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M O D E L R E L E A S E
In consideration of merchandise gift certificates, and/or merchandise discounts, and/or the right to model for Sather’s Leading Jewelers Inc., a Colorado corporation, (“SLJ”) and potentially appear in a work published by SLJ that may be distributed over a broad geographic area, the undersigned hereby fully and unconditionally releases and grants to SLJ, this employees, agents, legal representatives, successors, and assigns, the right to utilize reproduce, publish, distribute, re-utilize, re-publish, and re-distribute, at any time, the undersigned’s name or a fictitious name the undersigned uses, personal likeness in any form or medium, including, but not limited to, photographic, electronic, video, or otherwise, whether distorted, blurred, or altered in character or form, or used in composite form, and any representations of any of the undersigned’s property related to or involved in the work, as SLJ, its employees, agents, legal representatives, successors, and/or assigns desire for purposes of display, editorial, art, education, exhibition, or training; entertainment use; commercial use; or for any other purpose.
The undersigned expressly states that the rights granted in this Release shall be non-exclusive and shall not restrict the undersigned from appearing in any other works(s) whatsoever. This Release shall be continuing and irrevocable.
This Release shall apply to any and all utilizations of the undersigned’s name(s), personal likeness, and property, including, but not limited to, any visual appearance, video, photograph, poster, or caricature, each of which may utilize, be based upon, or be derived from the undersigned’s likeness, and to all representations, whether previously existing or subsequently prepared, regardless of the media utilized.
SLJ shall be the sole owner of all copyrights, trademarks, character identities, and any uses thereof, and any other proprietary rights whatsoever in and to all such works and shall have the right to assign, sublicense, or otherwise transfer any or all of SLJ’s rights as it so desires without further compensation being due to the undersigned. No partnership, joint venture, or other such relationship shall be deemed to exist between SLJ and the undersigned by virtue of the rights granted herein, and SLJ shall have the sole right to select, edit, or alter any image of the undersigned, or determined the nature, amount, and existence of any commercialization of any image of the undersigned. The undersigned waives any and all rights to inspect or approve any of SLJ’s finished work products, and releases, discharges, indemnifies, and holds harmless SLJ, its directors, officer, shareholders, employees, agents, legal representatives, successors, and assigns from any and all claims, demands, damages, or causes of action, including, but not limited to, any and all claims, demands, damages, or causes of actions based upon rights of publicity, rights of privacy, or the like.
This Release shall be construed and enforced in accordance with the laws of the State of Colorado, and all parties to this Release submit to exclusive jurisdiction and venue in Larimer County, Colorado. In the event any provision of the Release is held to be unenforceable, void, or invalid by a court, arbitrator, or arbitration panel of competent jurisdiction, such provision shall be modified by such court, arbitrator, or arbitration panel only to the extent deemed necessary by such court arbitrator or arbitration panel to make the provision enforceable, as so modified, and this Release shall remain in full force and effect as so modified. This Release shall be binding upon and inure to the benefit of the parties hereto, their respective legal representatives, successors, and assigns.