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This Consent and Release is made and entered into by the undersigned in favor of the Des Moines Area Religious Council, its representatives, employees, subsidiaries, affiliates, nominees, licensees, successors and assigns (collectively, the “Des Moines Area Religious Council”). If the individual identified in the first sentence hereof is a minor, the term “Grantor” as used in this Consent and Release shall also refer to Grantor’s parents and/or legal guardians. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged:
1. Grantor hereby grants to the Des Moines Area Religious Council the irrevocable, unrestricted, perpetual and worldwide right to take or make photographs, audio records, video records, films, pictures, soundtracks, illustrations, drawings, texts, images, graphics and any other derivatives or recordings whatsoever, in tangible, electronic or any other form (collectively, the “Production Materials”), of or relating to Grantor and/or Grantor’s property, and to use and permit the use of the Production Materials, negatives, reproductions, images, likenesses, voice and all derivatives thereof, in original or modified form (collectively, the “Materials”), with or without Grantor’s name, for any legal purpose whatsoever. Grantor agrees that the Materials, and all use and derivatives thereof, shall constitute the sole and exclusive property of the Des Moines Area Religious Council and Grantor hereby assigns to the Des Moines Area Religious Council all of Grantor’s rights in the foregoing, including, without limitation, all copyrights therein.
2. Grantor agrees that the Des Moines Area Religious Council may use, publish, republish, produce, reproduce, display, perform, exhibit, distribute, transmit, broadcast, modify, create derivatives of and supplement the Materials, in whole or in part, in combination with, or as a composite of, other materials, factually or fictionally, without restriction, and in all means, media or embodiments, now or hereafter known, for any legal purpose whatsoever, including, without limitation, for billboards, testimonials, brochures, websites, distributions and promotions of the Des Moines Area Religious Council, anywhere in the world, without any additional consideration or notice to Grantor. Grantor hereby waives any right that Grantor may have to inspect or approve the Materials or any of the foregoing. Grantor hereby waives all right to receive payment for signing this Consent and Release and for the Des Moines Area Religious Council’s use of the Materials, any of the foregoing or any other purpose relating to this Consent and Release.
3. Grantor hereby fully and unconditionally waives, releases and forever discharges the Des Moines Area Religious Council, its affiliates, and their respective directors, officers, employees and agents, successors and assigns (collectively, the “Releasees”) from all claims, demands, causes of action, obligations, damages, costs and expenses (including attorneys’ fees) of any nature whatsoever (collectively, “Claims”), which Grantor, any of Grantor’s heirs, legal or personal representatives, affiliates, agents, successors or assigns, now have, or hereafter may have against the Releasees, whether known or unknown, including, but not limited to, claims of libel or invasion of privacy, regarding the Materials, the use thereof or this Consent and Release. Grantor (jointly and severally, in the case of a minor) hereby agrees to indemnify and defend the Releasees for any Claims brought by Grantor (or any one of them) relating to the Materials, the use thereof or this Consent and Release, whether brought before or after a Grantor reaches the age of majority.
4. Grantor hereby represents and warrants to the Des Moines Area Religious Council that: (i)(A) if the individual identified in the first sentence of this Consent and Release is a minor, that the undersigned are the sole parents or legal guardians of such individual and have the legal authority to execute this Consent and Release on the undersigned’s behalf and on behalf of such individual, or (B) if subsection (4)(i)(A) above is not applicable, that Grantor is at least eighteen (18) years of age and has the legal authority to execute this Consent and Release on Grantor’s behalf; (ii) Grantor has carefully read this Consent and Release, fully understands its contents and has either obtained the advice of legal counsel or has voluntarily elected not to do so in connection with this Consent and Release; and (iii) Grantor is executing the Consent and Release voluntarily and not under any duress of any kind or nature whatsoever.
5. This Consent and Release is governed by Iowa law, without regard to conflict of laws principles that would apply the law of another jurisdiction, and is intended to be as broad and inclusive as is permitted by Iowa law. If any portion of this Consent and Release is held invalid, it is agreed that the remaining provisions of this Consent and Release shall continue in full legal force and effect.
6. Grantor hereby irrevocably submits to the exclusive jurisdiction of any United States District Court or Iowa District Court sitting in Des Moines, Iowa in any action or proceeding arising out of or relating to this Consent and Release, and hereby irrevocably agrees that all claims in respect of such action or proceeding shall be heard and determined in either of such courts. THE UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS CONSENT AND RELEASE.