Release of Liability and Indemnity Agreement
Release of Liability and Indemnity Agreement
The Participant (“You”, “Your”, “Participant”) enters into the following release of liability and indemnity agreement (“Agreement”) with <pissedconsumer.com> d/b/a Consumer Opinion, LLC (”Pissed Consumer”, “Us”, “Our”). As a consideration, Participant wishes to share a personal experience and/or opinions with Pissed Consumer while being recorded (“Recorded Material”), and understands that participation is possible only if Participant agrees to all the terms of this Agreement. Participant agrees to release Pissed Consumer, its owners, agents, representatives, and employees (collectively referred to as the “Pissed Consumer” throughout) from all criminal and civil liability. By entering into this Agreement, Participant grants to Us and Our affiliated companies and necessary sublicensees an irrevocable, perpetual, unconditional, royalty-free, worldwide non-exclusive right and license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
1) Opportunity to Provide Video Statements: From time to time, Pissed Consumer may allow Participant to provide video-recorded statements concerning a business or a professional that will be published on Pissed Consumer’s web site <pissedconsumer.com>. The Parties acknowledge and agree that the opportunity to have Participant’s statements published on the <pissedconsumer.com> site is a valuable and sufficient consideration for the obligations required of Participant under this Agreement.
2) Photo and Video Release: Participant is aware that Pissed Consumer may use the recorded material to promote Pissed Consumer to the general public.
a) Participant grants Pissed Consumer permission to record footage of a personal interview with Participant that may include Participant’s name, image, voice, right of publicity, and/or performance.
b) Participant grants Pissed Consumer the right to use their likeness in promotional material, including on websites and social media.
c) Participant understands that Pissed Consumer will not pay any compensation for Company’s use of the recorded material.
d) Participant waives any right of publicity, and any right to royalties, or other compensation, related to Pissed Consumer’s use of the Recorded Material.
e) Participant understands that the Recorded Material may be electronically displayed via the Internet or on a website.
f) Participant understands that Pissed Consumer may edit, copy, exhibit, publish, or distribute the Recorded Material.
g) Participant understands that Pissed Consumer may publish a “screenshot,” or a still image from the Recorded Material, that may display Participant’s image, picture, and/or likeness.
h) Participant waives any right to inspect or approve the Recorded Material before or after publication.
i) Participant releases and waives all rights to Pissed Consumer to use Participant’s image, name, voice, and/or likeness in the Recorded Material.
j) Participant affirms that this Agreement is voluntary. Participant is of a sound mind and understands the terms of this Agreement and Release.
k) Participant understands that the Recorded Material may be viewed worldwide without any geographic limitations.
3) Release from Liability: Participant hereby releases, discharges, and waives any and all claims against Pissed Consumer that arise from or relate to Participant, the interview, and/or the Recorded Material.
a) Participant understands and agrees to be solely responsible for whatever Participant says in the interview, including, but not limited to: responses to questions or statements made not in response to questions.
b) Participant will not say anything that is defamatory, abusive, harassing, or illegal.
c) Participant understands that Pissed Consumer will never be responsible for anything Participant says in the interview, and Participant alone is responsible for the words Participant uses to express his or her message in the interview.
d) Participant releases Pissed Consumer from any and all claims and demands that may arise out of or in connection with the use of the Recorded Material, including without limitation any and all claims for defamation, violation of any right of publicity or privacy, either statutory or at common law, or infringement of any intellectual property, either statutory or at common law, including, but not limited, to copyrights or trademarks.
4) Agreement to Indemnify and Hold Harmless: Participant agrees to indemnify and hold Pissed Consumer harmless against any and all claims arising from or related to Participant’s interview and the Recorded Material, including, but not limited to, any defamation claims brought against Participant based upon the content of the Recorded Material.
a) Participant understands and agrees that indemnify, as used herein, means that Participant agrees to assume Pissed Consumer’s liability with respect to any claims related to the Recorded Material, thereby relieving Pissed Consumer of responsibility, and/or reimbursing Pissed Consumer for claims asserted against Pissed Consumer.
b) Participant understands there is no time limit on the validity of this Agreement.
5) Exclusive Jurisdiction and Venue
This Agreement is governed by and will be construed in accordance with the laws of the State of Nevada. Any disputes between the parties to this Agreement shall be brought and heard exclusively in the state courts in Clark County, Nevada. Both parties shall bear their own fees and costs.
Participant affirms to have read this Agreement carefully. Participant fully understands every term of this Agreement and agrees to be bound by this Agreement. Participant hereby releases any and all claims of liability against Pissed Consumer.