Likeness and Bio Release
The Client grants The Fiery Well the right to use the Client’s image, visual likeness, portrait, photograph, video and sound recordings (collectively referred to as "Likeness") in all forms and media. The Client grants The Fiery Well the right to use the Client’s biographical information ("Biographical Information"), including, but not limited to name, age, location, and other personal information conveyed to The Fiery Well. Such Likeness and Biographical Information will be used for the purposes of a State your purpose (ie blog, etc) (the “Material”).
The Material may be published on certain channels, including but not limited to:
- Blog post written by The Fiery Well, to be published on thefierywell.com;
- Photos provided by “Client” to be published on thefierywell.com, Threads, Twitter, Facebook, Instagram, Pinterest, YouTube, or other social media channels;
- Video provided to The Fiery Well to be published on Threads, Twitter, Facebook, Instagram, and YouTube;
- Mentions on The Fiery Well social media channels.
The Fiery Well agrees to only use the Client's Likeness and Biographical Information in connection with the above uses and for no other purpose or purposes without the prior written consent of Client.
The Client represents and warrants that they have the right to grant The Fiery Well the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of The Fiery Well. The Client hereby releases the The Fiery Well from, and agrees not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the use of the Material or the exercise of any of the rights referred to herein. The Client agrees to indemnify and hold harmless The Fiery Well, and its officers, directors, shareholders and employees, from and against any liabilities, losses, claims, demands, costs (including, without limitation, attorneys' fees) and expenses arising in connection with any breach or alleged breach of any of the above representations, warranties or agreement hereunder.
The Client acknowledges that, in the event of any breach by The Fiery Well or any third party, the damage, if any, caused will not be irreparable or otherwise sufficient to entitle the Client Name to seek injunctive or other equitable relief. The Client’s rights and remedies will be strictly limited to the right, if any, to recover damages in an action at law, and the Client will have neither the right to rescind or terminate this agreement or any of The Fiery Well‘s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Materials.
This contract is governed by and construed in accordance with the laws of the State of Ohio, without giving effect to its conflict of laws. The nearest state and federal courts to Montgomery County, Ohio shall have exclusive jurisdiction over any case or controversy arising from or relating to The Fiery Well, including but not limited to this Agreement. The Client agrees to submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. Neither party may transfer its rights or obligations under this agreement to anyone else unless the other party agrees in writing. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The terms of this contract may only be modified in writing signed by both parties. In any dispute involving the subject matter of this agreement, whether or not in a formal court or arbitration proceeding, the prevailing party will be entitled to recover its full attorney’s fees, expenses, and costs from the other party.