Terms and Conditions

For good and valuable consideration, Unique Travel Corp, on behalf of itself and as the worldwide representative for Sandals and Beaches Resorts (individually and collectively, the “Resorts”) and each of their respective directors, officers, employees, agents, successors and assigns (individually and collectively the “Licensee”/Released Parties”) requests your consent to use the photographic image(s) or video footage (the “Material(s)”) featuring you and further desires to use and publicize the Materials for advertising, promotion, and other commercial and business purposes relating to the Resorts. In exchange for the intangible value and for other good and valuable consideration, the receipt and sufficiency of which I/We, the undersigned content creator(s) (individually and/or collectively the “Licensor(s)”) hereby expressly acknowledges, the Licensor(s) give the Licensee/Released Parties full permission for such use and publicity for such purposes as aforesaid, according to the terms and conditions set forth in this “Release”.

Term. The term of this Release (the “Term”) shall commence upon the date of acceptance by Licensor(s). The Licensor(s) have the right to withdraw this consent at any time. This will not affect the lawfulness of any processing the Licensee/Released Parties carried out prior to the Licensor(s) withdrawing consent. Once the Licensee/Released Parties receives the Licensor(s’) request to withdraw consent, the Licensee/Released Parties will stop further processing of any Material(s) in which Licensor(s’) likeness and/or image appears. The Licensor(s) further acknowledge that the Licensee/Released Parties cannot recall or withdraw any Material(s) that have already been published. To withdraw the consent granted hereunder Licensor(s) is requested to send an email request to sandals.com/compliance/ with the email subject line stating “Image Likeness Consent Withdrawal” with the following details:

(a) Full Name(s)

(b) Copy of the Image/Likeness

(c) Hashtag or Keyword Used

(d) Date of the Post

Proprietary Rights. Licensee/Released Parties acknowledge and agree that the Licensor(s) retains ownership of the Material(s) and only grant the Licensee/Released Parties the royalty free right and the license to use and reproduce the Materials, in which my/our image and/or likeness appears (individually and collectively, “My/Our Likeness”), for the purposes as described in this Release including but not limited to use in digital magazines, advertisement, newsletters, flyers, on Sandals or Beaches Resorts social media channels (Facebook, Instagram, and Twitter), on behalf of the Licensee/Released Parties. The Licensor(s) upon acceptance of this agreement hereby grant the Licensee/Release Parties a worldwide, non-exclusive, revocable, and royalty-free license to reproduce, distribute, and display the Materials (the “Post”) without further consent from the Licensor(s) and without payment or any other compensation from the Licensee/Released Parties.

Credit, Attribution and Linking. The Licensee/Release Parties may in its sole and absolute discretion give Licensor(s) credit in connection with the use of the Post by identifying Licensor(s) in conjunction with the content of the Post as displayed. The Licensee/Release Parties have no obligation to create or use the Materials or to exercise any rights given by this Release.

Warranties and Representations. The Licensor(s) warrants and represents that the Posts are Licensor(s’) original works, and do not now and will not violate any existing intellectual property rights, including, without limitation, copyright or trade secret or any contractual rights, and that they contain no matter which, if published, will be fraudulent, harassing, libelous, obscene, or a violation of any rights of publicly or privacy, or any law or regulation. The Licensor(s) will fully cooperate with Licensee/Release Parties in responding to and defending against any third-party claim related to the Post.

To the fullest extent permitted by applicable law the Licensor(s) hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Licensee/Release Parties exercise of their rights under this Release or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of Licensee/Release Parties or any other person, covenant not to make or bring any such Claim against the Licensee/Released Parties, and forever release and discharge the Licensee/Released Parties from liability under such Claims. The Licensor(s) acknowledge and understand that the Licensee/Released Parties is relying on this Release and will incur significant expense in reliance on this Release.

Indemnity. The Licensor(s) represents and warrants that the Licensor(s) individually and collectively have the full right, power, and authority to enter into this Release and to grant the rights to the Licensee/Released Parties hereunder. The Licensor(s) individually and/collectively further represents and warrants to Licensee/Released Parties that the Licensor(s) will provide only true and correct statements and other information in connection with this Release, and the Licensee/Released Parties use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection herewith. The Licensor(s) agree to fully defend, indemnify, and hold harmless the Licensee/Released Parties from all Claims by third parties resulting from the Licensor(s) breach or alleged breach of this Release or any of my representations and warranties.

This Release constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. The Licensor(s) have not relied on any statement, representation, warranty, or agreement of Licensee/Released Parties or of any other person on Licensee/Released Parties behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Release. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and inures to the Licensor(s) benefit and the benefit of the Licensee/Released Parties and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters relating to this Release shall be governed by and construed in accordance with the laws of the Republic of Panama. All disputes arising from or relating to this Release shall be exclusively and finally settled in the courts in the said Republic.

THIS RELEASE PROVIDES LICENSEE/RELEASED PARTIES WITH THE LICENOR(S) ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING LICENSEE/RELEASED PARTIES TO PUBLICIZE AND COMMERCIALLY EXPLOIT WHERE APPLICABLE THE LICENSOR(S) NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AS SET OUT ABOVE AND IN THE MATERIALS. BY SIGNING, THE LICENSOR(S) ACKNOWLEDGE THAT I/WE HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT LICENSOR(S) ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LICENSEE/RELEASED PARTIES.