Podcast Consent & Release

This shall constitute an agreement (“Agreement”), for good and valuable consideration, the sufficiency of which is hereby acknowledged, I, being over the age majority, grant to WIIM Inc. (“WIIM”) and any of their affiliated companies, its agents, partners and others working for them or on their behalf, and their respective licensees, successors, designees, and assigns (collectively, the “Permitted Parties”) the right, if WIIM so chooses, to reproduce, publish, display, distribute or otherwise use and exploit my image, picture, performance, likeness, voice, name, social media handle or avatar, and/or my biographical information, along with any interviews, films, videotapes, recordings, podcasts and photographs of me (collectively, my “Likeness”), and, if I own a company, the name of my company, the logo of my company, the city and state in which my company is located (collectively, “Company Information”), as well as any materials or assets I provide (“Content”), and comments, endorsements, testimonials and/or statements made by me concerning WIIM (collectively, the “Statements”), in any manner, media, or venue whatsoever (whether now known or hereafter devised), anywhere in the world in perpetuity for any purpose, including, without limitation, for advertising, marketing, trade and promotional purposes, in materials of any kind (collectively, the “Materials”).

I agree, on behalf of myself and, if applicable, my company, that any contributions I or, if applicable, others from my company make in connection with the Materials are a work-for-hire for WIIM for copyright purposes, or if for any reason held not to be a work-for-hire (e.g., Likeness, Content Company information), I, on behalf of myself and my company, shall retain ownership and will provide to WIIM a fully paid up, license free right, title and interest I or my company may have in and to the Materials. I hereby waive the benefit of any law known as droit moral (or moral rights) and of any similar law anywhere in the world. I further agree, on behalf of myself and my company, that neither I nor, if applicable, anyone else from my company shall have any right to approve any of the Materials, or any elements of the Materials, so long as such Materials are made from content provided by me. I, on behalf of myself and, if I own a company, my company, release the Permitted Parties from any liability or claim. WIIM releases me, my company, my contractors from any liability or claim. I agree that the rights granted by me in this Agreement do not conflict with any commitment on my or, if I own a company, my company’s part. I agree to (i) ensure that my statements to the Permitted Parties reflect my honest opinions, beliefs, and experiences with WIIM, (ii) ensure that such statements do not include representations about WIIM that are untrue, misleading, unsubstantiated or deceptive; and (iii) in the event I make any public statements in connection with Permitted Parties, shall clearly and conspicuously disclose my affiliation with Permitted Parties (as applicable) in accordance with the Federal Trade Commission (“FTC”) Guides Concerning the Use of Endorsements and Testimonial in Advertising (and related FTC guidance). I agree to immediately inform WIIM of any material changes in beliefs, findings or opinions that I have expressed to any Permitted Parties. WIIM has the right to modify, edit, shorten, alter, and combine with other material my Content, Likeness, Statements, Company Information or the Materials, so long as the Materials are not materially changed.

IN NO EVENT SHALL THE PERMITTED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, NOR FOR ANY LOST PROFITS OR REVENUES, IN CONNECTION WITH OR ARISING OUT OF THIS CONSENT & RELEASE.

This Agreement and the interpretation of this Agreement’s terms will be governed by and construed in accordance with the laws of the State of New York, without regard to New York’s conflicts of laws rules. The Parties consent to the exclusive jurisdiction of the Supreme Court of the State of New York with respect to any disputes, claims, controversies or other actions or proceedings arising under this Agreement and agree that exclusive venue for any such action will lie in New York County. The Parties hereby waive any and all rights to commence any action or proceeding before any other court or judicial body or in any other venue with respect to the subject matter of this Agreement. The Parties hereby consent to the personal jurisdiction of the Supreme Court of the State of New York.

This Agreement contains the entire understanding between me and WIIM with respect to the subject matter hereof, may not be altered or waived except by a writing signed by both parties. Delivery of an executed signature page by .pdf or email shall be as effective as delivery of a manually executed signature page. Electronic signatures shall be deemed original signatures.

I affirm that I have the right to grant all of the rights granted hereunder, to bind my company to the terms herein, and to agree to all of the provisions of this Agreement, on my behalf and, if I own a company, on behalf of my company.