This Testimonial Release Agreement (“Agreement”), dated March 2023 is made by and between Alexis Bjelica LLC (“Company”) and You (“Participant”) (collectively the “Parties”).
a. Participant agrees, consents, grants and authorizes the Company to use
his/her name and likeness, along with written testimony and any material
furnished by Participant including but not limited to photographs, videos,
written statements, in whole or in part in connection with any advertisement or
promotional products and or services. Participant furthermore grants Company the right to publish, exhibit and distribute the
use of Participant’s name, appearance, written or recorded testimonial and/or
likeness along with any material furnished by Participant, in whole or in part,
world-wide, for any commercial purpose, including but not limited to the
advertising or solicitation of business, by any means of mass and/or electronic
media, including but not limited to print, promotional materials, events and/or
marketing plans, now or at any time in the future.
b. Participant agrees that it has no rights to the publication,
photographs, reproductions, or promotional tools, and all rights to such
materials belong to Company.
c. Participant furthermore waives the right to inspect or approve any
photographs, videos or electronic materials used.
For valuable consideration, the adequacy of which is acknowledged by Participant, Participant waives his/her right to receive compensation or any other kind of benefit or renumeration, now or at any time in the future, for his/her testimonial unless a separate written document is executed.
a. If a dispute should arise under this Agreement, the parties agree to
attempt to resolve the dispute, claim or controversy through arbitration and/or
a suitable Alternative Dispute Resolution located in Evergreen, CO,
regardless of the location of the Participant, and agree to be bound by the
decision(s) of the selected Mediator as set forth in the Mediation Agreement.
b. The Parties agrees to participate in good faith in the mediation process
and failure to do so may result in the Company’s right to pursue any other
available legal remedies, including but not limited to alternate forms of
dispute resolution or litigation.
c. This Agreement shall be governed and constructed in accordance with the
laws of the State of Evergreen, CO, regardless of where the conflict may have arisen and
the laws and principles thereof.
d. Any costs and fees associated with the mediation shall be paid in
accordance with the terms of the mediation agreement.
e. Should an arbitrator determine any portion of this Agreement is invalid
or otherwise unenforceable, both parties agree all remaining portions of this
Agreement shall remain valid, unaffected and enforceable.
f.
Both Parties agree, that should a dispute arise,
both Parties are prohibited from publicly or privately discussing the matters
leading up to the dispute, resulting in the dispute, or the final terms and
conditions of the Mediation Agreement.
This Agreement constitutes the entire agreement
between the Participant and the Company with respect to its relationship and
supersedes all prior oral or written agreements, understandings and
representations to the extent that they relate in any way to terms of this
Agreement. Neither course of performance, nor course of dealing, nor usage of
trade, shall be used to qualify, explain, supplement or otherwise modify any of
the provisions of this Agreement. No amendment of, or any consent with respect
to, any provision of this Agreement shall bind either party unless set forth in
a writing, specifying such waiver, consent, or amendment, signed by both
parties. The headings of Sections in this Agreement are provided for
convenience only and shall not affect its construction or interpretation.
Participant agrees to indemnify and hold harmless the
Company, its employees, officers, directors, agents, personnel, other
independent Participants and affiliates, from any and all claims, losses,
demands, causes of action, damages, lawsuits, judgments, including attorneys’
fees and costs, arising out of, or relating to, the Participant’s services or
actions under this Agreement. Participant agrees to defend against any and all
claims, demands, causes of action, lawsuits, and/or judgments arising out of,
or relating to, the Participant’s services under this Agreement, unless
expressly stated otherwise by the Company, in writing.
Both Parties agree that should any provision of this
agreement be or become invalid, unenforceable or illegal under applicable law,
all remaining provisions of this Agreement shall remain valid and unaffected
and shall remain in full force and effect.
This Agreement may be executed in one or more
counterparts (including by means of facsimile or electronic mail via portable
document format), each of which shall be deemed an original, but all of which
together will constitute one and the same instrument.
The waiver or failure of Company to exercise in any
respect any right provided for herein shall not be deemed a waiver of any
further right hereunder.
Participant herby grants and conveys to Company all right, title, interest in and to record Participants name, image, testimonials and/or story provided to Company.
By acknowledging this Agreement, Participant indicates that he/she has read the full Agreement.
