For promotional consideration, the undersigned hereby consents to and authorizes the use and reproduction of the attached photograph (s) (the “Photograph(s)”) on the website entitled “Secret Sandy”, (the “Website”). Website shall have the right to exhibit, transmit and distribute the Photograph(s) in any and all markets and media throughout the world, in perpetuity and shall have the right to include the Photograph(s) in the advertising and promotion of the Website. Website shall have the right to assign all of the rights granted herein to any person or entity.
The undersigned represents and warrants that it is the sole proprietor of all rights in and to the Photograph(s); that it has full power and authority to grant the rights granted to Website herein; that it has obtained all rights, consents and permissions, including but not limited to those of persons appearing in the Photograph(s), necessary to grant the rights granted herein; and that the use of the Photograph(s) by Website as set forth above shall not violate or infringe upon the rights of any individual or entity, including but not limited to the rights of any person appearing in the Photograph(s); and that the Photograph(s) are free and clear of any liens or claims with respect to the use of the Photograph(s) in the manner authorized herein, and that such use authorized herein will not give rise to any claims of infringement, invasion of privacy or publicity or claims for payment of re-use fees or residuals.
I shall indemnify and hold Website, its officers, directors and employees harmless from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to a breach or alleged breach of the representations or warranties provided herein. The undersigned further agrees that in no event shall the undersigned have the right to enjoin the development, production, distribution or exploitation of the Website.