LIFT LLC.
This MEDIA RELEASE AND RIGHT OF PUBLICITY WAIVER is entered into between the Client named above ("I," "me," or "Client") and LIFT LLC. ("Company") on the date written above.
Definitions are as set forth in the Company's Terms and Conditions.
In consideration of a coupon for 10% off one month of coaching and other good and valuable consideration, the receipt and sufficiency of which Client hereby acknowledges, together with the mutual benefits arising from the use of Client's media content for promotional purposes, Client agrees to the following terms.
By signing this Release, I ("Client") grant LIFT LLC. ("Company") the absolute right and permission, to the maximum extent permitted by applicable law, to use, reproduce, distribute, display, edit, modify, create derivative works from, and otherwise exploit any and all media I have provided or will provide to the Company, including without limitation my name, likeness, voice, image, audio recordings, video recordings, transformation photos, transformation videos, progress photos, progress videos, reels, clips, before-and-after content, testimonials, and any other visual or audio content featuring me (collectively, "Client Media"), for any commercial or non-commercial purpose, across all platforms and media channels now known or hereafter invented, including but not limited to Instagram, TikTok, YouTube, Facebook, Pinterest, X (Twitter), Snapchat, the Company website, paid digital advertising, print, and email marketing, without geographic limitation, without additional consent, and without any additional compensation whatsoever.
I agree that Client Media may be incorporated into Company materials ("Works"). I agree that Company is and will be the sole and exclusive owner of all right, title, and interest in and to the Works, (including outtakes and behind-the-scenes footage), and all copyrights and other intellectual property rights therein, in perpetuity throughout the universe.
I represent and warrant that: (a) I am at least 18 years of age and have full legal capacity to enter into this Release; (b) I own all rights in the Client Media I have provided and have full authority to grant this Release; (c) the Client Media does not contain any third-party copyrighted music, sounds, images, or other content I do not have the right to sublicense; (d) if recorded in a state requiring all-party consent for recording, including California, Illinois, Maryland, Washington, Connecticut, Florida, Michigan, Montana, Nevada, New Hampshire, Oregon, and Pennsylvania, all parties visible or audible in the recording have consented to the recording and its publication; (e) use of my Client Media will not infringe any third-party rights; and (f) I have not been promised any specific result, refund, or additional compensation in exchange for signing this Release.
I hereby agree to indemnify the Company against all claims arising out of my breach of my representations and warranties in this document.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, I HEREBY WAIVE: (A) ANY AND ALL RIGHTS OF PUBLICITY, RIGHTS OF PRIVACY, MORAL RIGHTS, AND NEIGHBORING RIGHTS IN CONNECTION WITH THE COMPANY'S USE OF MY CLIENT MEDIA IN ANY JURISDICTION WORLDWIDE, INCLUDING BUT NOT LIMITED TO RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 3344, THE ILLINOIS RIGHT OF PUBLICITY ACT, AND ALL SIMILAR STATE STATUTES; (B) ANY RIGHT TO REVIEW OR APPROVE EDITS, MODIFICATIONS, OR FINAL VERSIONS OF CONTENT INCORPORATING MY CLIENT MEDIA PRIOR TO PUBLICATION; (C) ANY CLAIM FOR COMPENSATION OF ANY KIND ARISING FROM THE COMPANY'S USE OF MY CLIENT MEDIA; AND (D) ANY RIGHT TO DEMAND REMOVAL OF CLIENT MEDIA ALREADY PUBLISHED OR DISTRIBUTED BY THE COMPANY, INCLUDING FROM THIRD-PARTY PLATFORMS WHERE REMOVAL IS NOT TECHNICALLY FEASIBLE.
The rights granted herein are perpetual and valid in every country and throughout the universe and survive the termination or cancellation of Client's coaching Subscription with the Company. To the maximum extent permitted by applicable law, this Release may not be revoked after signing. If applicable law in Client's jurisdiction requires a right of revocation, Client agrees to provide no less than twelve (12) months written notice to strongvampirex@gmail.com before any revocation takes effect, and such revocation shall not apply retroactively to Client Media already published or distributed.
I acknowledge that: (a) the Company may display "Results Not Typical," "Individual Results May Vary," or similar disclosures alongside my Client Media as required by FTC guidelines; (b) my results are individual and are not guaranteed to be typical of other users; (c) any testimonial I provide reflects my honest opinion and actual experience.
This Release shall be governed exclusively by the laws of the State of Wyoming, without regard to conflict of law provisions. Any disputes arising from this Release shall be resolved exclusively through binding arbitration in Sheridan County, Wyoming under the rules of the American Arbitration Association or JAMS, at the Company's election, applying Wyoming law. Client waives any right to a jury trial and any right to participate in a class action arising from this Release.
BY SIGNING BELOW, CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT: (I) CLIENT HAS READ THIS ENTIRE RELEASE AND FULLY UNDERSTANDS ITS TERMS; (II) CLIENT HAS HAD A REASONABLE OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF CLIENT'S OWN CHOOSING PRIOR TO SIGNING; (III) THE RIGHTS GRANTED HEREIN ARE PERPETUAL AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAY NOT BE REVOKED; (IV) CLIENT IS WAIVING SIGNIFICANT LEGAL RIGHTS INCLUDING THE RIGHT OF PUBLICITY AND RIGHT OF PRIVACY WITH RESPECT TO THE CLIENT MEDIA; (V) CLIENT MEDIA DOES NOT CONTAIN THIRD-PARTY COPYRIGHTED CONTENT WITHOUT PROPER LICENSE; AND (VI) CLIENT'S RESULTS ARE NOT TYPICAL AND CLIENT CONSENTS TO REQUIRED FTC DISCLOSURES ALONGSIDE CLIENT'S CONTENT. THIS IS A LEGALLY BINDING AGREEMENT.
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