PERSONAL RELEASE
Releasor, in
exchange for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, hereby
grant to Martin Boroson and his agents, affiliates, employees,
successors and assigns (collectively "Publisher"),
the perpetual and irrevocable right to use Releasor's name,
[photograph, image, likeness] biography, history and written
and photographed testimonial and journal as provided in
writing or verbally (collectively "Materials")
in connection with Publisher's writing, websites, products
and advertising and promotional materials in any and all
media throughout the world in perpetuity. Such grant also
includes the right to make such changes as Publisher may
decide in its sole discretion including, but not limited
to, the right to edit, modify, and/or delete portions of
the Materials and the right to reproduce, distribute, publish,
promote, market, publicly and privately display, [publicly
and privately perform, transmit and broadcast] the Materials.
Releasor:
(i) agrees not to bring any action or claim against Publisher,
or to allow others to bring such an action or claim, based
on the Materials or the use of Materials relating to the
Releasor as otherwise described above or to terminate or
rescind the use of the Materials, and (ii) releases and
indemnifies Publisher from any and all such actions or claims
which Releasor may have now or in the future.
Releasor
shall indemnify, defend (at Publisher's election) and hold
harmless Publisher, its partners, officers, director, employees,
agents, affiliates, licensees, successors and assigns from
any claim, liability, loss or damage, including without
limitation reasonable attorneys' fees and disbursements
caused by or arising out of any breach or alleged breach
of any representation, warranty, covenant or agreement of
Releasor or the exhibition of the Materials, pursuant to
this agreement. The provisions of this paragraph will survive
termination of this Agreement.
Releasor
acknowledges the receipt of good and valuable consideration
in exchange for the release and other grants and agreements
made herein, and understands that Publisher is relying on
such grants and agreements in proceeding with the production,
distribution, promotion, publicity and exploitation of the
Materials and elements thereof as authorized above. Releasor
acknowledges that Publisher shall have no obligation to
use, distribute or otherwise exploit the materials.