LICENSE AGREEMENT & RELEASE
Thank you for your interest in letting Ballsy use your Post (as defined below) in its marketing. By affirmatively responding to our post, you agree to the following:
I am 18 years of age and am competent to contract in my own name that I have the authority to authorize Ballsy, and its affiliates, licensees, sublicensees, employees, agents and representatives who are acting on its behalf to use my Post (as defined herein). I read this agreement before providing my written consent and I fully understand the contents, meaning, and impact of this agreement.
I hereby permit and authorize Ballsy to use the photograph, likeness, image, video footage, caption, name, social media handle, location data, and/or any other data and/or information associated with or contained in my post on social media (collectively referred to herein as my “Post”) in any literary work, photograph, image, video, or performance for purposes related to advertising, publicizing or marketing, or for any other commercial or lawful purpose, and to use and license others to use it for such purposes anywhere in the world, without any compensation to me.
I hereby irrevocably authorize Ballsy] to distribute, display, modify, perform, reproduce, edit, alter, copy, create derivative works, exhibit, publish, or broadcast my Post at any time by means of any media, now known or hereafter known, throughout the universe in perpetuity, with or without attribution to me using my likeness, name, and/or social media handle.
I waive any right or option that I may have to inspect or approve any use of the Post or any material related thereto. I represent and warrant that: (i) I am the sole and exclusive owner of the Post and that I own all rights, title and interest in the Post; (ii) the Post does not violate or infringe on the rights of any third party; (iii) the Post has not been previously published or posted by anyone other than me; and (iv) either I am the only person (if any) whose image or likeness is shown in the Post (if any) or, if my Post contains the image or likeness of any third party, I have obtained prior permission from such individual to use their image or likeness and to grant a license to use the individual’s image or likeness, or, in the case of any minor(s), I am the parent/legal guardian of the minor(s) and agree to all the terms herein on behalf of the minor(s). I understand that if my Post contains the image or likeness of any third party, Ballsy may require that I provide it with the permission for such use, including its use of such Post, in a form satisfactory to Ballsy. I waive and release any claim I may now have or may have in the future against Ballsy, any of its affiliates, subsidiaries, officers, directors, attorneys, accountants, employees, and representatives who may be involved in the creation, use or dissemination of my Post relating to or arising out of the use of such Post and any material related thereto including, without limitation, any claims for compensation, libel, infringement of intellectual property rights, or violation of any right of publicity, privacy or moral rights. Ballsy may transfer or assign this agreement and any or all of its rights and obligations hereunder without consent. I also understand that any use, including the broadcast and publication, of my Post is within the sole discretion of Ballsy and it may decide not to create or use my Post at all. I understand that Ballsy will not compensate me or anyone else who appears in the post. I acknowledge and agree that the privilege of having my Post displayed or otherwise used by Ballsy is sufficient consideration for this agreement. This is the entire agreement with respect to the subject matter herein. No other authorization is necessary to enable Ballsy to use my Post for the purpose contemplated. Nothing in this contract shall limit or restrict any rights otherwise enjoyed by Ballsy under law or contract.
I agree to indemnify and hold harmless Ballsy, its affiliates, licensees, sublicensees, employees, agents and representatives from and against any and all claims, actions, demands, damages, liabilities, costs and penalties, including reasonable attorney’s fees, arising out of or related to the Post and its use thereof, including, but not limited to (i) the breach or alleged breach of any of my representations or warranties contained in these terms or (ii) the actual or alleged infringement, misappropriation, or violation of the right of any third party, including, without limitation, intellectual property rights, right of privacy, and right of publicity.
Further, I represent that any statements, remarks, claims, or actions contained or depicted in my Post reflect my honest opinion and experience.