Photo Use Agreement & Release

PLEASE READ CAREFULLY

To: Swamp Donkey Musical Theatre Society and its respective directors, officers, employees, volunteers, members, and others providing services to them, and their successors and assigns (“SDMTS”):

In good and valuable consideration of the Swamp Donkey Musical Theatre Society providing digital images of photographs from their production of the musical (“the Images”),

I HEREBY REPRESENT, COVENANT, WARRANT, AND AGREE AS FOLLOWS:

1. 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 signing this Agreement; I have the legal capacity and authority to sign this Agreement on my behalf; and this Agreement binds and is effective against me; or
2. In the case of a Minor(s), 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 signing this Agreement; I have the legal capacity and authority to sign this Agreement on behalf of the Minor(s) named below; and this Agreement binds and is effective against myself and the Minor(s).
3. I understand and agree that I have purchased the Images from the Swamp Donkey Musical Theatre Society.
4. I understand and agree that my purchase of the Images does not provide me with copyright of the Images or derivative works thereof.
5. I understand and agree that I have been granted permission to use and reproduce the Images for my personal use only, including printing, copying, emailing, and distributing on social media.
6. I agree not to use the Images or any part thereof for commercial use or financial gain of any kind including but not limited to advertising, business promotion, print sale profits, and/or resale of any nature without the express written permission of Life Capture which can be contacted by email at adam@lifecapture.ca and the Swamp Donkey Musical Theatre Society which can be contacted by email at swampdonkeytheatre@gmail.com. I understand and agree that a fee may be payable to Life Capture in order to use the Images for commercial use or financial gain.
7. I agree not to modify, change, or alter the Images or any part thereof in any way, directly or indirectly, without the express written permission of the Swamp Donkey Musical Theatre Society. I may, however, edit the Images to my preferred dimensions.
8. I understand and agree that if I use the Images or any part thereof on any social media platform including but not limited to Facebook, Instagram, and Twitter, I must provide credit to the photographer as follows: “Photos by Adam Peariso – lifecapture.ca”.
9. I agree not to use or reproduce the Images or any part thereof in any way that, in the opinion of the Swamp Donkey Musical Theatre Society, brings the reputation of SDMTS into disrepute.
10. By using the Images or any part thereof, I agree to all of the terms set out above.

I UNDERSTAND AND AGREE, ON BEHALF OF MYSELF AND MY HEIRS, NEXT OF KIN, ASSIGNS, AND PERSONAL REPRESENTATIVES, THAT MY EXECUTION OF THIS DOCUMENT CONSTITUTES:

11. A FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL CLAIMS that I have, or may in the future have, against SDMTS and any persons associated therewith from distributing, reproduction, or use of the Images or any part thereof in any capacity whatsoever, from any and all liability for any loss, injury, cost, damage, or expense of any form or type whatsoever that I may suffer as a result of the distribution, reproduction, or use of the Images or any part thereof, due to any cause whatsoever, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE RELEVANT OCCUPIERS’ LIABILITY ACT ON THE PART OF THE RELEASEES.
12. AN AGREEMENT NOT TO SUE SDMTS for any loss, injury, cost, damage, or expense of any form or type whatsoever, howsoever caused or arising, and whether directly or indirectly, from the distribution, reproduction, or use of the Images.
13. AN AGREEMENT TO INDEMNIFY, AND TO SAVE AND HOLD HARMLESS SDMTS, and each of them, 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 me or by that of my estate, whether the claim is based on negligence or gross negligence or otherwise as stated above.
14. AN AGREEMENT that is irrevocable and perpetual, and is not subject to termination, revocation, or rescission by me or any other person for any reason. This Agreement has priority over all other agreements in connection with the Services. 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. This Agreement is binding on me and my heirs, next of kin, executors, administrators, successors, assigns and personal representatives. 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 Queen’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.