For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby irrevocably grant to Whistling Kettle Online, LLC, its affiliated entities, licensees, successors, assigns and those acting under its permission or upon its authority (collectively, “The Whistling Kettle”), my consent and the absolute, unrestricted and irrevocable right and permission to reproduce, broadcast, distribute, edit, publish, exhibit, disseminate and use in any way forever and throughout the world the Content (as described below) and to use my actual or simulated voice, biography, image and/or likeness, as applicable, in whole or in part, whether or not in conjunction with my own or fictitious name, and any reproduction thereof, made through any medium or media now known or hereafter devised in connection with, and as part of, the production described below (the “Production”) and for any other purpose whatsoever related thereto, including, without limitation, the right to use or authorize the use of any portion(s) of the Production containing the Content hereunder in other productions and projects. I hereby assign to The Whistling Kettle all right, title and interest in any photographs, images, videos and recordings made in connection with the above for exploitation by The Whistling Kettle in any and all media of any nature whatsoever now known or hereafter devised, along with full rights of assignability. Such right and permission shall be exercisable (in whole, in part or not at all) at the discretion of The Whistling Kettle. I hereby waive any right that I may have to inspect or approve the Production or any finished product or the use to which such finished product may be applied. Any acknowledgment or credit of me in connection with the Production, if any, shall be determined by The Whistling Kettle in its sole discretion.
To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from The Whistling Kettle’s exercise of its rights under this consent and release agreement or the production, exhibition, advertising, promotion, exploitation, or other use of the Content, and covenant not to make or bring any such Claim against The Whistling Kettle, and forever release and discharge The Whistling Kettle, and its officers, directors, shareholders and representatives, from liability under such Claims.
No breach of this consent and release agreement or violation of my rights shall entitle me to terminate or rescind the rights granted to The Whistling Kettle herein, or to enjoin the production, exhibition or other exploitation of the Content. My sole remedy in the event of The Whistling Kettle’s breach hereof will be strictly limited to the right, if any, to recover compensatory monetary (but not punitive or consequential) damages in an action at law, and in no event shall any of the rights acquired or to be acquired by The Whistling Kettle hereunder be affected or impaired.
I represent and warrant to The Whistling Kettle that I am at least eighteen (18) years of age, and I have full right, power, and authority to enter into this consent and release agreement and grant the rights hereunder. I further represent and warrant to The Whistling Kettle that I will provide only true and correct statements and other information relating to the Content, and The Whistling Kettle’s use of the Content will not violate any right (including, without limitation, copyright, trademark, right to privacy, or right of publicity) of, or conflict with, or violate any contract or agreement with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required. I agree to defend, indemnify, and hold The Whistling Kettle harmless from and against all claims by third parties resulting from my breach or alleged breach of this consent and release agreement or any of the foregoing representations and warranties.
This consent and release agreement shall be construed and interpreted pursuant to the laws of the State of New York applicable to agreements made and performed entirely therein. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Albany County, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
Content: Product review
Production: The Whistling Kettle advertisements and promotional materials in any medium
