Last updated: Dec 1, 2022
Bened Life Inc., (the “Company”) desires to use photographs, video, written content and other copyrightable materials and to publicize the name, likeness, and other personal characteristics of the individual named below (“I” or “me”) provided in a Customer Feedback Survey for commercial and business purposes. In exchange for the value I will gain by participating in Company’s projects, the receipt and sufficiency of which I hereby acknowledge, I give Company my permission according to the terms and conditions set forth in this Copyright and Publicity Waiver and Release (“Agreement”).
I hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, (“Authorized Persons”), the rights to display, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my property and my name, image, likeness, and all materials created by or on behalf of Company that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Company and its affiliates and their businesses, products, and services, without further consent from, payment, or other compensation to me.
Company shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by Company, and that Company has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from Company’s editing, alteration, or use of the Materials, or Company’s presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by Company in Company’s sole discretion. Company has no obligation to create or use the Materials or to exercise any rights given by this Agreement.
To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, or any similar claim or cause of action in tort, contract, or any other legal theory (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement. I understand that Company is relying on this Agreement and will incur significant expense in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.
This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior communications. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Company may assign this Agreement and its rights hereunder, in whole or in part, to any party. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California.