Simple Mills, Inc., a Delaware corporation, and its parent, subsidiaries and/or affiliated companies (collectively, “Simple Mills”) desires to use and publicize the name, likeness and other personal characteristics and private information of the individual named below (“I” or “me”) for advertising, promotion and other commercial and business purposes. I give Simple Mills my permission for such use and publicity for such purposes, according to the terms and conditions set forth in this General Release (“Agreement”).
1. I hereby irrevocably permit, authorize and license Simple Mills, and its affiliates, successors and assigns, and their respective licensees, advertising agencies, promotion agencies and fulfillment agencies, and the employees,
officers, directors and agents of each and all of them (“Authorized Persons”), the right to display, transmit, broadcast, film, record, photograph, digitize, modify, alter, edit, adapt, reproduce, license, otherwise use, and permit others to use my name, likeness, image, voice, appearance, and performance in all media created by or on behalf of Simple Mills (the “Materials”), in any medium or format whatsoever now existing or hereafter created, including, but not limited to, in and on magazines, brochures, cable and television broadcast, display and other advertising and
promotional materials, press releases, internet and other digital transmission, on any platform (e.g., print or social
media) and for any purpose, including but not limited to marketing and promotion of Simple Mills and its business
and products (the “Authorized Use”) on a perpetual basis throughout the world without further consent from or
royalty, payment or other compensation to me.
2. Simple Mills will be the exclusive owner of all rights, including copyright, in the Materials (including all film, photographs, and other recordings, including outtakes and behind-the-scenes footage). I hereby irrevocably transfer, assign, and otherwise convey to Simple Mills 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 Simple Mills, and that Simple Mills has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from Simple Mills or Authorized Persons’ editing, alteration or use of the Materials. Simple Mills has no obligation to use the Materials or to exercise any rights given by this Agreement.
3. 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, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement and the use and exploitation of the Materials, and whether resulting in whole or in part by the negligence of Simple Mills or any other person, covenants not to make or bring any such Claim against any Authorized Person and forever releases and discharges the Authorized Persons from liability under such Claims.
4. I represent and warrant to Simple Mills that the Authorized Person’s use of the Materials and the rights and license granted hereunder do not, and will not, violate any right of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from any third party is required in connection herewith. I agree to defend, indemnify and hold harmless the Authorized Persons from and against all Claims by third parties resulting from my breach of any of the foregoing representations and warranties.
5. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other
jurisdiction. This Agreement is binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. 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 Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Any claim or cause of action arising under this Agreement shall be brought only in the federal and state courts located in Chicago, Illinois and the parties hereby consent to the exclusive jurisdiction of such courts.
THIS AGREEMENT PROVIDES SIMPLE MILLS WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, ALLOWING SIMPLE MILLS TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SIMPLE MILLS.
IN WITNESS WHEREOF, I have executed this release