By clicking submit I acknowledge that I have read and understand this Authorization, Waiver and Release (“Release”), and I hereby grant to AAA Northeast and its affiliates, successors, licensees, and assigns, including, but not limited to Member Select Vacations, LLC, d/b/a Club Adventures (collectively, the “Company”), for valuable consideration, the receipt of which is hereby acknowledged, the absolute and irrevocable right, permission and license in perpetuity, world-wide and in any media now known or hereafter devised, to use and re-use, in whole or in part, the following content: (A) any photographic, digital or video images or audio recordings of me, alone or with others, that are taken, produced or created by the Company or its agents/representatives (“Company Images”); (B) any photographic, digital or video images or audio recordings of me that are provided to the Company by me or my agents/representatives (“Submitted Images”); and (C) any testimonials, artwork, stories, endorsements or statements that have been or will be submitted to the Company by me or my agents/representatives (“Testimonials,” and collectively with Company Images and Submitted Images, “Content”).
I understand and agree that the Company’s use of the Content is within the Company’s sole discretion and may include, without limitation, editing, digitizing, altering, reproducing, distributing, publishing, transferring and otherwise exploiting the Content in connection with the Company’s commercial activities, which I understand and agree may include, without limitation, marketing, promotion, advertising, commercial websites, trade magazines, e-magazines, social networking sites, advertisements, brochures, catalogs, programs and product sales (collectively, “Company Activity”).
I hereby waive any right to inspect or approve any use of the Content. I understand and agree that the Company: (i) shall have sole editorial discretion over the use of the Content; (ii) may incorporate the Content in other works owned or created by the Company, including without limitation audiovisual, print, social media and online materials; (iii) may copyright or trademark the Content in its own name or in any other name that the Company may choose; (iv) shall be the sole owner of the Content and anything derived from it, including without limitation any goodwill arising from the Content or the Company’s use of it; and (v) may transfer the Content to third parties, including, without limitation, other AAA Clubs, who may use the Content in connection with their own commercial activities. Notwithstanding the foregoing, I understand and agree that the Company is under no obligation to use any Content.
I agree that the opportunity to participate in or contribute to Company Activity is sufficient consideration for my grant of rights under this Release. I acknowledge that I will receive no payment, residual payment or any other compensation for the Company’s use or transfer of the Content or any ancillary/derivative works relating to the Content. I understand and agree that the Company may, at its discretion, use my name or a fictitious name in connection with the Content. Notwithstanding the foregoing, I understand and agree that the Company is under no obligation to give me attribution of any kind for the Content.
I warrant and represent that: (i) any Submitted Images or Testimonials are original work created and owned solely by me and do not infringe on any copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity; (ii) no third party has any right, title, claim or interest in the Submitted Images or Testimonials; (iii) the Company is able to use my Submitted Images and Testimonials without payment to, or violation of the rights of, any third party; and (iv) to extent that other persons are depicted or identified in the Submitted Images or Testimonials, I had the consent of those persons (or their parent/legal guardian if they are under 18 years of age) to create and submit the Submitted Images or Testimonials. I agree to hold the Company harmless with respect to third parties in connection with the rights granted to the Company under this Release.
I hereby voluntarily release and discharge the Company and its members, officers, directors, employees and agents and attorneys from any and all liability, claims and demands, known or unknown, of any nature or kind, including without limitation any claims of personal injury, invasion of privacy, defamation, false light, emotional distress, violation of any right of publicity, violation of copyright, or commercial appropriation of name, likeness, voice or picture, and/or any claims of which I may not be aware, whether arising out of: (i) the taking or other activity related to the creation of the Content or (ii) the use of the Content. Anyone who succeeds to my rights and responsibilities, such as my heirs, is also hereby bound. I agree that, in the event of any dispute involving this Release, my remedies are to be strictly limited to the right to recover actual damages, if any, in an action-at-law.
This Release shall inure to the benefit of the Company’s representatives, licensees, successors and assigns, and shall be binding upon my heirs, successors, assigns and personal representatives, regardless of whether it is expressly acknowledged in any instrument or succession or assignment. This Release shall be governed by and construed under the laws of the State of Rhode Island. I waive the right to trial by jury in any dispute arising under or in connection with this Release. If any provision of this Release is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, and the Release shall be construed and enforced as if the illegal or invalid provision had never been included. This Release sets forth the entire agreement between me and the Company with respect to my Company Images, Submitted Images and Testimonials, and may not be altered or amended except in writing signed by both parties.