RELEASE AGREEMENT
This Release Agreement ("Agreement") is entered into between Greenway Health, LLC (“Greenway”)and you. The Effective Date of this Agreement shall be the date that you click "Accept" acknowledging that you have given your informed consent with respect to agreeing to be bound by the terms and conditions of this Agreement.
RECITALS
WHEREAS, Greenway desires to use and publicize the Works relating to you for purposes of advertising, promotional, commercial, and other related business purposes;
WHEREAS, in exchange for valuable consideration, the receipt and sufficiency of both parties acknowledge, you give Greenway permission for such use and publicity for such purposes according to the terms and conditions set forth in this Agreement.
TERMS AND CONDITIONS
1. DEFINITIONS
1.1 "Works" shall mean any and all existing or future names, photographs, likeness, graphical images, stories, histories, interviews, or the like, both printed and electronic in form, taken of, or from, you for Greenway by any of its employees or others that it has engaged for that purpose, along with any other likenesses of your image created by or acquired by Greenway, in addition to any statements, testimonials and data related to the foregoing, and any video and/or audio recordings that include you that are created.
2. PERMITTED USES AND DISCLOSURES
2.1 In consideration of your willingness to participate, you irrevocably grant to Greenway, its related entities, and any of its other affiliates, licensees, successors, and assigns, the full right to create, possess and obtain Works or have Works created for it by a third party, such as but not limited to a photographer or web designer, and to copyright, adapt, edit, summarize, reproduce, perform, display, distribute, publish, license, sell, broadcast, post or stream over the Internet, copy, modify and use any of the Works for any appropriate business or administrative purpose, including, but not limited to the following: sales and marketing materials, advertisements, publications, displays and exhibitions, testimonials, reports, distribution, web sites and demonstrations. The use may be in any media now or hereafter known. This permission extends to all languages, media, formats and markets now known or hereafter devised. You further acknowledges that Greenway is under no obligation to actually use any Works for any purpose.
2.2 You agree that all copies (including negatives) of the Works shall be the sole and exclusive property of Greenway. Greenway shall be the exclusive owner of all rights, including copyright, of any such works.
2.3 To the fullest extent permitted by applicable law, you 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, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, 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 Greenway’s exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Works, and whether resulting in whole or in part by the negligence of Greenway or any other person, covenants not to make or bring any such Claim against Greenway, it successors and assigns, and forever releases and discharges Greenway from liability under such Claims. You understand that Greenway is relying on this Agreement and will incur significant expense in reliance on this Agreement, and you agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.
2.4 You agree that you will not have a right to receive any additional compensation or other consideration for the use of any Works as authorized herein. You understand that you may terminate this release in a writing delivered to Greenway, but no such termination will act to revoke this release and waiver, and the rights granted hereunder with respect to any Works existing prior to termination.
3. LIMITATION OF LIABILITY
GREENWAY SHALL NOT BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL,SPECIAL,OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, AS IT RELATES TO THIS PRESENT AGREEMENT. BY AGREEING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS.