Testimonial Agreement and Release
NAME, LIKENESS AND TESTIMONIAL AGREEMENT AND RELEASE
This Name, Likeness and Testimonial Agreement and Release (“Agreement”) is made in Cleveland, Ohio by and between Hyatt Legal Plans, Inc. (HLP), a Delaware corporation headquartered in Cleveland, Ohio and __________________________________________ a Group Legal Plan Member (“Plan Member”) or Group Legal Plan Sponsor Contact (“Sponsor”) or Network Attorney (“Attorney”). The Agreement is executed electronically by the Plan Member, Sponsor or Attorney in accordance with the Electronic Signatures Act (15 U.S.C. § 7001 et seq.). The Agreement is made at the date and time that the Plan Member, Sponsor or Attorney electronically checks the box on the on-line form, indicating that the Plan Member, Sponsor or Attorney acknowledges the Agreement and submits it to Hyatt Legal Plans, Inc.
The parties hereto agree as follows:
Plan Member, Sponsor or Attorney hereby grants permission to HLP and its successors, assigns and affiliated companies (collectively “the Company”), the irrevocable and permanent right to use the name, likeness, biographical information and/or testimonial of the Plan Member, Sponsor or Attorney, and irrevocably assigns to the Company all rights to use and reproduce such name, likeness, biographical information and testimonial and to secure a copyright thereon anywhere throughout the world in the name of the Company, in accordance with the following terms and conditions:
1. The authority granted to the Company includes the ownership of and the right to use the name, likeness, biographical information and/or testimonial of the Plan Member, Sponsor or Attorney, separately or in any combination thereof, or in combination with stock photography showing persons other than the Plan Member, Sponsor or Attorney, on marketing and/or advertising or other brochures or materials in any media form, including but not limited to printed material, television, radio, internet or other medium, whether now existing or hereafter devised. All such materials shall be the sole property of the Company. The Plan Member, Sponsor or Attorney acknowledges transfer of all ownership rights to the Company.
2. If the Company uses such name and/or testimonial in connection with stock photography of other persons, the Plan Member, Sponsor or Attorney is not being depicted or portrayed in a factual manner.
3. The Company is under no obligation to use such a name, likeness, biographical information and/or testimonial.
4. Plan Member, Sponsor or Attorney warrants and represents that he or she has the authority to enter into this Agreement and that the Company’s exercise of its rights under this Agreement does not violate or infringe on any rights of any third party.
5. Plan Member, Sponsor or Attorney releases the Company from any claims arising out of this Agreement or the Company’s exercise of its rights under this Agreement, including but not limited to claims for invasion of privacy, infringement of any right of publicity, defamation or any other claim.
6. Plan Member, Sponsor or Attorney is not entitled to any compensation.
7. This Agreement is governed by Ohio law. Any dispute involving this Agreement must be brought only and exclusively in the state or federal courts located in Cuyahoga County, Ohio.