PHOTO LICENSE AND RELEASE
This Photo License and Release (this “Release”) is a binding legal agreement between Benebone LLC (“Benebone”) and myself, the undersigned individual. Benebone wishes to use one photo or social media post I submit and include such photos or posts, any derivative works thereof, and my Instagram handle, image, location, and dog breed (collectively, the “Content”), in or on its packaging, and marketing materials. The choice to submit Content for such use is completely voluntary. In exchange for fifty dollars ($50) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I agree as follows:
I grant to Benebone a perpetual, irrevocable, worldwide, non-exclusive, transferable, fully-paid, and royalty-free license to reproduce, distribute, display, perform, create derivative works based on, and otherwise use the Content in or on its products, packaging, and marketing materials that may be sold, marketed, or distributed worldwide in any medium. I understand and agree that I may only submit a photograph if it was taken by me and all individuals featured in the photograph have consented to Benebone’s use of the photograph as authorized herein.
I hereby release and waive, in perpetuity: (i) any claims whatsoever in connection with the use of the Content as authorized above, including, without limitation, any claim of rights of privacy, publicity, copyright, defamation, moral rights, credit, or attribution; (ii) any right I may have to inspect or approve the Content or any use thereof as authorized above; or (iii) the right to any royalties or other compensation arising or relating to the use of the Content. I hold harmless and release and forever discharge Benebone and all persons, corporations or legal entities acting with its permission or upon its authority, from any and all claims, demands, and causes of action which I, my heirs, representatives, executors, administrator’s, or any other person acting on my behalf or on the behalf of my estate have or may have by reason of this Release or the use of the Content as expressly authorized hereunder. I acknowledge that Benebone is conducting its activities in express reliance upon the foregoing, and I represent and warrant that I have the rights to grant the licenses and releases granted herein on behalf of myself and any other interested third parties.
This Release is governed by and will be interpreted in accordance with the laws of the State of New York. This Release is the entire agreement between the parties with regards to its subject matter, and supersedes any prior or contemporaneous understandings and agreements, written or oral, regarding such subject matter. No modification of this Release will be binding unless in writing and signed by both myself and Benebone.
I am at least eighteen (18) years of age and competent to contract in my own name. I have read this Release before signing below and I believe I understand its content, meaning and impact.
SUBMIT THE FOLLOWING INFORMATION TO AGREE
Thanks so much for participating in our packaging fan feature! We love featuring our best fans on our products.
If you would be so kind as to electronically sign our release form which follows, we would very much appreciate it. It looks a little scary (lawyers can do that!) but for the files we need to document with you that we have your OK to use your photo on our package.
If you have ANY questions, feel free to call us. Thanks again…we’re excited to see your pup in thousands of pet stores across the country!
The Benebone Team