Kyle’s Seriously Committing Program | Terms of Service
*No refunds or exchanges.
*Participants must be over the age of 18.
*Acceptance to program is dependent on final consideration by Evolving Out Loud.
*Ongoing group participation is subject to the discretion of Evolving Out Loud.
APPEARANCE RELEASE AND WAIVER
For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, I authorize Evolving Out Loud Inc., Kyle Cease and his affiliates, licensees, successors, agents and assigns (collectively, the “Company”) to make use of my Appearance (as defined below) on or at, and/or in connection with the Company’s events (including, without limitation, “Kyle’s Oh My God Am I Seriously Committing On This Level and Actually Changing My Life for Real and Not Just Talking About It Thing”), marketing, educational products, websites, or in connection with any other media or platform now known, hereafter devised, or used by Company in perpetuity (each of the foregoing individually and collectively the “Program”). I agree that Company may tape and photograph me, my performance, and record my name, likeness (including, without limitation, any still photographs, artistic or creative renderings or caricatures, normal actions, gestures, and facial expressions), name (including, without limitation, any professional name or sobriquet) and/or voice (including, without limitation, my speaking, singing and/or musical or other performance), any biographical material concerning me, conversation and sounds during and in connection with my appearance, and that Company shall be the exclusive owner of any and all rights and the results and proceeds of such audio and/or video taping, filming, photography and recording (collectively, “Appearance”) with the right to use, copyright, and to license others to use, all or any portion thereof, or a reproduction thereof, for the promotion, marketing advertising, sale, publicizing, distribution, production, licensing and exploitation of the Program, the Company and/or otherwise, and in connection with any ancillary products related to the Company and/or Program in any and all media now known or hereafter devised, throughout the world and for an unlimited number of times in perpetuity. For purposes of clarity, I expressly waive any and all moral rights I may have in connection with the Appearance. I further represent that any statements made by me during my appearance are true, any material I perform or provide is wholly original and owned solely by me, and that neither they nor my appearance will violate or infringe upon the rights of Company and/or any third party. I hereby waive any right of inspection or approval of my Appearance or the uses to which such Appearance may be put and I acknowledge that Company will rely on this permission. I acknowledge that in entering into it, I am not relying upon any promises or statements not contained in this release. Company may assign or transfer this release or all or any of the portion of the rights granted herein to any third party.
I hereby release, indemnify and hold harmless Company from any and all claims, demands, liabilities, costs and expenses (including, without limitation, attorneys’ fees and court costs) arising from my breach of this release or any of my representations and warranties, the use of the Appearance and the use of ideas or words expressed by me in the Program or acts done by me in connection therewith. I expressly and voluntarily assume all risk and liability in connection with the Program, including without limitation, any death or injury to myself, or to any person or property, and for all other risks and liabilities arising from the Program or in connection therewith. I acknowledge and agree that Company is not responsible for any damages, costs, expenses or injuries I, or my property, may suffer. I further acknowledge that I am solely responsible for all damage, costs, expenses or injury I, or my property, may suffer. Additionally, I hereby release, waive, and discharge Company to the maximum extent permitted by law, of any and all liability, claims, demands, actions, causes of action, costs and expenses of any kind whatsoever (including without limitation attorneys’ fees and costs) arising out of or related to any loss, damage, harm, death, or other injury, that may be sustained by me or any property belonging to me, whether caused by the negligence of Company or otherwise. This waiver and release extends to and includes any and all claims, liabilities, injuries, damages and causes of action that I do not presently anticipate, know, or suspect to exist, but that may develop, accrue or be discovered in the future and as such I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with debtor.” The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived. I agree and covenant on behalf of myself, my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors, and assigns, that I shall not directly or indirectly institute or seek any legal, equitable (including having no right to seek an injunction), administrative, or other action, complaint, or proceeding against Company arising from or in connection with the Program, Appearance and/or otherwise. Any dispute arising out of this release must be brought before, and adjudicated by, only a competent court located in the State of California and County of Los Angeles under the laws of the State of California.