release
Authorization and Agreement to Hold Harmless
prior to its execution. I had an opportunity
to have all of my questions answered completely and to fully consider
this Agreement. I completely understand and fully agree to the contents
thereof.
I am at least 18 years of age and have the legal right and
authority to contract for this Agreement for myself and any minors named
herein. I hereby release Hearts and Minds Network, Inc. from any claim
or liability whatsoever in connection with our participation in any
activities with Hearts & Minds, the use of artwork, film, other
intellectual property and accompanying disclosures.
