RELEASE & CONSENT TO USE I consent to use of my photos, videos and/or quotes in my post or submission (together, “Content”) and my name, username, pseudonym, avatar, likeness, photo, profile, signature and/or voice (together, “Likeness”) by Triumph Higher Education Group, LLC doing business as Auguste Escoffier School of Culinary Arts (“Escoffier”) under the terms of this Release & Consent to Use (“Release”).
THIS RELEASE & CONSENT TO USE IS A BINDING CONTRACT BETWEEN MYSELF AND AUGUSTE ESCOFFIER SCHOOL OF CULINARY ARTS.
In consideration of Escoffier’s possible use of the Content and Likeness, and for other good and valuable consideration, I agree as follows:
Grant of License. By commenting #IAGREE or clicking “I Agree”, I consent and grant permission to Escoffier and its representatives (“Escoffier Parties”) to use, copy, edit, modify, fix, publish, broadcast, exhibit, distribute, publicly display or perform, create derivative works of and otherwise exploit the Content and Likeness in whole or in part, composite or distorted in character or form, without restriction as to changes or transformations, whether or not accompanied by other materials, for Escoffier’s educational, advertising or promotional purposes, by any means or in any platform, channel or media, now known or hereafter developed, throughout the world in perpetuity (together, “Escoffier Use”). Escoffier may provide a link to the Content and Likeness on the social media platform where it is posted. An Escoffier Use may include without limitation any online, email, printed material, television, podcast, billboard, or public setting.
Third Party Materials. If any person other than me, or any property or brand other than Escoffier, is identifiable in any Content or Likeness, I have obtained a signed release from each such person (or the parent or legal guardian of any minor) or owner of any property or brand.
My Representations and Warranties. I represent and warrant that (a) the Content and Likeness are my original work in which I own all rights; (b) I have all necessary rights to enter into this Release and grant the rights and undertake the obligations stated in this Release; (c) the Content and Likeness accurately reflect my honest beliefs, opinions and experiences, and do not contain any fraudulent, false, deceptive or misleading claims or omissions, or ridicule, harassment, disparagement, defamation, obscenity or pornography; (d) the Content and Likeness do not breach or violate the terms of any social media or other platform, channel or media, or violate any applicable laws or regulations; (e) Escoffier’s use of the Content and Likeness will not infringe or violate the rights of any other party, including without limitation any rights of copyright, trademark, privacy, publicity, defamation, contract or confidentiality; and (f) Escoffier’s use does not require any additional licenses, permissions, consents, releases or payments.
No Inspection, No Payment. I waive any right to inspect or approve any Escoffier Use or any accompanying material or placement. I waive any right to royalties or other compensation relating to use of the Content or Likeness, now or in the future.
Ownership of Escoffier Use. I agree that Escoffier will be the exclusive owner in perpetuity of any Escoffier Use, and that Escoffier is not obligated to use, continue to use or retain any Content or Likeness, to exercise any right granted in this Release, or to request use of any future content or likeness I may create or post.
Release. I release any and all claims I may have against any person or entity relating to this Release. Without limitation, I will not claim or assert at any time that the Escoffier Parties’ use of the Content or Likeness as described in this Release violates my rights, including without limitation rights under copyright, trademark, privacy, publicity, defamation, contract or confidentiality. I release and discharge the Escoffier Parties from any debts, claims or liability of any kind arising out of or in connection with this Release, including without limitation any claim for money and any liability for personal injury, death or property damage. I expressly waive California Civil Code § 1542, or any other statute of similar import or effect, that otherwise may exclude unknown claims from this release. I acknowledge that I am familiar with California Civil Code § 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” I, being aware of said code section, expressly waive any rights I may have thereunder, as well as any other statute or common law principles of similar effect.
Indemnity. I will indemnify, defend and hold harmless the Escoffier Parties from and against any losses, actions, claims, damages, liabilities or expenses of any kind, including without limitation reasonable attorneys’ fees and costs (together, “Claims”), arising from or relating to the rights granted in this Release or my breach of this Release. This indemnity and obligation to defend and hold harmless shall survive the termination of this Release in perpetuity, and shall apply to any Claims incurred or asserted by or against any Escoffier Party, by me or on my behalf, or by any third party.
Disputes. This Release is governed by the laws of the state of Illinois, without regard to conflict of law principles. All disputes, claims and actions will be brought solely before a federal or state court within Cook County, Illinois. I will not interfere with or seek to restrain, enjoin or otherwise impair use of any Content, Likeness or Escoffier Use. My sole remedy in any or all claims relating to this Release against any Escoffier Parties shall be an action at law for damages, if any. In any disputes with the Escoffier Parties, I WAIVE MY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION.
Relationship. Nothing in this Release will be deemed to create a partnership, joint venture, association or employment relationship between Escoffier and me.
About Me. I affirm that (a) I am 18 years or older, and am competent to contract in my own name; (b) I am a legal resident of the USA; (c) I have never been convicted of a felony; (d) no other person or entity has a right that would interfere or conflict with my consent granted in this Release; (e) I am not represented by an agent or manager, and am not a member of any union with jurisdiction over this Release; and (f) no fees for this Release or use of any Content, Likeness or Escoffier Use are due to any third party.
Entire Agreement. This Release is the entire agreement between Escoffier and me regarding the subject matter, and supersedes all prior or contemporaneous communications with me about the Release. This Release may not be modified or amended except in a writing signed by both parties. This Release is binding on me, my successors, assigns, heirs, executors and administrators, or anyone else acting on my behalf.
Signature. By commenting #IAGREE or clicking “I Agree”, I confirm I have read and understand this Release, and agree to its terms as a binding contract.