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<p><b>By signing this release (“Release”), I, ####FULLNAME####, am agreeing to grant certain rights and licenses to Online News Association and its affiliates, licensees, successors, and assigns (collectively “ONA”) and to release certain claims. </b>
<p>In consideration for ONA allowing me to appear, present, and/or otherwise participate (my “Presentation”) in ONA’s ONA26 event (the “Conference”) and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I agree to the following:
<p>I agree that ONA or its agents may photograph, film and/or record (including, without limitation, audio record) my Presentation in the Conference (“Recordings”), including, without limitation, all materials (e.g., any slides, video, audio, handout distributed or exhibited, or other related materials, whether in print, digital or other form) I use in connection with my Presentation (the “Participant Materials”), and that all rights of every kind in and to the Recordings shall be and remain vested in ONA. I agree that I have no ownership rights or other rights in or to the Recordings.
<p>I hereby grant ONA the right to use the Recordings and Participant Materials, in whole or in part, and my name, voice, image, likeness, biographical information, and any other identifying characteristics (collectively, my “Likeness”) in the Conference and in connection with the marketing, promotion, or publicity of the Conference and/or ONA, and/or commercial and/or institutional uses (e.g., trade shows, meetings, reports, archival uses, and any other exploitation), in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without restriction. I agree that ONA or its agents may livestream the Conference, including my Presentation in the Conference and the Participant Materials. Nothing in this Release shall limit or restrict any rights otherwise enjoyed by ONA under law or contract.
<p>I understand and agree that I am not entitled to any payment for any uses of the Recordings, my Likeness, Participant Materials, and/or my Presentation in the Conference, as permitted hereunder, and that I do not have any rights to inspect or approve any such uses. I voluntarily agree to participate in the Conference and freely and voluntarily assume all risk associated therewith.
<p>I represent and warrant that: (1) my Presentation in the Conference shall be wholly original with me; (2) the Participant Material shall be wholly original with me and shall not include any material that is not my original work unless I have obtained all rights necessary in and to such material to grant ONA the rights granted herein, including, without limitation, rights in and to any and all copyrights, trademarks, and rights in the likenesses of any people (if any) depicted in the Participant Materials; (3) the consent of no other person or entity is required to enable ONA to use the Recordings, my Likeness, Participant Materials, and/or my Presentation in the
Conference and/or as otherwise permitted herein; (4) any statements I make during my Presentation in the Conference are true; and (5) neither my Presentation nor ONA’s use of Participant Materials will infringe upon the rights of any person or entity or defame any person or entity or violate any right of publicity, privacy or any other right of any person or entity. I agree to indemnify and save and hold free and harmless to the fullest extent permitted by law, ONA and its respective agents, directors, officers, shareholders, employees, and representatives, from and against any and all claims, actions, demands, causes of action, lawsuits and proceedings and all losses, liabilities, damages, and expenses, including without limitation, reasonable attorneys’ fees, (“Claims and Expenses”) resulting from any breach or alleged breach of any of my warranties, representations, or agreements herein and/or any of my acts or omissions relating to my Presentation in the Conference and/or this Release.
<p>I UNDERSTAND AND AGREE THAT MY SOLE REMEDY FOR BREACH OF THIS RELEASE BY ONA SHALL BE AN ACTION AT LAW LIMITED TO COMPENSATORY MONEY DAMAGES AND IN NO EVENT SHALL I BE ENTITLED TO PUNITIVE, INCIDENTAL, CONSEQUENTIAL AND/OR SPECIAL DAMAGES, AND I WILL NOT SEEK OR OBTAIN ANY INJUNCTIVE AND/OR OTHER EQUITABLE RELIEF IN ANY FORM, REGARDLESS OF THE CLAIM, IN CONNECTION WITH THIS RELEASE, INCLUDING, WITHOUT LIMITATION, ONA’S USE OF THE RECORDINGS, MY LIKENESS, AND/OR PARTICIPANT MATERIALS, AND I WILL HAVE NEITHER THE RIGHT TO RESCIND OR TERMINATE THIS RELEASE OR ANY OF ONA’S RIGHTS HEREUNDER.
<p>I AGREE THAT I WILL NOT MAKE ANY CLAIM OR ACTION OF ANY KIND AGAINST ONA, WHETHER ON BEHALF OF MYSELF OR OTHERS, INCLUDING BUT NOT LIMITED TO, A CLAIM BASED UPON INVASION OF PRIVACY, RIGHTS OF PUBLICITY OR “MORAL RIGHTS.” I, ON BEHALF OF MYSELF, MY DEPENDENTS, HEIRS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, OR ANY OTHER PERSONS ACTING ON MY BEHALF OR ON BEHALF OF MY ESTATE HEREBY FULLY, UNCONDITIONALLY AND IRREVOCABLY WAIVE, RELEASE AND FOREVER DISCHARGE AND PROMISE NOT TO SUE ONA AND/OR AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND REPRESENTATIVES FOR ANY AND ALL CLAIMS AND EXPENSES WHICH I, MY DEPENDENTS, HEIRS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, OR ANY OTHER PERSONS ACTING ON MY BEHALF OR ON BEHALF OF MY ESTATE HAVE OR MAY HAVE, NOW OR IN THE FUTURE, UNDER ANY LEGAL THEORY WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THIS RELEASE, MY PRESENTATION IN THE CONFERENCE AND/OR ONA’S USE OF THE RECORDINGS, MY LIKENESS, AND/OR PARTICIPANT MATERIALS, INCLUDING WITHOUT LIMITATION ANY CLAIMS AND EXPENSES BASED UPON ANY ALLEGED PERSONAL INJURY, DEATH, PROPERTY DAMAGE, DEFAMATION, INVASION OF PRIVACY AND/OR INFRINGEMENT OF ANY OTHER PROPRIETARY AND/OR PERSONAL RIGHTS.
I am granting ONA the rights, releases and waivers herein granted in consideration of my desire
to have the opportunity to participate in the Conference and possibly publicize the statements I make during my participation in the creation of the Recordings, and to gain exposure related to my participation in the Conference.
<p>This Release is the entire agreement between me and ONA with respect to the Conference, Recordings, my Likeness, and Participant Materials and cannot be amended except by a written instrument signed by the parties hereto. ONA shall have the right to freely assign and license this Release and all or a portion of its rights hereunder, without my consent. I acknowledge that I am not relying on any promises or statements outside of this Release about how the Recordings, my Likeness, and Participant Materials will be used. Whenever possible, each provision of this Release will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Release is deemed unenforceable under applicable law, such provision will remain effective to the extent allowed and, notwithstanding the unenforceability of any part or all of such provision, the remaining parts of such provision and remaining provisions of this Release will remain in full force and effect.
<p>I certify that I am at least 18 years of age and free to give the rights given in this Release.