Testimonial and Depiction Authorization Release Terms
I hereby irrevocably agree and consent that Reverse Mortgage Funding LLC, a Delaware limited liability company, and its parent companies, subsidiaries, affiliates, employees, agents, officers, directors, managers, representatives, successors, licensees, and assigns (collectively, the “Company”) may publish, broadcast, distribute, disseminate, display or otherwise use all or any part of any written testimonial, text, photograph, image, video, silhouette, audio recording or other reproduction of my image, likeness, depiction, voice or property in all forms and media, including composite or modified representations (collectively, the “Materials”), for all purposes, including, without limitation, publicity, advertising, social media, educational, training, trade or any other commercial purposes throughout the world and in perpetuity without limitation and without compensation to me. I hereby grant permission to the Company to edit, rephrase, crop, retouch or otherwise modify any such Materials and I waive any right to inspect the final version. I understand that the Company may use such Materials with or without associating names thereto.
I hereby fully and forever discharge and release the Company from any and all claims, demands, liabilities, damages, costs and expenses (including, but not limited to, attorneys’ fees and fees of other professionals) that I may now or hereafter have against the Company arising in connection with its use of such Materials , including, without limitation, claims for compensation of any kind, defamation, invasion of privacy, or other claims for infringement or violation of personal property rights of any sort whatsoever. I further covenant and agree to not sue or otherwise initiate legal proceedings against the Company for any use of my image, likeness, depiction, voice or property as referenced herein. In no event shall I have the right to enjoin the Company from the use of my image, likeness, depiction, voice or property as referenced herein.
I relinquish all rights to use any of the above-referenced Materials. I acknowledge and agree that the Company will own all right, title and interest, including, without limitation, all copyrights, rights of authorship and other intellectual property rights in and to the above-referenced Materials, and I agree that the same is and shall be deemed a “work made for hire” as that term is understood and interpreted under U.S. and international copyright laws. To the extent ownership of the Materials does not automatically vest in the Company, I hereby grant and assign to the Company for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, all right, title and interest in any copyrights to the property, all renewals, extensions and/or reversions thereof now or hereafter provided by law and the right to recover for past infringement thereof) or any other proprietary right of any kind whatsoever. I hereby agree to execute all documents reasonably requested by the Company to effectuate the foregoing. I agree that any assignment of copyright hereunder (and any ownership of a copyright as a work made for hire) includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights” (collectively “Moral Rights”). To the extent such Moral Rights cannot be assigned under applicable law and to the extent the following is allowed by the laws in the various countries where Moral Rights exist, I hereby waive such Moral Rights and consent to any action of the Company that would violate such Moral Rights in the absence of such consent.
I reasonably believe that the Materials are free of obscenity and other unlawful matter, and do not infringe the intellectual property or privacy rights of any other individual or entity.
I acknowledge and agree that nothing in this Depiction Authorization and Release obligates the Company to make use of any Materials.
This Depiction Authorization and Release shall be binding upon me, my family and spouse and my respective heirs, executors, administrators, personal representatives and assigns, and shall be governed by and construed under the laws of the State of New York without regard to conflicts of laws principles. I consent and agree that any mediation, action, suit or other proceeding arising out of this Depiction Authorization and Release may be brought only in the state or federal courts in and for New York County, New York, and I further consent and agree that venue for such actions shall lie exclusively with such courts. I HEREBY WAIVE MY RIGHT TO A TRIAL BY JURY.