I represent that I have made the statement above (the “Share My Story Statement”) and grant Empi, 599 Cardigan Road, Saint Paul, MN 55126, (the “Company”) perpetually and irrevocably, the unconditional and exclusive right throughout the universe to use, to use the statement above, and attribute that statement to me as a quotation, using my name, title, business name, biographical material, incidents, situations and events which heretofore occurred or hereafter occur (in whole or in part) based upon or taken from the Testimony or otherwise, in connection with video recordings, sound recordings, publications, advertising materials, medical “white-papers,” promotional materials, and any and all other media of any nature whatsoever, whether now known or hereafter devised (a “Work” and collectively, “Works”) (all rights are hereinafter referred to as the “Granted Rights”). Without limiting the generality of the foregoing, it is understood and agreed that said exclusive rights includes television, radio, sound recording, publishing, commercial tie-up, merchandising, advertising and publicity rights in all media of every nature whatsoever, whether now known or hereafter devised. I acknowledge that all Works produced in connection with this Consent and Release will be and remain the absolute and exclusive property of Company forever, and that I do not now have, nor will have in the future, any right, title or interest of any kind or nature whatsoever in the Works, or in or to any component, part, element, character or characterization thereof. I waive any right to inspect or approve the Works. I waive any right to royalties or other compensation arising from or relating to the use of the Works. I further acknowledge that I am to receive no further payment with respect to any matter referenced to herein. Any or all of the Granted Rights shall be freely assignable by Company. Nothing in this Consent and Release shall ever be construed to restrict, diminish or impair the rights of either the Company or me to utilize freely, in any work or media, any story, idea, plot, theme, sequence, scene, episode, incident, name, characterization or dialogue that may be in the public domain from whatever source derived.
In the event of a Division name change, I agree that my reference to Empi within the testimonial can be changed to the new Division name without further approval required.
I waive any right that I may have to inspect or approve the finished product(s) and the advertising copy or other matter that may be used in connection therewith.
In addition, I agree that my consent provided through this Agreement is irrevocable, and I agree hereby to release and discharge the Company, its employees, agents, licensees, successors and assigns from any and all claims, demand or causes of action that I may now have or may hereafter have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any utilization of the Granted Rights or based upon any failure or omission to make use thereof.
This Consent and Release expresses the entire understanding between the Company and me with respect to this matter, and I agree that no oral understandings have been made with regard thereto. This Consent and Release may be amended only by written instrument signed by the Company and mese. I acknowledge that in granting the Granted Rights I have not been induced to do so by any representations or assurances, whether written or oral, by the Company or its representatives relative to the manner in which the Granted Rights may be exercised, and I agree that the Company is under no obligation to exercise any of the Granted Rights and acknowledges that I have not received any promises or inducements other than as herein set forth. The provisions hereof shall be binding upon me and my heirs, executors, administrators and successors. This Consent and Release shall be construed in accordance with the laws of the State of Minnesota.
I warranty that I am of full age and receiving no compensation/remuneration for providing this testimonial story.