Course Participation Disclosure and Waiver
For all public and private courses offered by Collective, including but not limited to The Liminal Zone short course and The Art of Getting Unstuck.
COLLECTIVE OF FLOURISHING LLC VIDEO APPEARANCE RELEASE
This Participation Release (“Agreement”) shall confirm that the undersigned person (the “Course Participant”) has granted permission to COLLECTIVE OF FLOURISHING LLC (“COLLECTIVE”) and its successors, assignees, and licensees to use Course Participant’s name, likeness, appearance, photograph, voice, the right to simulate Course Participant’s voice (collectively the “Name and Likeness”) as the Name and Likeness appears in any media recorded or captured by COLLECTIVE (the “Media”), and in connection with sharing the event with other participants (present and future) in the services offered by COLLECTIVE. Video clips and images may be used for advertising and general publicizing, though in that context, Course Participant voices and comments will be protected by confidentiality. This Agreement incorporates herein any agreement signed between the parties and in effect as of the date of purchase of course, and supersedes all other prior negotiations, representations, or agreements, either written or oral, between the parties relating to the subject matter hereof, unless otherwise stated in writing.
CONSENT. For good and valuable consideration, sufficiency and receipt of which is hereby acknowledged, the Course Participant hereby grants to COLLECTIVE and to its licensees, assigns, and other successors-in-interest all rights of every kind and character whatsoever in perpetuity in and to Course Participant’s Name and Likeness in connection with the Media and hereby authorizes COLLECTIVE to edit same at its discretion. Said Name and Likeness may be included with the performance of others and with sound effects, special effects, and music. COLLECTIVE may use and license others to use such Media in any manner or media whatsoever for current and future course participants. Permission is granted to include name and likeness but not content of statements (unless granted in writing (email or otherwise)) for purposes of publicity, advertising, and sales promotion for the Media. COLLECTIVE may use Course Participant’s Name and Likeness for purposes of course development and offerings to others and in other courses, or for other related purposes. Course Participant agrees that COLLECTIVE owns all rights and proceeds of the Media for all purposes whatsoever in perpetuity throughout the universe. Course Participant agrees that COLLECTIVE is not obligated in any way to use Course Participant’s Name and Likeness or anything else granted herein or any portion thereof in any medium.
RELEASE. Course Participant specifically releases COLLECTIVE, its agents, employees, licensees and assigns from and against any and all claims that Course Participant has or may have in the future arising out of the production, distribution, publication, broadcast or exhibition of Course Participant’s Name & Likeness or the Media as permitted by this release. Course Participant understands and expressly agrees that Course Participant will not and cannot pursue injunctive relief for any claim arising out of this Agreement or the Media. Course Participant hereby acknowledges the existence of his or her statutory moral rights as described in 17 U.S.C. 106A(a), and knowingly waives such moral rights and releases COLLECTIVE, its agents, employees, licensees and assigns from and against any and all claims which Course Participant has or may have in the future arising out of the production, distribution, publication, broadcast or exhibition of the Media as permitted by this waiver and release of Course Participant’s moral rights. Specifically, Course Participant hereby expressly and forever waives any and all rights arising under 17 U.S.C. 106A, and any rights arising under U.S. federal or state law or under the laws of any other country that convey rights of the same nature as those conveyed under 17 U.S.C. 106A, or another type of moral right or adroit moral. If the Media is one to which the provisions of 17 U.S.C. 106A apply, Course Participant hereby waives and appoints COLLECTIVE to assert on the Course Participant’s behalf the Course Participant’s moral rights or any equivalent rights regarding the form or extent of any alteration of the Media (including, without limitation, removal or destruction) or the making of any derivative works based on the Media, including, without limitation, photographs, drawings or other visual reproductions of the Media, in any medium, for COLLECTIVE’s purposes.
PUBLICITY AND CONFIDENTIALITY. Course Participant understands and agrees that all publicity in connection with the Media is under the sole control of COLLECTIVE and its licensees. Except as otherwise authorized in advance in writing by COLLECTIVE, Course Participant will not him or herself, or authorize others to, use or disclose to any party any Confidential Information or trade secrets obtained or learned as a result of Media Participant’s participation in creating the Media. For the purposes hereof, “Confidential Information” shall include, without limitation, the events which take place as part of creating the Media, the outcome or contents of any episode of the Media, information regarding the Media’s concept, format and/or ideas, the participant selection process, identities of participants, and any other confidential and/or proprietary information relating to the Media and/or of COLLECTIVE or its assignees or licensees.
WARRANTY. Course Participant represents that COLLECTIVE’s exercise of the rights described herein shall not violate or infringe any rights of any third party. Course Participant understands that COLLECTIVE has been induced to proceed with the production, distribution, and exploitation of the Media in reliance upon this Agreement.
REMEDIES. In addition to any and all other remedies available to COLLECTIVE, Course Participant acknowledges and agrees that any breach or threatened breach of this Agreement due to the unauthorized disclosure or threatened disclosure by Course Participant to third parties of any Confidential Information will cause irreparable harm to COLLECTIVE and shall entitle COLLECTIVE to obtain (without posting any bond), an ex parte restraining order, preliminary injunction and permanent injunction preventing the disclosure, or any further disclosure, of any Confidential Information. Course Participant agrees that Course Participant’s remedies for any breach of this Agreement by COLLECTIVE or others will be limited to damages and in no event will Media Participant be entitled to rescind this Agreement or to seek any injunctive or other equitable relief.
CHOICE OF LAW AND FORUM. This Agreement and any dispute or controversy relating to the existence, validity, meaning, interpretation, or alleged breach of this Agreement shall in all respects be interpreted, enforced and governed by the laws of Florida and the exclusive forum for any such dispute shall be the state and/or federal courts located in Florida.
MISCELLANEOUS. Course Participant agrees that the invalidity or unenforceability of any part of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement. Course Participant acknowledges that this Agreement constitutes the entire understanding of the parties and cannot be terminated, rescinded or amended hereafter, except by written agreement signed by all parties. A fax or photocopy of this document shall be deemed an original for all purposes. In the event that any provision hereof shall be invalid or unenforceable due to any law, said provision shall be modified to the minimum extent necessary to effect compliance with such law, and in any event such invalidity or unenforceability shall have no effect upon the remaining terms and condition hereof. This Agreement and the rights hereunder may be freely assigned by COLLECTIVE. This Agreement is personal to Course Participant and may not be assigned by Course Participant, and any assignment shall be voidable by COLLECTIVE.
COURSE PARTICIPANT’S PARTICIPATION IN THE COURSE CERTIFIES THAT COURSE PARTICIPANT HAS CAREFULLY READ/THE DOCUMENT HAS BEEN TRANSLATED IF NECESSARY, EXPLAINED TO COURSE PARTICIPANT AND COURSE PARTICIPANT FULLY UNDERSTANDS THE CONTENTS OF THE DOCUMENT AND SIGNS IT ON MEDIA PARTICIPANT’S OWN FREE WILL. COURSE PARTICIPANT REPRESENTS AND WARRANTS THAT ALL INFORMATION COURSE PARTICIPANT IS PROVIDING TO COLLECTIVE IS VALID, TRUE, AND ACCURATE.