AUTHORIZATION + CONSENT

I (OWNER), agree to the following:

 

  1. To submit only photographs, video, audio, logos, trademarks, copyrighted content, insignia, and other forms of digital media (collectively IMAGES) to Substance Media, Inc. and its parents, affiliates, successors and assigns (collectively herein, “SUBSTANCE”) that is lawfully obtained by me.

  2. That SUBSTANCE may use such IMAGES of me, with or without my name, and for any lawful purpose, including purposes such as advertisement, publicity, or web content.

  3. That the IMAGES may be combined with other images, text, and graphics; and cropped, altered or modified.

  4. That no special compensation will be provided to me for use of the IMAGES and that I may not be informed in advance of the specific use of these IMAGES.

  5. To waive all my rights to inspect and approve the usage of the IMAGES.

  6. That SUBSTANCE is not obligated to use any of the IMAGES if it does not see fit.

  7. That I am responsible for obtaining any and all clearances, permissions, consents, and/or waivers for any and all parties, their likeness, trademarked logos, or insignia, utilized and submitted in the IMAGES; as well as any and all clearances from third parties that is utilized and necessary in the IMAGES.

  8. To assign and hereby assign any rights in these IMAGES to SUBSTANCE.

  9. That SUBSTANCE may use the IMAGES in connection to any advertisement materials or projects in connection with SUBSTANCE (collectively MATERIALS). In which (unless otherwise agreed upon), SUBSTANCE will be the exclusive owner of the MATERIALS and shall have the right, throughout the world, an unlimited number of times in media, non broadcast, in perpetuity; to copyright, to use and to license others to use, in any manner, all or any portion of the MATERIALS.

  10. To release, defend, indemnify and hold harmless SUBSTANCE from and against any and all causes of action, claims, demands, and liabilities (including, without limitation, reasonable outside attorneys’ fees) (collectively, “CLAIMS”) resulting in any manner from usage of the or from a breach of my warranties, representations or obligations hereunder.

  11. That any CLAIMS that may arise from this AUTHORIZATION + CONSENT  shall be governed by and construed in accordance with the laws of the State of California applicable to agreements entered and to be wholly performed therein. Any controversy or CLAIM arising out of or relating to this AUTHORIZATION + CONSENT or the validity, construction or performance of this AUTHORIZATION + CONSENT or the breach thereof, shall be resolved by binding arbitration conducted by JAMS. The prevailing party shall be entitled to recover its reasonable outside attorneys’ fees and costs. Any proceedings held pursuant to this section shall be conducted in Los Angeles, California.

 

 

I (OWNER), attest to the following:

 

  1. That I am the rightful and lawful owner of all IMAGES submitted by me to SUBSTANCE.

  2. That the usage of these IMAGES will not violate nor infringe upon the rights of any (including third) party.

  3. That I have already acquired all permissions, consent, and waivers required by other or third parties affiliated in these IMAGES at the time of this submission.

  4. That all digital content contained in the IMAGES or otherwise submitted by me is either free from copyrighted/trademarked material or I am the owner of the copyright(s)/trademark(s) affiliated in these IMAGES.

  5. That I acknowledge that SUBSTANCE will rely on this permission, potentially at substantial cost to SUBSTANCE. Therefore, I voluntarily release SUBSTANCE and discharge, waive, and relinquish any CLAIMS (including, but not limited to, any proceedings and/or actions relating to personal injury, property damage and/or wrongful death) relating to the usage of these IMAGES whether caused by negligence or otherwise, or relating to the exercise of the rights granted in this AUTHORIZATION + CONSENT.

  6. That I am over 18 years of age; in sound physical, mental, emotional, and psychological health; and have the right to enter into this AUTHORIZATION + CONSENT and attest to the above.