Consent and Terms

Hometown Heroes Copyright, License, Image Consent and Release Terms​

In con​sideration of the opportunity for the photograph(s), video(s), and/or other forms of image(s) to which I reply #AriensIAgree or #GravelyIAgree ("the Work") to appear in Ariens Company's ("Ariens") commercial, advertising, publicity, promotional, or other materials, and for other good and valuable consideration, the receipt and sufficiency of which is here acknowledged, by replying #AriensIAgree or #GravelyIAgree, I agree as follows:

  1. I hereby grant Ariens a worldwide, perpetual, irrevocable, freely transferable, sublicensable, royalty-free, fully-paid, nonexclusive license to publish the Work, and to reproduce, distribute, sell, create derivative works of, publicly display, or otherwise use the Work for commercial, advertising, publicity, promotional, or any other legal purposes, in any medium or format now existing or hereafter created, including without limitation print and electronic formats.
  2. Ariens shall own all rights in works, other than the Work, but including derivatives of the Work, made by its employees, agents, directors, owners, advisors or independent contractors in the course of conducting its activities, together with all intellectual property rights therein, even if related to the Work.
  3. I represent and warrant that I am the original photographer, videographer, or by any other means, creator of the Work and owner of the entire right, title, and interest in and to the Work.
  4. I represent and warrant that I have the right to license the Work.
  5. I represent and warrant that I will not dispute or challenge, or assist any person or entity in disputing or challenging, Ariens's rights in and to the Work.
  6. I represent and warrant that the Work does not infringe upon any privacy or publicity right, or contain any obscene, indecent, scandalous, libelous, defamatory, or unlawful matter.
  7. In the event my name, likeness, image, and/or other identifying features appear in the Work, I grant unconditional consent, waiver, and release of liability to Ariens and any third parties to whom Ariens grants the right permission to use, re-use, publish, and re-publish my name, likeness, image, and/or other identifying features for commercial, advertising, publicity, promotional, or any other legal purposes, in any medium or format now existing or hereafter created, including without limitation print or electronic format, in whole or in part, in complete, partial, or composite form, without restriction as to changes or alterations, alone or in conjunction with any wording, including my name or social media handle.
  8. I hereby waive any and all claims I may now or hereafter have to my moral rights in the Work.
  9. I understand and agree that I have no right to compensation or to review or approve the final copy or the printed matter that may be used in connection with the final copy or the use to which the final copy may be applied before it is used by Ariens. I hereby release and discharge Ariens from any and all claims and demands arising out of or in connection with the use of the Work.
  10. I represent and warrant that no minor under the age of 18 or identifying information pertaining to any minor under the age of 18 appears in the Work.
  11. I represent and warrant that no other individual besides myself or identifying information pertaining to any other individual besides myself appears in the Work unless all individuals who appear or whose identifying information appears have provided written consent.
  12. I represent and warrant that I will defend, hold harmless, and indemnify Ariens and its officers, employees and agents from and against any claims, demands, or causes of action whatsoever, including, but not limited to claims of intellectual property infringement or violation of rights of publicity, caused by, or arising out of, or resulting from, the exercise or practice of the license granted here by me.
  13. The Terms and performance under the Terms shall be governed, construed and enforced in accordance with the laws of the United States of America and of the laws of the State of Wisconsin (notwithstanding any choice of law principles).
  14. The termination of the Terms shall not relieve me of the obligations imposed by the Terms. The provisions of the Terms shall survive termination of the Terms.
  15. I agree, as an initial matter, to meet, negotiate in good faith, and attempt to resolve amicably, without litigation, any controversy or any disputed claim arising under or related to the Terms. Prior to resorting to litigation, I shall confer in good faith with respect to the possibility of resolving the matter through mediation with JAMS, Inc.
  16. If unable to resolve the matter by the means described in Section 15 of the Terms, I agree on the state and federal courts sitting in the State of Wisconsin as the sole and exclusive venues for resolving disputes, and hereby submit to the jurisdiction of such courts.
  17. The Terms herein constitute the entire and only agreement between Ariens and me for the Work and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No amendments altering or adding to the terms listed here may be made except by a written document signed by both me and Ariens.
  18. Failure to enforce a right under these Terms will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.
  19. If any term or provision of the Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the enforceability of any other term or provision of the Terms, or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify the Terms to effect the original intent of the parties as closely as possible in order that the transactions contemplated here be achieved as originally contemplated to the greatest extent possible.

I declare under the penalty of perjury under the laws of the U.S.A. that the foregoing is true and correct. I acknowledge that I have read and fully understand the above text; agree to the terms, without reservation; and am at least eighteen years of age and competent and capable of giving the above consent. This release shall be binding on me and my heirs, legal representatives, and assigns.

After reviewing the Image Consent and Release Terms ("Terms") and replying #AriensIAgree or #GravelyIAgree, I grant unconditional consent, waiver, and release of liability to Ariens and any third parties to whom Ariens grants the right permission to use, re-use, publish, and re-publish my name, likeness, image, and/or other identifying features for commercial, advertising, publicity, promotional, or any other legal purposes, in any medium or format now existing or hereafter created, including without limitation print or electronic format, in whole or in part, in complete, partial, or composite form, without restriction as to changes or alterations, alone or in conjunction with any wording, including my name or social media handle.

I understand and agree that I have no right to compensation or to review or approve the final copy or the printed matter that may be used in connection with the final copy or the use to which the final copy may be applied before it is used by Ariens. I hereby release and discharge Ariens from any and all claims and demands arising out of or in connection with the use of the photograph(s), video(s), and/or other forms of image(s) in which I appear that include my reply of #AriensIAgree or #GravelyIAgree.

I declare under the penalty of perjury under the laws of the U.S.A. that the foregoing is true and correct. I acknowledge that I have read and fully understand the above text; agree to the terms, without reservation; and am at least eighteen years of age and competent and capable of giving the above consent. This release shall be binding on me and my heirs, legal representatives, and assigns.

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