Testimonial Release

Release

I The Client hereby grant Diana Burk/ Owner and Diana Burk Creative (“Released Party”) and/or its agents, affiliates, representatives, Diana Burk/ Owner and Diana Burk Creative successors, and assignees a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from my written or video testimonial (including the use of my name, image, voice, and likeness) in any and all media or formats for advertising and marketing or any other lawful purposes.

I hereby agree that Released Party may edit my testimonial and use the edited testimonial or a partial version of my testimonial.

I hereby waive the right to inspect, modify, or approve of the finished product wherein my testimonial will appear.

I understand that any and all materials created by Released Party which incorporate my testimonial are the proprietary property of Released Party and are protected by United States intellectual property rights.

Representations

I warrant that my testimonial is given voluntarily of my own free will.

I understand that I will not receive any monetary compensation in exchange for my testimonial.

I warrant that my testimonial reflects my personal experience with Released Party’s Web Design, Branding and is true and accurate.

I warrant that I have the right and power to execute this Release.

Entire Agreement

This Release expresses the full and complete understanding of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter hereof.
    
Modifying the Agreement

This Release may be amended only in a writing signed by both parties.

Indemnification

I shall indemnify and hold Diana Burk and Diana Burk Creative harmless from any and all claims or liability arising from or relating to the copying, reproduction, distribution, transferring, displaying, performing, and creating derivative works from my testimonial in any manner whatsoever.

Waivers

No failure to exercise and no delay in exercising any right, remedy, or power under this Release shall operate as a waiver thereof.

Severability in Event of Partial Invalidity

If any provision of this Release is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Release will be severable and remain in effect.

Dispute Resolution

This Release will be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of laws principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of California, excluding that State’s conflict of laws principles.

If a dispute arises under this Release, any party may take the matter through arbitration under the Commercial Arbitration Rules of the American Arbitration Association in the county of San Diego County, California. Arbitrability disputes will be submitted to the arbitrator. A complete copy of the rules is available on the website of the American Arbitration Association, www.adr.org. By signing this Release, you agree to arbitrate disputes under the referenced rules and waive the right to appeal and to a Court or jury trial.
Miscellaneous

The headings hereof are descriptive only and not to be construed in interpreting the provisions hereof.

I WARRANT THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE TO THEM.