Jones Soda Photo Release Agreement

JONES SODA CO.
PHOTOGRAPHER RELEASE AGREEMENT ("AGREEMENT")

I hereby grant Jones Soda Co., its authorized representatives, licensees, agents, successors, and assigns (collectively, "Jones") an irrevocable and perpetual right and license to use my submitted photograph(s) now or at any time in the future, throughout the world in any manner and for any purpose that Jones chooses, including, without limitation, for commercial or charitable purposes, and in any medium now known or later developed. Jones, at its discretion, may license these photos to the general public via a third-party service provider and plans to donate any proceeds earned by Jones to charitable organizations of its choosing. This includes, without limitation, the right to modify the photograph(s) and include or combine with other images, text or graphics in Jones' sole discretion, and also any use in conjunction with any sales, advertising, promotion, marketing or packaging of any product or service. I agree that there are to be no fees, commissions, royalties, or any other consideration, financial or otherwise, paid or owing to me, now or in the future, for provision of or the use of the photograph(s) or otherwise arising under this Agreement. I acknowledge that Jones is under no obligation to use my photograph(s) and I waive any right to inspect or approve any use of the photograph(s). I understand and agree that I may not revoke or terminate this license and grant of rights or revoke my consent to the undertakings I am making under this Agreement.

By signing this Agreement (evidenced through the clicking on the checkbox), I agree to the terms of this Agreement and acknowledge that Jones will credit my photograph(s) with my name, as provided, wherever it uses the photograph(s). Such credit will appear in a form similar to the following, which such form may be changed by Jones in its sole discretion:

"SOCIAL HANDLE/WEBSITE, NAME OF PHOTOGRAPHER, CITY, STATE/PROVINCE".

I acknowledge and agree that any and all persons in the photograph(s) (including, me, the undersigned) must be identified by full name and must have signed the Model Release Agreement (which I agree to fully and accurately complete by all applicable persons and return back to Jones Soda Co.).

I warrant that I am the owner of the submitted photograph(s) and that I have the exclusive right and authority to grant the rights and licenses granted herein.

I hereby release, waive, discharge, and agree to hold Jones and all persons acting under Jones' permission or authority harmless from (and covenant not to sue any of them for) any liabilities or claims arising from or related to the submitted photograph(s) or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy or any other claim or cause of action, based upon or relating to the photograph(s) or the exercise of any of the rights or licenses granted herein.

This Agreement shall be governed by the internal laws of the State of Washington, excluding its conflict of law provisions, and I hereby agree that I will bring any disputes I may have hereunder (if any) with Jones or any third party exclusively in the state and federal courts located in King County in the State of Washington. I hereby waive any right to seek injunctive or other equitable relief. I will have neither the right to rescind or terminate this Agreement or any of Jones' rights hereunder nor seek to enjoin Jones or any third party from use of the photograph(s).

This Agreement, together with the Model Release Form, constitutes our entire understanding and agreement with respect to the subject matter hereof and cannot be amended except by a written instrument signed by me and Jones Soda Co.

This Agreement shall be binding upon me and my heirs, legal representatives, and assigns.

I warrant that (i) I am over the age of majority and have the right to contract in my own name; and if not, my parent or guardian is doing so on my behalf and consents to the terms of this Agreement and such parent or guardian may not revoke such consent, (ii) I (or my parent or guardian) has read this Agreement prior to its signing, (iii) I confirm that my (or my parent's or guardian's) clicking the box to sign this Agreement is legally binding, and (iv) I have submitted a fully completed Model Release Agreement for any and all persons in the photograph(s).