Publicity Release Agreement
1. Grant
In consideration of being able to participate in the Lowe’s event, marketing initiative, and/or project (collectively, “Initiative”), and for other good and valuable consideration herein acknowledged as received, I hereby grant and assign to Lowe's Companies, Inc. and its subsidiaries, including without limitation, Lowe's Companies Canada, ULC (hereinafter, collectively referred to as "Lowe's"), its agents, assigns, and those acting with Lowe’s authority and/or permission, the absolute, irrevocable, unrestricted, perpetual, worldwide, royalty-free right and permission to take, photograph, tape, videotape, produce, record, transmit, distribute, broadcast, copyright, publish, project, exhibit, display, print, and otherwise use and/or create derivative works therefrom in any media, now or hereinafter known (collectively, “Content”) from, any and all likenesses of my image, my property, my voice, my statements, my quotes, interviews of me, my performance, and/or animations or attributes of my personality (collectively, “Likeness”) in Lowe’s sole discretion in conjunction with the Initiative. I further represent that any statements made by me during my participation are true, to the best of my knowledge, and that neither they nor my participation will violate or infringe upon the rights of any third party.
Such grant shall include the right to create and use Content including Content with my Likeness, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, my own and/or another voice, and/or my biographical information made through any medium at a Lowe’s facility, the facility of those acting with Lowe’s authority and/or permission, or elsewhere, in any or all media now or hereafter known for any purpose in Lowe’s sole discretion, including by way of illustration, not limitation, advertising, promotion, store signage, Lowe’s internal and external media channels, training, or electronic commerce.
Further, I hereby waive the right to any compensation associated with Lowe’s use of the Content and/or my Likeness and understand that Lowe’s is under no obligation to use any of the rights granted by me hereunder and has made no representations to me in this regard. I agree that all Content, including, but not limited to, any plates, negatives and/or tapes connected therewith, are and shall remain the sole and exclusive property of Lowe’s in perpetuity and throughout the world.
In regard to the rights I granted and assigned to Lowe’s above, I hereby waive any right that I may have to inspect or approve the Content, or the use of the Content, including the use of my Likeness, or any other matter related thereto.
2. Release
I hereby release, discharge and agree to save, indemnify and hold harmless Lowe’s, its agents, assigns, and those acting with Lowe’s authority and/or permission, including each of the foregoing entity’s, respective and its legal representatives, officers, employees, agents, successors in interest, assigns, and all those acting with their authority and/or permission (“Releases”), from and against any and all claims, actions, causes of action, liability, suits, damages and expenses (collectively, “Claims”) of any kind or nature, arising out of: (i) my participation in the Initiative including any physical injury, accident, illness, death or property damage, whether foreseen or unforeseen, or delay or inconvenience of any kind that I may suffer now or in the future; and/or (ii) Lowe’s use of the Content including the use of my Likeness and any blurring, distortion, editing, alteration, optical illusion, or use in whole, part or composite form, whether intentional or otherwise, that may occur or be produced in creating or using the Content including, without limitation, any claims for libel, slander, invasion of privacy, right of publicity, defamation, passing off, misappropriation of personality, trademark infringement, copyright infringement, or moral rights. I further hereby agree not to sue or institute any action against Releasees in relation to any Claim for which I have granted such waiver and release.
3. Remedies
I expressly recognize, acknowledge and agree that any breach of this Release Agreement by me is likely to result in irreparable harm to Lowe’s. In the event of any actual or threatened breach of this Release Agreement, I agree that Lowe’s shall be entitled, in addition to all other remedies available under law, to obtain specific performance of this Release Agreement, and to obtain injunctive relief against ongoing or contemplated activities in violation of this Release Agreement against me, any of my representatives, heirs, parents, subsidiaries, affiliates, and any and all agents or other persons acting in active concert or on behalf of me.
4. Miscellaneous
I also expressly recognize, acknowledge and agree that the failure of Lowe’s to exercise any of its rights under this Release Agreement shall not be deemed to be a waiver of such rights. I acknowledge and agree that this Release Agreement will be governed by and interpreted in accordance with the laws of the State of North Carolina, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. I acknowledge and agree that the exclusive jurisdiction (personal and, as allowed, subject matter) and venue for any action relating to this Release Agreement shall be a federal or state court in Charlotte, North Carolina. I hereby consent to such jurisdiction and venue. If any term or provision hereof should be held to be invalid, unenforceable, or illegal, I acknowledge and agree that such holding will not invalidate or render unenforceable any other provision hereof, and the remaining provisions will not be impaired thereby.
This Release Agreement shall be binding upon me, my heirs, personal representatives, executors and administrators and legal representatives.