Right of Publicity Waiver
This Right of Publicity Waiver (“Waiver”) is made by you as user of the Luv All Tennis website (“Site”) and registering agent for your children, or for those consenting third parties on whose behalf you register for classes on this Site (“User”) for and in favor of LRB Unlimited, LLC, dba Luv All Tennis (“LRB”).
In connection with its various business activities, LRB uses a variety of publicity, marketing, promotional and advertising channels, which may include without limitation, brochures, leaflets, newsletters, press releases, promotional videos, sweepstakes and games, speeches, exhibitions, presentations, publications, catalogs, Internet websites, emails, magazine, newspaper and Internet advertisements, television, radio and Internet commercials and programs, and other print, video, telephonic and/or electronic channels (collectively, “Advertising”). LRB may create various literary, visual and/or audio works in connection with its Advertising, including, without limitation, video and audio recordings, photographs, renderings and/or other works of authorship (collectively, “Works”). User may be a participant, interviewee and/or performer in the Works, and/or may contribute quotations, text, phrases, slogans or other copyrightable works of authorship (collectively, “Contributions”) to LRB in connection with creation of the Works.
By registering individuals for classes through this Site, User hereby represents and warrants to LRB that it has all necessary authority, permissions and/or consents to waive the publicity rights set forth herein on behalf of itself and any and all individuals (“Individuals”) it registers for any classes contained on the Site. By registering for classes through the Site, User hereby grants to LRB a non-exclusive, royalty-free, perpetual, irrevocable and worldwide permission and license to reproduce, use and create derivative works of both User’s and Individual’s name, likeness, image, voice, appearance, performance, biography, composition and/or Contributions (collectively, “Use Materials”) in, with and for (a) any Works, in all media now known or later developed; and (b) any Advertising, or other purpose, related to LRB’s business.
User agrees that LRB owns and retains all rights, title and interests, including all intellectual property rights, in and to all Works, free from any claim thereto by User or any Individual. To the extent that User or an Individual owns any rights in the Works, User hereby assigns to LRB all rights, title and interest, including copyrights, in the Works. To the extent any applicable law or treaty prohibits the transfer or assignment of any moral rights or rights of restraint User and/or an Individual may have in the Use Materials, User waives those rights as to LRB, its successors, licensees or assigns.
User acknowledges that Use Materials and each Work may be edited as desired by LRB, and that LRB may reproduce, use, display and distribute the Works containing Use Materials, in whole or in part, as LRB determines in its sole discretion throughout the world, either alone or with other works, for any purpose related to LRB’s business and/or in any media that LRB may determine.
Nothing in this Waiver obligates LRB in any way to reproduce or use any Use Materials in any Works. In consideration for this Waiver, and the rights granted to LRB herein, LRB will provide appropriate attribution in its records for the Use Materials, but may, at its sole discretion, omit such attribution if and when the Use Materials are used. User understands that LRB may or may not attribute credit for the Use Materials to User or any Individual. User acknowledges the receipt and sufficiency of all consideration in connection with this Waiver. User waives and foregoes any other or additional consideration and/or compensation in connection with this Waiver and/or the Works.
User releases LRB from any and all liability, injury, loss, claim or damage whatsoever to any person or property arising from arising from this Waiver and/or any use of the Use Materials.
This Waiver shall be governed by the laws of the State of Michigan (exclusive of its choice of law rules). The place of consummation and performance of this Waiver is Oakland County, Michigan. If any provision of this Waiver is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the fullest extent that it is valid and enforceable under applicable law. All other provisions of this Waiver shall remain in full force and effect.
