Jones Soda Content Release Agreement ("Agreement")
I, the Photographer/Videographer, hereby grant Jones Soda Co., its authorized representatives, licensees, agents, successors, and assigns (collectively, "Jones") a worldwide, non-exclusive, sublicensable (through multiple tiers), irrevocable, perpetual right and license to use my submitted photograph/video(s) now or at any time in the future, 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/videos to the general public via a third-party service provider and donate any proceeds earned by Jones to charitable organizations of its choosing. This includes, without limitation, the right to reproduce, modify, edit, alter, and rearrange the photograph/video(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, trade, exhibition, publicity, or packaging of any product or service.
I understand and agree that I do not have the right to any compensation or reimbursement from Jones in the form of 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/video(s) or otherwise arising under this Agreement. I expressly acknowledge that Jones is under no obligation to use my photograph/video(s) and I waive any right to inspect or approve any use of the photograph/video(s). I understand and agree that I may not revoke or terminate this license and grant of rights or revoke or terminate this license and grant of rights or revoke my consent to the undertakings I am making under this Agreement.
By electronically signing this Agreement (evidenced through the clicking on the radio dial when submitting the photograph/video(s)), I agree to the terms of this Agreement and acknowledge that Jones will credit my photograph/video(s) with my name, as provided below, wherever it uses the photograph/video(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 OR NAME OF PHOTOGRAPHER/VIDEOGRAPHER, CITY, STATE/PROVINCE".
I acknowledge and agree that any and all persons in the photograph/video(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). I agree to cooperate with Jones Soda in securing signed Model Releases from all persons depicted in the photograph/video(s), at Jones Soda’s request.
I represent and warrant that I am the owner of the submitted photograph/video(s) and that I have the exclusive right and authority to grant the rights and licenses granted herein, and that no other party has been granted an exclusive license with respect to the submitted photograph/video(s), and that no other party’s authorization or consent is required with respect to the permission granted to Jones under this Release.
I hereby unconditionally 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 which I now have, have ever had, or may hereafter have against Jones arising from or related to the submitted photograph/video(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/video(s) or the exercise of any of the rights or licenses granted herein.
I agree that this Agreement shall be governed by the laws of the State of Washington, without regard to its conflict of law provisions, and I agree that any disputes arising out of or relating to this Agreement or the exercise of any rights granted by me hereunder by Jones or any third party must be heard exclusively in the state and federal courts located in Seattle, Washington, and I irrevocably consent to the jurisdiction of such courts. I hereby waive any right to seek injunctive or other equitable relief. I understand that I will have neither the right to rescind or terminate this Agreement, or any of Jones’s rights hereunder, nor seek to enjoin Jones or any third party from use of the photograph/video(s). I agree this Agreement, together with any executed Model Releases, 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.
I agree 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) have read, understood, and agreed to be bound by the terms of this Agreement, (iii) I (or my parent or guardian) have had the opportunity to confer with counsel of my choosing, and (iv) I have submitted a fully completed Model Release Agreement for any and all persons in the photograph/video(s). I have read and agree to the terms and conditions above. (You must agree if you wish to have your photo/video displayed in the Jones Soda Gallery.) If there are people in the photo/video, then I understand I am required to forward model releases as well.
I have read and agree to the terms and conditions above. (You must agree if you wish to have your photo/video displayed in the Jones Soda Gallery.)
If there are people in the photo/video, then I understand I am required to forward model releases as well.