I understand that I am being considered as a participant (a “Participant”) for the Webinar entitled “Have A Great Dream DREAMINAR®” (the “Webinar”) led by [Layne Dalfen] [DICI] (together with its directors, officers, employees, agents, representatives, parents, assigns, subsidiaries and affiliated companies, individually and collectively, “Producer”) and intended for initial broadcast on the Have A Great Dream web site (“HAGD Website”) or such other media as determined by Producer in its sole discretion.
In consideration for being selected as a Participant and for other good and valuable consideration, which I have received, I hereby acknowledge and irrevocably agree to the following terms and conditions, which shall govern my participation in the Webinar:
CONSENT: I understand that as a Participant in the Webinar I will be invited, agree and consent to share and recount my dreams, my thoughts, feelings and other personal and private information about myself, including in the form of interactive dialogue and interviews with other participants and the Producer. I acknowledge and accept that all such content and information will no longer be private, personal or confidential thereafter.
GRANT OF RIGHTS: I hereby irrevocably grant the Producer, without any further consideration or compensation thereto: (i) the right to interview me and to videotape, film and record such interviews and my statements and appearances therein, including my name, image, likeness, voice and other content and information in connection with the Webinar (collectively, the “Participation”) (ii) the exclusive, irrevocable and perpetual right, throughout the world, to use, reproduce, transmit, disseminate or otherwise portray or exploit my Participation, in all media, now known or hereafter devised, including any ancillary, subsidiary or derivative works and the production, exhibition, advertising, distribution, broadcasting, exploitation and publicizing thereof in any manner and by any means (including, without limitation, on the internet), (iii) the right to vary, alter, edit and modify the Participation in Producer’s sole and absolute discretion, as Producer may deem appropriate. I hereby waive in Producer’s favour any and all so-called “moral rights” and “droit moral” and any analogous rights however denominated in connection with the Participation.
MERCHANDISING: I hereby acknowledge that the Producer shall have all rights, title and interest in and to the Participation, including copyright therein, and in any and all results and proceeds derived from the use of said Participation. Producer and its licensees may use, reproduce, simulate and exploit my Participation in and in connection with any merchandising (including, without limitation, commercial tie-ins and/or publishing endeavours) whatsoever (collectively, “Merchandising”).
WAIVER AND RELEASE: I agree that (i) the Webinar is not intended for and does not provide medical or health advice; and (ii) is conducted for educational, entertainment and informational purposes only and should not be relied on for any other purpose. I hereby release and forever discharge the Producer from any and all claims, demands or causes of action that I may now have or may hereafter have for defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising from or in any way relating to any use of the Participation, or based upon any failure or omission to make use thereof.
NO CREDIT: There shall be no obligation to accord me credit in the Webinar or in any advertising and/or publicity, although Producer may from time to time elect, in its sole and absolute discretion, to accord such credit to me. Any credit granted to me shall be in a manner, type, font, format and size in Producer’s sole and absolute discretion. No casual or inadvertent failure of Producer to comply with this credit requirement shall constitute a breach of this Participant Release and Consent.
REPRESENTATIONS AND WARRANTIES: I represent and warrant that: (i) I am of the age of majority and at least eighteen (18) years of age as of the date hereof; (ii) I am free to enter into this Participant Release and Consent Form and to partake as a Participant in the Webinar; (iii) I have the right to grant the rights to Producer as herein provided; and (iv) that the dreams and all content and information I am sharing and recounting during the Participation including all material, works, writings, ideas, dialogue, stories, written, composed, prepared, submitted or interpolated by me in connection with the Webinar are wholly original with me and shall not be copied in whole or in part from any other work or person and will indemnify Producer from any claims thereto.
NON-UNION: I also represent and warrant that I am not an actor, am not being paid by any person to appear or be a Participant and not a member of any union or guild and acknowledge that the terms herein are not governed by any collective bargaining agreement.
OTHERS: This Participant Release and Consent binds my successors and assigns and contains the entire understanding of the parties relating to the subject matter hereof. This Participation Release and Consent cannot be changed, amended or modified except by written agreement executed by both parties hereto.
Nothing herein shall be interpreted or construed as requiring the Producer to make use of the Participation or to produce or exploit the Webinar. I agree that I shall not have the right to enjoin the exhibition, distribution or exploitation of the Webinar or any other work or production derived therefrom or to enjoin, rescind or terminate any rights granted to the Producer hereunder. I further agree that my sole remedy in the event of any default by the Producer of its obligations pursuant to this Participant Release and Consent shall be an action at law for monetary damages.
I hereby confirm having expressly requested that this Participant Release and Consent be drawn up in the English language. La soussignée déclare avoir expressément exigée que ce document soit rédigé en langue anglaise.