Marketing Release for Individual
I, the undersigned, provide this Marketing Release (“Release”) to Meta Platforms, Inc., and its affiliates, agents, and licensees (“Meta”) and agree as follows:
1. Permissions. Meta may film, record, illustrate, and photograph me (the results of which are the “Recordings”). Meta may also incorporate into any production(s) the Recordings and any separate content (e.g., quotes, testimonials, profiles, photos, videos, sound recordings, artwork, etc.) I or my Authorized Agent provide to Meta or approve in writing, including by electronic message (“Materials”). I grant to Meta an irrevocable, perpetual, worldwide, royalty-free license to (i) edit, translate, and modify the Recordings and the Materials, (ii) attribute the Recordings and Materials to me by my name, age, and city and state of residence, (iii) use my name, voice, likeness biographical information and other indicia of my identity as included in the Recordings and/or Materials, (iv) incorporate the Recordings and the Materials into content to promote Meta, its programs, or products (“Content”), and (v) publicly use, distribute, reproduce, create derivative works from and perform/display the Content, and any excerpts thereof, in any language and in all formats or media existing now or in the future.
2. Compensation. I grant these permissions to Facebook without any financial or other obligation of any nature from Facebook.
3. Reps and Warranties; Indemnification. Meta owns the copyright in the Recordings and the Content, subject to my preexisting rights, if any. Meta is not obligated to use the Recordings or Materials. I will not attempt to enjoin or otherwise impair Meta’s use of the Recordings or Materials that is in accordance with this Release. I represent and warrant that (i) I have all necessary rights and licenses to grant these permissions, (ii) my Materials will not infringe the copyright, trade secret, trademark, or right of publicity/privacy of any third party, and (iii) any testimonials or statements I provide are voluntary, reflect my honest opinions or experiences, are true and correct, and I agree to notify Meta if they are no longer correct. I agree to indemnify and hold Meta harmless from and against all third-party claims arising out of my breach of these representations and warranties.
4. Limitation of Liability. EXCEPT FOR AN INDEMNIFICATION CLAIM, NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO THIS RELEASE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.
5. Data Protection. Meta may collect my personal data in the form of my personal details (including my name, address, etc.) and where relevant, sensitive personal data I provide and visual and/or audio recordings and still images of me in connection with the Recordings, Materials and any related Content. I hereby acknowledge that Meta requires, and will process, such data as needed for the performance of this Release. This may include sharing this data with Meta companies and its production partners. Meta may store my data until it is no longer necessary for the purposes for which it has been collected. For more information on the foregoing, including my data rights (such as requests to access, correct, or object to certain processing activities), I may visit the Meta Data Policy or contact Meta, and if I am a California resident, I may visit the Meta California Privacy Notice.
6. Miscellaneous. This Release (i) is not subject to any guild or other collective bargaining agreement, (ii) will be binding upon and will inure to the benefit of the parties’ successors, and (iii) will be governed by the laws of California (excluding its conflict of laws rules). In the event of a dispute, the parties’ consent to the exclusive jurisdiction in the state and federal courts located in San Mateo County, California and the Northern District of California. This Release constitutes the parties’ complete agreement on the subject matter and supersedes all prior understandings, agreements, and discussions. It may only be modified in writing signed by both parties. If any provision(s) of this Release is held unenforceable, this Release will continue in full force and effect without that provision, and the parties will negotiate in good faith to amend this Release to reflect the original intent of the parties.
ACCEPTED & AGREED TO BY:
Individual
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Complete the following if the above individual is under 18 years of age or otherwise not the age of majority: I represent that I am the parent or legal guardian* of the above minor individual, and I consent to him/her entering into this Release and agree to have him/her bound by its terms. *Caretakers, nannies, and similar persons are NOT legal guardians.
PARENT OR LEGAL GUARDIAN
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Complete the following if the above individual has an agent: I agree to be bound by the terms of this Release and my signature below further confirms that the countersigned individual below is my approved agent and may act on my behalf to provide and/or approve the usage of Content pursuant to this Release (“Authorized Agent”).
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