Consent, Grant of Rights, and Release

Consent, Grant of Rights, and Release

1.         I agree and acknowledge that this Consent, Grant of Rights, Release (this “Release”) between me and the North Carolina Coalition for Fiscal Health, and any of its officers, directors, employees, affiliates, assignees, licensees, and agents (collectively, the “Coalition”), governs my submission of, and the Coalition’s receipt and use of, (i) my story, statement and/or account (“Story”), (ii) any content or material that contains, includes, or relates directly or indirectly to my Story, including but not limited to any oral, written, audio, video, photographic, or digital content or material (“Submitted Material”), and (iii) my picture(s), likeness, image(s), silhouette(s), voice, performance(s), actions, name, biographical information, personal characteristics, or any other interests with respect to my privacy or publicity rights (collectively, “My Likeness”), including but limited to for use in connection with certain audiovisual recordings, sound recordings, podcasts, printed materials, photographs, video or digital recordings, promotional materials, or other works taken or made by or on behalf of the Coalition relating to my Story or the Submitted Material (such recordings, individually and collectively, the “Coalition Works”).  I further agree that this Release applies to all submissions and uses of my Story, the Submitted Material, and My Likeness that I am providing, have provided, or may provide in the future to the Coalition.

2.         For the opportunity for all or part of my Story or Submitted Materials to be publicly disseminated in and through the Coalition Works, the receipt and sufficiency of which is hereby acknowledged, I hereby irrevocably grant to the Coalition a non-exclusive, royalty-free, transferrable, and unrestricted right and license to record, copy, reproduce, sublicense, distribute, transmit, perform, display, exhibit, publish, broadcast, digitize, modify, adapt, alter, edit, create derivative works from, and otherwise use all or any portion of My Likeness, as well as my Story and the Submitted Materials, in connection with the submission, production and use of the Coalition Works, and any derivative works thereof, in and on any and all manner, medium, or media, now known or hereafter devised, throughout the universe and in perpetuity, including, without limitation, the Internet, mobile applications, podcasts, social media platforms, video, photographs, audio files, telephone communications, printed materials, radio, television or satellite broadcasts or transmissions, and other electronic and print publications, and in connection with advertising, promotion, news, commentary, and other related purposes.

3.         Without limiting the foregoing, I further agree that:

•           The Coalition may edit, alter, modify, divide, delete, repurpose and repackage all or parts of My Likeness, my Story and the Submitted Material in the Coalition Works;

•           The Coalition may edit or modify My Likeness, my Story, and the Submitted Materials in connection with the Coalition Works in its sole discretion and without any approval rights by me;

•           The Coalition have no obligation to use My Likeness, my Story, or the Submitted Materials, or to credit me in connection with any such use;

•           The Coalition may, or may not, use my real name, or any variant thereof or a fictitious name, in connection with any Coalition Works based upon or derived from my Story or the Submitted Materials;

•           The Coalition shall own all rights, including copyrights and other intellectual property, in and to the Coalition Works and My Likeness my Story, and the Submitted Materials, as used therein or any other contribution(s) by me thereto as a “work made for hire,” and to the extent otherwise, I hereby irrevocably assign and transfer to the Coalition all rights, title, and interest I may have, or may ever have, in and to the Coalition Works; and

•           No payment and/or other compensation or consideration is due to me or will become due to me in connection with the Coalition Works or other exploitation of the rights granted to the Coalition herein.

4.         I represent and warrant that all of my Story and Submitted Material is my original work, is true and accurate, does not infringe on another’s copyright, trademark, right of publicity, privacy, or other proprietary rights, does not defame another person or entity, and that I have the full right and authority to disclose and convey the Story and Submitted Material to the Coalition. I agree to indemnify and hold harmless the Coalition and its officers, directors, employees and agents from any claims, liability and/or damages that may arise from the conveyances or permissions in this agreement.

5.         I expressly and irrevocably waive, release the Coalition and its officers, directors, employees and agents from any and all claims, actions, demands, suits, damages, costs (including attorneys’ fees), or losses of any nature, under any theory of law or equity, whether known or unknown, by reason of any and all matters relating directly or indirectly to the Coalition Works, my Story, the Submitted Material, and/or My Likeness, including but not limited to claims for libel, defamation, invasion of privacy, copyright, or right of publicity, trademark, or claims for damages or injunctive relief.  I also agree that the Coalition may sell, license or otherwise transfer my rights in the Story, the Submitted Material, My Likeness, or any other rights granted under this Release.

6.         I agree to cooperate fully and in good faith with the Coalition, and to take all additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Release.  Such additional actions may include, but are not limited to, executing additional documents or instruments not inconsistent with the terms of this Release.

7.         This Release shall be governed by the laws of the State of North Carolina, without regard to the conflict of laws principles thereof.  This Release memorializes the entire agreement and understanding between the Coalition and me relative to the Coalition’s rights in connection with the Submitted Materials, my Story, and My Likeness, and no purported amendment, modification, or waiver of the terms hereof shall be valid unless in writing signed by both the Coalition and me.

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