Photo Release for Minors
1. I, being Parent/Guardian (natural guardian or court appointed legal guardian) of minor/Ward ...mentioned above, expressly grant the following rights and permission to The Arts Corner/The Arts Corner KIDZ Network Inc. and its owners, officers, directors, shareholders, representatives, employees, agents, legal representatives, assigns, successors, including those acting with the authority and permission of The Arts Corner/The Arts Corner KIDZ Network Inc. (hereafter referred to as '"Parties"'). The "Parties" have the absolute right and permission to take, use, reuse, publish, or republish the following: photographic portraits, pictures, videotapes, motion picture films, audio
recordings, and any and all media (hereafter collectively referred to as "Media"), whereby the minor may be included in whole or in part, for any lawful purpose including but not limited to: advertising, art, trade and the promotion of Goodwill of the "Parties." Additionally, the "Parties" have the absolute right and permission to take, use, reuse, publish, or republish the Media by transmission through any medium, including but not limited to the Internet.
2. The "Parties" have the ultimate discretion to determine whether changes, alterations, and distortions shall be made to media, including but not limited to: changes in color, size, shape, context, background, format, and/or foreground. I specifically consent to the use of printed matter/published matter in conjunction with the Media, and I waive any and all rights that the minor or I have to inspect the finished Media product prior to its transmission through any medium.
3. The "Parties" and the Parent/Guardian (natural guardian or court appointed legal guardian) agree that the laws of the State of Florida shall be utilized in construing this Agreement and in enforcing the rights and remedies of each respective party. Any litigation arising out of a dispute concerning the Agreement shall be litigated in Flagler County, Florida. The Parties agree to venue in that jurisdiction for all such disputes concerning this Agreement. If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party's reasonable attorney's fees and costs incurred both at trial and on any appeal.
4. Both the "Parties" and the Parent/Guardian (natural guardian or court appointed legal guardian) have taken all actions and obtained all authorizations, consents, and approvals, as are conditions precedent to their authority to execute this Agreement and thus warrant that they are fully authorized to bind the Party for which they execute this Agreement.
5. The "Parties" and the Parent/Guardian (natural guardian or court appointed legal guardian) hereby incorporate the Recitals set forth above as an integral part of this Agreement and acknowledge the truth and accuracy of those Recitals.
6. This Agreement is the entire, final, and complete agreement of the "Parties" and the Parent/Guardian (natural guardian or court appointed legal guardian) relating to the subject of this Agreement, and it supersedes and replaces all prior or existing written and oral agreements between either party or their representatives relating thereto. No amendment or modification of this Agreement shall be effective unless in writing, executed by both the "Parties" and the Parent/Guardian (natural guardian or court appointed legal guardian) whose interests are affected by the modification.
7. If any provision of this Agreement is held to be invalid or unenforceable, all remaining provisions will continue in full force and effect.
8. I release, discharge, and agree to hold harmless and defend "Parties," specifically intending to bind both minor and me, from any liability by virtue of any reason in connection with the making and use of such Media, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said Media or in any subsequent processing thereof, as well as any publication of them, including, without limitation, any claims for libel or violation of any right of publicity or privacy. I hereby expressly acknowledge that I have both mental and legal capacity to execute this agreement on behalf of the minor, as I am a legally competent adult (18 years or older) who is a parent or a legally appointed guardian of the minor. I have read this Agreement and have consulted with my respective attorneys concerning its contents and legal consequences and have requested any change in language necessary or desirable to effectuate my intent and expectations so that the rule of construction of contracts construing ambiguities against the drafting party shall be inapplicable. This release shall be binding upon the minor and me, and our respective agents, representatives, executors, administrators, trustees, personal representatives, partners, directors, officers, shareholders, agents, attorneys, insurers, employees, representatives, predecessors, successors, heirs and assigns. I expressly acknowledge that I have entered into this agreement without the presence of duress, coercion, or undue influence. The "Parties" and the Parent/Guardian (natural guardian or court appointed legal guardian) have executed this Agreement and agree to be bound by it, upon Parent's/Guardian's (natural guardian or court appointed legal guardian) electronically signing of Agreement below.