In consideration for allowing me, my child(ren) or ward(s) (collectively, "Minor(s)"), and any other featured individuals (together with me and Minor(s), the "Featured Individuals") to participate in the Game Faces for Good program (the "Program"), including the possibility of appearing in a National Football League visual production(s) (collectively, "Productions"), the receipt of which shall be sufficient consideration for this Release, I do hereby agree as follows:
1. The image submitted for the Program may be (but is not guaranteed to be) visible on television broadcasts of the Los Angeles Rams, LLC (the "Club") home games and in film, photographs and recordings of such games.
2. I may only submit your photo or a photo of an individual from whom I have obtained express permission to submit a photo under these Terms and Conditions. Pictures of celebrities, persons of notoriety or other third parties, in each case, that the Club reasonably believes are not your picture or a picture of someone from whom you have obtained express permission may be rejected and the Club will not be obligated to refund the purchase price.
3. All photos submitted must comply with the Photo Submission Guidelines.
4. I hereby agree, on behalf of myself and my personal representatives, heirs, successors, assigns and next of kin, as follows:
a. I hereby assign to the Club, the National Football League, each of its member football clubs, NFL Ventures, Inc., NFL Productions LLC, NFL Ventures, L.P., each of their respective parents, direct and indirect subsidiaries, affiliates, successors and assigns, and each of their respective shareholders, members, partners, officers, directors, employees, agents, representatives, sponsors, licensees and broadcast partners (collectively, the "NFL Entities"), all right, title and interest throughout the world in perpetuity in and to the images I voluntarily submitted to the Club for the Program and/or that are captured through technology provided to me by the NFL Entities (collectively the "Images"), including, without limitation, all intellectual property, trademark and copyright rights in and to the Image(s) and Personal Information as defined below.
b. I , on behalf of myself and any other individual depicted in the Images, hereby grant the NFL Entities the irrevocable, perpetual, worldwide and royalty-free right, but not the obligation, to use the name, image, likeness, voice, biographical information and any other information you submit with an Image of and about any individuals depicted in the Images (the "Personal Information"), and the Images, in the Program, the Productions and in connection with any other marketing and promotion of the Club, the National Football League and the other NFL Entities and their business operations, and in the exhibition, distribution, advertising, transmission, reproduction, sublicensing and/or other exploitation thereof, in whole or in part, by any means now known or hereafter devised. I acknowledge that the Images and Personal Information may appear in broadcasts and other distribution of Club home games (including, without limitation, in clips, highlights, replays and other portions of the games distributed online, in social media and otherwise), and that neither I nor any other person depicted in an Image shall be entitled to any compensation or any right to approve the use of the Images or Personal Information. I hereby waive all rights of inspection or approval and any moral rights.
c. I hereby represent and warrant that (i) I am at least 18 years of age or that I am the parent or legal guardian of all Minor(s) on whose behalf I am agreeing to this Release, (ii) I am the sole owner of the rights I am granting herein or have the express authorization of the rightsholder, and (iii) I have the express permission and authorization of any person depicted in an Image to submit that Image and Personal Information to the Club and to grant the rights set forth herein and to agree to this Release on their behalf.
d. I hereby consent to use of the Image(s), the Program, the Submitted Information, or any part thereof, by the NFL Entities in connection with advertising, publicizing, and exploiting any Production and acknowledge that I have no right of approval of the use of the Image(s), the Program, or Submitted Information in any Production
e. I hereby release and discharge the NFL Entities, and agree to indemnify and hold the NFL Entities harmless from and against, any and all claims, demands, actions, obligations or liabilities arising out of or in connection with the use, display, editing, production, distribution, transmission, sublicensing or reproduction of the Images or Personal Information, including, without limitation, any claims for copyright infringement or invasion of privacy or publicity.
f. TO THE FULLEST EXTENT PERMITTED BY LAW, I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER FEATURED INDIVIDUALS, AGREE TO INDEMNIFY, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS THE LOS ANGELES RAMS FOUNDATION, THE LOS ANGELES RAMS, LLC, THE OTHER NFL ENTITIES, and their respective owners, stockholders, members, directors, officers, employees, agents, affiliates, contractors, representatives, successors, heirs and assigns, and each and every person acting by, through, under, or in concert with them, or any of them (hereinafter, individually and collectively referred to as the "Released Parties") of, from and against, any and all actions, cause or causes of action, at law or equity, suits, claims, demands, damages, liability, lost cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter referred to as "Claims") that we may have or hereafter have against the Released Parties by reason of any injuries that we may sustain, whether to our person, property, and/or reputation, including, without limitation, any and all claims for copyright infringement, false endorsement, rights of publicity, defamation, and/or invasion of privacy, arising out of or in connection with the use, display, editing, production, distribution, transmission, sublicensing or reproduction of the Images or Personal Information, and/or the Submitted Information in connection with the Program and/or in any manner authorized or contemplated in this Release. I, for myself and on behalf of all of the other individual featured in any submission, further covenant not to sue or otherwise pursue any form of recovery or legal action, including arbitration, against any of the Released Parties arising from or relating to any Claim.
g. I, for myself and on behalf of all of the other Featured Individuals in any submission, acknowledge and agree that this Release is intended to satisfy any and all of the consent requirements of California Civil Code sections 3344 and 3344.1, and we hereby waive and release any and all claims that we may have or hereafter have against the Released Parties under those statutes or any other statutes or common law principles of similar effect.
h. I, FOR MYSELF AND ON BEHALF OF ALL OTHER FEATURED INDIVIDUALS IN ANY SUBMISSION, ACKNOWLEDGE THAT WE HAVE READ AND UNDERSTAND THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:
i. "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
j. BEING AWARE OF SAID CODE SECTION, WE HEREBY EXPRESSLY WAIVE ANY RIGHTS WE MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.
k. I, for myself and on behalf of all of the other Featured Individuals in any submission, agree that if I and/or any of the other individual featured in any submission, or anyone acting on our behalf, commence, join in, or in any way seek relief through any suit, action, and/or Claim arising out of, based upon, or relating to any of the Claims released hereunder, or in any way assert against the Released Parties any of the Claims released hereunder, then we will pay to the Released Parties, in addition to any other damages caused to the Released Parties thereby, all attorneys' fees incurred by the Released Parties in defending or otherwise responding to said suit, action, and/or Claims.
l. This Release shall inure to the benefit of the legal representatives, licensees, successors, and assigns of the Released Parties.
m. This Release and the Terms and Conditions shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of California. I, for myself and on behalf of all of the other individual featured in any submission, hereby (a) irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, in connection with all matters and issues arising out of the Program and/or this Release, (b) agree not to bring any claim or action except in such courts, and (c) irrevocably waive all claims, defenses, and objections based on improper venue, inconvenient forum, and/or lack of personal jurisdiction with respect to such courts. These Terms and Conditions are intended to be as broad and inclusive as permitted by law and if any portion of these Terms and Conditions is determined to be invalid, the remainder will continue in full legal force and effect. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California, without regard to conflicts of law principles. Any dispute, claim or cause of action in any way related to these Terms and Conditions or the Program shall be resolved by mandatory, confidential, final and binding arbitration in Los Angeles, California. By purchasing the Program you hereby agree that all disputes shall be arbitrated on an individual basis and waive any right to litigate or arbitrate any claims as a class action, representative action, or class arbitration. If you do not consent to this clause, you may not purchase the Program. This clause is governed by the Federal Arbitration Act.
n. If any provision of this Release shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Release shall be construed as if such invalid or unenforceable provision were omitted.
o. I, for myself and on behalf of all of the other Featured Individuals in any submission, acknowledge and agree that the NFL Entities reserve the right, at their sole discretion, to refuse to create and/or display any Program materials, including, without limitation, any Program materials that the NFL Entities deem in their sole and absolute discretion to be lewd, immoral, offensive, tasteless, or otherwise inappropriate or improper. I further acknowledge and agree that the NFL Entities are not responsible for any lost or damaged Program materials, and that any lost or damaged Program materials will not be replaced.
I, for myself and on behalf of all of the other Featured Individuals, acknowledge that we have had adequate opportunity to read this Release and to make whatever investigation or inquiry we may have deemed necessary or desirable in connection with the subject matter of this Release prior to accepting it.
BY CHECKING THE BOX, I CERTIFY THAT I HAVE CAREFULLY READ THIS RELEASE AND THE PHOTO SUBMISSION GUIDE LOCATED BELOW, AND THAT I AM COMPETENT TO ACCEPT THE TERMS HEREIN AND THEREIN, ON BEHALF OF MYSELF AND THE OTHER FEATURED INDIVIDUALS IN ANY SUBMISSION, WITH FULL UNDERSTANDING OF THEIR CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE RELEASED PARTIES AND BY ACCEPTING AND SUBMITTING THIS RELEASE, I AGREE TO BE BOUND BY THE TERMS OF THIS RELEASE AND DO SO ON MY OWN FREE WILL.
Photo Submission Guidelines
1. No commercial advertising, including company names, apparel brands, hashtags, social media handles, phone numbers, logos, slogans or other branding.
2. Club-branded attire only. No third-party branding, including on apparel and in photo backgrounds. No attire or other branding of NFL clubs or sports teams other than the Club.
3. No political statements, logos, slogans or other political content.
4. No offensive or negative comments about the Club or other NFL clubs or sports teams.
5. No lewd, inappropriate or offensive photos.
6. No arms raised in photos.
The Club reserves the right to reject any photo that it determines, in its sole discretion, violates these guidelines or is otherwise offensive, lewd, derogatory, infringing, discriminatory or otherwise inappropriate. The Club will not be obligated to provide the purchaser a refund if a submitted photo is rejected for any of these reasons.