For good and valuable consideration, receipt of which is hereby acknowledged, I hereby grant to Eastman Kodak Company, its subsidiaries, affiliates, licensees, successors, assignees, agents, representatives and any persons or entities that Kodak shall designate from time to time (collectively “Kodak”), the absolute and irrevocable right and unrestricted permission to use, re-use, publish and display the attached images (“Images”), in whole or in part, either alone or accompanied by other material (collectively, the “Materials”), in any and all media for any lawful purpose whatsoever, commercial and non-commercial throughout the world in perpetuity in connection with the Kodak Visitor Center.
I hereby warrant and represent that: (1) I own the entire copyright in and to the Images and Materials (as applicable); (2) I have obtained all necessary permissions and clearances from any and all persons depicted in the Images (3) I have executed a Subject Release in addition to this release if I appear in the Images; (4) I have obtained executed Subject Releases from any and all persons depicted in the Images which authorize use of such Images by Kodak as contemplated in this Release, copies of such Subject Releases will be provided to Kodak with the executed version of this Release; and (4) I have the full power and authority to enter into this agreement and grant all of the rights granted herein. I hereby agree to release, indemnify, defend and hold harmless Kodak, against and from any and all claims, damages, losses, liabilities, costs, expenses and fees (including, without limitation, counsel fees, costs and disbursements) arising out of or relating to (1) the breach of any warranty or representation contained herein; and (2) any liability whatsoever resulting from the use of the Images or Materials in accordance with the terms hereof, including but not limited to what might be deemed to be misrepresentation.
I waive all rights to inspect and/or approve any and all Materials created hereunder, including all related advertising ideas, phrases or words, and I shall not have, or claim to have, any right title or interest of any kind or nature whatsoever in such Materials, or in or to any component part, element, character or characterization thereof. I understand that nothing herein shall obligate Kodak to use any of the Images or Materials for any purpose at any time.
This Release contains the entire understanding between the parties regarding the subject matter hereof and supersedes all prior understandings. No waiver, modification or additions to this Release shall be valid unless in writing and signed by the parties hereto. This release shall be construed in accordance with the laws of the State of New York. This Release shall be binding upon me and my heirs, legal representatives and assigns.
I am over 18 years of age and have the right to make this agreement