Image and Name Consent: Adults

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I represent and confirm that I am eighteen (18) years of age or over; I am not legally incapacitated (whether pursuant to the Bankruptcy and Insolvency Act (Canada), the Dependent Adults Act (Alberta), and/or other legislation) from granting this consent and release; I have the legal capacity and authority to grant this consent and release on my behalf; and this consent and release binds and is effective against me.

I hereby give consent to Swamp Donkey Musical Theatre Society and its respective directors, officers, employees, volunteers, agents, members, assigns, legal representatives and/or parties designated by the Society (collectively the “Society”) to take photographs, video recordings, and/or audio recordings of me and to use such photographs, video recordings, and/or audio recordings (collectively the “Images”) and/or my name in connection with the Images in all forms of media including but not limited to print media, digital media, the internet, social media sites, media releases, and broadcasts for any and all promotional purposes including but not limited to advertising, display, audiovisual, exhibition, and editorial use.

I understand that my consent cannot be revoked once the Images and/or my name have been published in electronic or print form.  I further understand that the Society cannot control unauthorized use of the Images and/or my name by persons not associated with the Society once the Images and/or my name have been published.

I waive any right that I have to inspect or approve any publication of the Images and/or my name by the Society.  I understand and agree that I will not receive any payment or royalty for the publication of the Images and/or my name.

I hereby release and waive any and all claims that I have, or may in the future have, against the Society and any persons associated therewith arising from the use and/or publication of the Images and/or my name in any capacity, from any and all liability for any loss, injury, cost damages or expense of any form or type whatsoever that I suffer as a result of the use and/or publication of the Images and/or my name in any capacity due to any cause whatsoever.

I further agree not to sue the Society and any persons associated therewith for any loss, injury, cost, damage, or expense of any form or type whatsoever, however caused or arising, and whether directly or indirectly, from the use and/or publication of the Images and/or my name in any capacity by the Society.

I further agree to indemnify, and to save and hold harmless the Society and any persons associated therewith from any litigation expense, legal fees, liability, damage, award, or cost, of any form or type whatsoever, which they may incur due to any claim made against them or any one of them by or on behalf of me or by my estate.

This consent and release shall be effective and binding upon me, and my heirs, next of kin, executors, administrators, successors, assigns, and personal representatives.

This consent and release is irrevocable and perpetual, and is not subject to termination, revocation, or rescission by me or any other person for any reason.

This is the entire agreement between the parties and shall supersede and revoke all verbal or written communications or representations.  I am relying only on the provisions of this Agreement and no other verbal or written communications or representations.

This Agreement may only be modified by a written instrument signed by all the parties or their successors or assigns.

Should any provision of this Agreement be invalid, illegal, or unenforceable for any reason whatsoever, that provision shall be considered distinct and severable from the remaining provisions of this Agreement, which shall remain in force and be binding as though such inoperative provision had not been included.

All references in this Agreement to statutory enactments or sections or provisions thereof shall be deemed to extend and apply to any amendments to such statutes and the regulations thereunder.

All references in this Agreement to the singular shall include the plural and vice versa, and all references to the masculine gender in this Agreement shall include the feminine and neuter genders and vice versa.

This Agreement and all related matters shall be governed by and interpreted in accordance with the laws in force in the Province of Alberta, Canada and the Court of King’s Bench in Calgary, Alberta shall have original and exclusive jurisdiction over any dispute arising from, connected with, or relating to this Agreement or any related matter.

I certify that I have carefully read and fully understand the provisions of this consent and release and agree to be bound by them.  I further understand that by signing this consent and release I am waiving certain legal rights that I and my heirs, next of kin, executors, administrators, successors, assigns, and personal representatives may have against the Society.

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