TESTIMONIAL RELEASE AND CONSENT AGREEMENT
Governing State: ________
Effective Date: ________
This Testimonial Release and Consent Agreement (the “Release”) is made and entered into as of the Effective Date set forth above by and between the Releasor and the Release Receiver identified below.
§ 1. PARTIES.
(a) Releasor. Name: ________; Address: ________; Email: ________; Telephone: ________. The party identified in this subsection is referred to throughout this Release as “the Releasor,” “I,” “me,” and through the use of other first-person pronouns.
(b) Release Receiver. Name: ________; Primary Address: ________. The party identified in this subsection, together with its employees, officers, directors, members, affiliates, successors, assigns, associates, representatives, licensees, and agents, is collectively referred to throughout this Release as the “Release Receiver.”
§ 2. GRANT OF CONSENT AND LICENSE.
(a) I hereby irrevocably and perpetually consent to, and grant the Release Receiver a worldwide, royalty-free, fully paid-up, transferable, sublicensable, irrevocable license for, the use, publication, distribution, broadcasting, public display, public performance, reproduction, adaptation, editing, recording, posting, copyrighting, licensing, digitization, and re-release of the Released Testimonial (as defined in § 3) for any lawful purpose, including, without limitation, social media, commercial products, websites, advertising, education, course materials, video footage, sales, marketing, promotion, or any other medium now known or hereafter invented.
(b) This consent and license is realized, effective, and enforceable as of the Effective Date set forth above.
§ 3. THE RELEASED TESTIMONIAL.
(a) The “Released Testimonial” consists of the following statement(s), together with my name, voice, likeness, image, photograph, and any other identifying characteristics provided in connection therewith:
________
(b) The Released Testimonial was made on the following date: ________.
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§ 5. ACKNOWLEDGMENT REGARDING PUBLIC DISCLOSURE. I give consent to the use of the Released Testimonial knowing and understanding that my name, comments, and other identifying factors may be revealed to the general public. Notwithstanding the foregoing, the Release Receiver shall not disclose to any party in any medium my residential or physical address, email address, telephone number, or any other private contact details.
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§ 7. INDEMNIFICATION. I shall indemnify, defend, and hold the Release Receiver harmless from and against any and all losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and court costs, arising from or in connection with any breach of my representations, warranties, or obligations under this Release or the use of the Released Testimonial as permitted herein.
§ 8. CONSIDERATION. The Release Receiver shall not be obligated to provide any monetary compensation to me in exchange for the rights granted herein, and I acknowledge that I have received good, valuable, and sufficient consideration, the receipt and adequacy of which are hereby acknowledged, for entering into this Release.
§ 9. ENTIRE AGREEMENT; AMENDMENT. This Release constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes any and all prior agreements, understandings, negotiations, or representations, whether written or oral. No modification or amendment to this Release shall be valid or binding unless made in writing and signed by both parties.
§ 10. GOVERNING LAW; VENUE. This Release shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ County, in the aforesaid State, for the resolution of any dispute arising out of or relating to this Release.
§ 11. SEVERABILITY. If any provision of this Release is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law, and the invalid provision shall be modified to the minimum extent necessary to render it enforceable while preserving the parties’ intent.
§ 12. WAIVER; ASSIGNMENT. No waiver of any provision of this Release shall be deemed a waiver of any other provision or of any subsequent breach. The Release Receiver may freely assign or transfer its rights and obligations under this Release; I may not assign my obligations without the prior written consent of the Release Receiver.
§ 13. ACKNOWLEDGMENT OF CAPACITY. I am at least eighteen (18) years of age and possess full legal right, capacity, and authority to consent to the terms of this Release. I have read and understood this Release in its entirety and execute it voluntarily.
IN WITNESS WHEREOF, the Releasor has executed this Testimonial Release as of the date set forth below.
Name of Releasor: ________
Signature of Releasor: _____________________________________
Date of Signature: ________
ACCEPTED AND AGREED — RELEASE RECEIVER
Name: ________
Title (if applicable): ________
Signature: _____________________________________
Date of Signature: ________