I have agreed to appear in the video or picture that was video-taped, filmed, or otherwise recorded by me and hereby submitted (the “Submission”) to Oru Kayak, Inc. I hereby consent to the use of my name, likeness, voice, and other personal characteristics as included in the Submission, in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in connection with the public performance, public display, exhibition, sale, broadcast, distribution (by any means, including, without limitation, rental, lease or lending) and exploitation, and any other use of the Submission, any portion thereof, or any work based on the Submission, including in connection with advertising, publicity and related promotional purposes related to the Submission or to Oru Kayak. I hereby grant Oru Kayak permission to utilize the Submission, or any portion thereof, in any and all lawful manner, including in a commercial or other advertising and publicity purpose for Oru Kayak, and media throughout the world in perpetuity and to combine the Submission with other works.
I agree that the Submission may be used in its entirety, edited (or deleted) in the sole and absolute discretion of Oru Kayak. I expressly release Oru Kayak, its agents, employees, licensees and assigns from and against any and all claims which I, or any other person(s) who appear in the Submission, have or may have for invasion of privacy, defamation or any other cause of action arising out of production, distribution, use or exhibition of the Submission. This release shall be interpreted under California law, without application of conflict of laws provisions. I represent and warrant that (a) I am at least 18 years old, and have the right to enter into this contract in my own name without any other approvals. I am not a member of any performing rights guild. I understand and acknowledge that I will not be entitled to any compensation in connection with Oru Kayak’s exercise of the rights granted herein and that this Personal Release does not entitle me to any compensation in connection with the Submission. This agreement shall be binding upon me, my heirs, legal representatives, assigns, transferees and successors in interest.
Finally, I affirm, represent, and/or warrant that I own or have the necessary licenses rights, consents, and permissions to use and authorize Oru Kayak, Inc. to use all patent, trademark, trade secret, copyright or other proprietary right in all video entries to enable inclusion and use of the Submission in the manner contemplated by Oru Kayak. I further agree that I will not submit material that is copyrighted, protected by trade secret, or is otherwise subject to third party proprietary rights, including privacy and publicity rights, unless I am the owner of such rights or have permission from their rightful owner to submit the material to Oru Kayak and to grant Oru Kayak of all the license rights granted herein. I also warrant that any third parties that appear in the submission have consented to such submission and agree to be bound by the terms and conditions of this Release and I hereby indemnify Oru Kayak from any third party claims that may arise from the Submission.