/
Through this Media Release (“Release”), for good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), I hereby grant to Making Waves Education Foundation (“MWEF”) and its respective affiliates and designees the worldwide, perpetual, irrevocable, transferable, sublicensable, fully paid-up right to use my name, likeness, image, voice and/or appearance (“Image”) in connection with the creation and use of Approved Media (as defined below), in any form of media applicable to such Approved Media (whether now known or developed in the future) and for any purpose (including promotional purposes and on social media).
I acknowledge that I will not receive any compensation in connection with my Image or the Approved Media, and I hereby release MWEF and their affiliates and their respective designees, agents and assigns from all claims that arise out of or are in any way connected with my Image or the Approved Media, or any use thereof. To the extent my Image is used with or incorporated into any Approved Media, I acknowledge and agree that, as between, on one hand, MWEF, and, on the other hand, me, MWEF is the owner of all Approved Media (including any intellectual property rights in and to the Approved Media), and I hereby assign and agree to assign to MWEF any and all right, title or interest that I may have in the Approved Media, and agree to take any acts that MWEF deems appropriate to effect or enforce such rights.
I hereby approve and agree to my participation in audio and/or video recordings, film, photos, still images, interviews, articles, testimonials, other texts or publications, and/or other creative projects (collectively, the “Approved Media”).
I acknowledge and agree that this Release is governed by the laws of the State of California without regard to the conflict of laws provisions thereof. Any action or proceeding by a party hereunder seeking to enforce any provision of, or based on any right arising out of, this Release may be brought against any of the other parties hereunder only in the federal or state courts in the State of California, Contra Costa County and I consent to the exclusive jurisdiction of such courts (and the appropriate appellate courts) in any such action or proceeding and waive any objection to venue laid therein. If any provision of this Release is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable, and such holding will not impair the validity, legality, or enforceability of the remaining provisions. MWEF’S COMBINED TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS RELEASE AND/OR ITS USE OF MY IMAGE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (1) THE AMOUNT PAID TO ME IN CONNECTION WITH THIS RELEASE; OR (2) $25.
