PLEASE NOTE: THE UNAUTHORIZED USE OR COPYING OF THIS DOCUMENT IS IN DIRECT VIOLATION OF INTELLECTUAL PROPERTY LAWS AND IS STRICTLY PROHIBITED!  

This Testimonial Release Agreement (“Agreement”), is made by and between Natalie Puglisi, PC (“Company”) and You (“Participant”) (collectively the “Parties”).

1.     TERMS.

a.    Participant agrees, consents, grants, and authorizes the Company to use his/her name and likeness, along with written testimony and any material furnished by Participant including but not limited to photographs, videos, written statements, in whole or in part in connection with any advertisement or promotional products and or services. Participant furthermore grants Company the right to publish, exhibit and distribute the use of Participant’s name, appearance, written or recorded testimonial, and/or likeness along with any material furnished by Participant, in whole or in part, worldwide, for any commercial purpose, including but not limited to the advertising or solicitation of business, by any means of mass and/or electronic media, including but not limited to print, promotional materials, events and/or marketing plans, now or at any time in the future.

b.    Participant agrees that it has no rights to the publication, photographs, reproductions, or promotional tools, and all rights to such materials belong to Company.

c.    Participant furthermore waives the right to inspect or approve any photographs, videos, or electronic materials used.

d.    Participant agrees, consents, grants, and authorizes the Company to use his/her photographs and/or video submitted by You as well as any written testimony and any material furnished by Participant including but not limited to photographs, videos, written statements, in whole or in part in connection with any advertisement or promotional products and or services, including print or web-based publications.

e.    Participant furthermore grants Company the right to publish, exhibit, and distribute the use of Participant’s photographs and/or video, name, appearance, written or recorded testimonial, and/or likeness along with any material furnished by Participant, in whole or in part, worldwide, for any commercial purpose, including but not limited to the advertising or solicitation of business, by any means of mass and/or electronic media, including but not limited to print, digital, promotional materials, events and/or marketing plans, now or at any time in the future (“Commercial Use”).

f.      Participant irrevocably authorizes Company to copy, edit, enhance, crop, or otherwise alter any photograph and/or video for commercial use.

g.    Participant agrees that it has no rights to the publication, photographs, reproductions, or promotional tools, and all rights to such materials belong to Company.

h.    Participant furthermore waives the right to inspect or approve any photographs, videos, or electronic materials used.

2.     CONSIDERATION.  For valuable consideration, the adequacy of which is acknowledged by Participant, Participant waives his/her right to receive compensation or any other kind of benefit or remuneration, now or at any time in the future, for his/her testimonial unless a separate written document is executed.

3.     RESOLVING DISPUTES, GOVERNING LAW & VENUE

a.    If a dispute should arise under this Agreement, the parties agree to attempt to resolve the dispute, claim, or controversy through arbitration and/or a suitable Alternative Dispute Resolution located in Santa Barbara, CA regardless of the location of the Participant, and agree to be bound by the decision(s) of the selected Mediator as set forth in the Mediation Agreement.

b.    The Parties agree to participate in good faith in the mediation process and failure to do so may result in the Company’s right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.

c.    This Agreement shall be governed and constructed in accordance with the laws of the State of California, regardless of where the conflict may have arisen and the laws and principles thereof.

d.    Any costs and fees associated with the mediation shall be paid in accordance with the terms of the mediation agreement.

e.    Should an arbitrator determine any portion of this Agreement is invalid or otherwise unenforceable, both parties agree all remaining portions of this Agreement shall remain valid, unaffected, and enforceable.

f.      Both Parties agree, that should a dispute arise, both Parties are prohibited from publicly or privately discussing the matters leading up to the dispute, resulting in the dispute, or the final terms and conditions of the Mediation Agreement.

4.     ENTIRE AGREEMENT, MODIFICATION & WAIVER.  This Agreement constitutes the entire agreement between the Participant and the Company with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the terms of this Agreement. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement, or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

5.     INDEMNIFICATION.  Participant agrees to indemnify and hold harmless the Company, its employees, officers, directors, agents, personnel, other independent Participants, and affiliates, from any and all claims, losses, demands, causes of action, damages, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Participant’s services or actions under this Agreement. Participant agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Participant’s services under this Agreement, unless expressly stated otherwise by the Company, in writing.

6.     SEVERABILITY.  Both Parties agree that should any provision of this agreement be or become invalid, unenforceable, or illegal under applicable law, all remaining provisions of this Agreement shall remain valid and unaffected and shall remain in full force and effect.

7.     COUNTERPARTS.  This Agreement may be executed in one or more counterparts (including electronic mail via portable document format), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

8.     WAIVER. The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

Participant hereby grants and conveys to Company all right, title, interest in and to record Participant’s name, image, testimonials, and/or story provided to Company.

By submitting the Testimonial Release you agree to this Agreement. Participant further indicates that he/she has read the full Agreement.