CONSENT AND RELEASE AGREEMENT
I hereby irrevocably grant in perpetuity to the IQAir North America, Inc., its legal representatives or assigns, affiliates and those acting under its permission and upon its authority ("IQAir"), the absolute right and permission to file registrations for copyright, use, re-use, publish and republish, and to license the right to use, re-use, depict, publish and republish my name, likeness, voice, picture and depiction in connection with an audio-visual recording of my testimonial related to the IQAir air purification system and edit such testimonial in its sole and absolute discretion, in any medium or form of distribution without restriction as to changes or transformation in conjunction with my own or a fictitious name, made through any and all media now or hereafter known for any purposes whatsoever, including, without limitation, illustration, art, promotion, advertising or trade.
It is my understanding that the only compensation I will receive for this release is IQAir's consideration of depicting my testimonial in its advertising and other promotional materials. I acknowledge that IQAir's agreement to consider my testimonial for such use constitutes good and valuable consideration for my consent and release and will not require any further compensation therefore. Nothing contained herein shall be constituted as an obligation by IQAir to use of my testimonial in any form, and that IQAir may make such determination in its sole discretion.
3. Waiver of Approval Rights
I hereby waive any right that I may have to inspect and/or approve the finished product or the advertising copy or printed matter that may be used in connection with my likeness or testimonial or the use to which it may be applied.
4. Waiver of Rights to Copies
I agree that I have no rights to the photographs, reproductions, negatives, videos or films, and all rights to such materials belong to IQAir and that they may copyright material containing same. If I should receive any print, negative or other copy thereof, I shall not authorize its use by anyone else.
5. Release and Indemnity
I hereby release, discharge and agree to indemnify, save, defend and hold harmless IQAir and its employees or agents, affiliates, legal representatives or assigns and all persons acting under its permission or upon its authority or for whom it is acting, from any liability, costs, damages and expenses (including, without limitation, reasonable attorneys' fees) by virtue of any publication of my likeness or testimonial, including, without limitation, claims for libel or invasion of privacy, as well as any liability arising by virtue of any blurring distortion, alteration, optical illusion of use in composite form, whether intentional or otherwise, that may occur or be produced in the making of such picture or recording(s) or in any processing tending towards the completion of the finished product.
I hereby warrant that I am of full age and have every right to contract in my own name in the above regard. I warrant and represent that this consent does not in any way conflict with any existing commitment on my part. I state further that I have read the above Consent and Release prior to its execution, and that I am fully familiar with the contents thereof.
7. Binding Obligation
This agreement shall be binding upon me and my heirs, legal representatives and assigns.
This agreement constitutes the entire agreement between IQAir and me with respect to the subject matter hereof and supersedes all prior understandings, communications, and agreements between them, written or oral, regarding such subject matter. This agreement shall not be modified, nor shall any provision hereof be waived or amended, except by a written amendment duly executed by IQAir and me. A waiver of any provision hereof with respect to one event shall not be construed as continuing, or as a bar to or waiver of any right or remedy as to subsequent events. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. This agreement shall be construed in accordance with the laws of the State of California applicable to contracts entered into and wholly to be performed therein, without regard to conflicts of laws provisions. I hereby irrevocably consent to the state and federal courts in Los Angeles, California as the sole and exclusive jurisdiction.