In favor of [CREATOR’S FULL LEGAL NAME] (hereinafter referred to as the “CREATOR”), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, [CO-CREATOR’S FULL LEGAL NAME], hereby agree as follows:
- I hereby agree that when used in this Agreement, the following terms shall have the following meanings:
- “Adult Content” shall refer to Content that is pornographic or intended to cause sexual arousal, including, but not limited to, Content that depicts me in a state of full or partial nudity, engaging in sexual intercourse or other sexual acts, or simulating sexual intercourse or other sexual acts;
- “Government ID” means a valid government issued photo identifying document that evidences my date of birth, photo and full legal name, and the Government ID expiration date, which date shall not be within six (6) months from the date of execution of this Agreement;
- “Platform” shall refer to the online marketplace operated and managed by SLUSHY, available at www.slushy.com (and including all current, predecessor or successor mobile applications, websites, domains, subdomains, URLs); and
- “SLUSHY” shall refer to Boink Technologies, Inc., a Delaware corporation, and/or its affiliates, successors or assigns, which operates, manages, and facilitates use of the Platform.
- I hereby represent that I am of sound mind and body, acting of my own free will and fully understand the terms of this Agreement, and I am legally able to execute this Agreement.
- I hereby agree to be photographed, recorded and/or videotaped by or on behalf of CREATOR in connection with my participation and appearance in [CONTENT ID/URL] (hereinafter referred to as the “Content”) and the reason to do so is voluntary and not under force, duress or any other reason.
- I hereby agree and represent that I am AT LEAST 18 YEARS OLD (OR OVER THE AGE OF 21 YEARS, IF APPLICABLE), AND THE AGE LEGAL CONSENT IN THE JURISDICTION IN WHICH I LIVE OR RESIDE at the time that the Content is or was created, and that I am in full legal capacity to provide my consent under this Agreement.
- IF I AM PARTICIPATING AND/OR APPEARING IN ADULT CONTENT, I fully understand and acknowledge the adult nature of the Content and hereby consent to appear fully and/or partially nude in such Content.
- I hereby agree and attest that I have provided CREATOR the following documentation:
- A copy of my Government ID in one of the following forms, which CREATOR has used to verify my age and identity:
- A government issued driver’s license;
- Passport;
- Citizenship card;
- State or provincial identification card; or
- National passport or national identification card; and
- An executed copy of this Agreement, to which my Government ID shall be attached (together with my Government ID, the “Co-Creator Documents”).
- I hereby grant CREATOR the permission to provide copies of my Co-Creator Documents to SLUSHY or to any applicable governmental authority, if so requested by them in connection with my appearance in the Content and/or any other requirements under applicable national, federal, state and local laws and regulations.
- I hereby grant CREATOR the permission to use, reproduce, sell, license, rent, publicly distribute, publish, modify, edit and alter the Content, which permission is irrevocable.
- By signing this Agreement, I hereby explicitly consent to and authorize CREATOR’S publication of the Content on the Platform, including the publication and display of my image and likeness on the Platform and the download of the Content from the Platform by any other user, which authorization is given for an unlimited time.
- I hereby understand and agree that the Content may be searchable by others through the Platform itself and through other partnered or networked entities of the Platform. Furthermore, I understand and agree that the Content may be searchable by publicly available search engines, and it is my sole responsibility should I wish not to appear, be found, or be removed of such search engines.
- If the Content is found on a website(s) that has not been indicated by or that is not related to CREATOR, SLUSHY, or either of their licensees, as the case may be, I shall have full rights to demand that the Content be taken down from such unapproved website(s) and/or destroyed, the whole at my own costs.
- I fully understand and acknowledge that all of the Content, including all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the Content, are the sole property of CREATOR and can be used under license by the Platform.
- I hereby represent and acknowledge that I am solely responsible for the nature of the Content in which I decide to participate, and that I am solely responsible for bearing all risks associated with my participation in such Content. I will not participate in any content that could be deemed illegal or illicit, or that involves minors. Furthermore, I agree not to participate in content that could violate or misappropriate a third party’s intellectual property right, privacy or image.
- I hereby release, discharge and undertake to indemnify and hold harmless CREATOR and SLUSHY from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to my participation in the Content. Without limiting the generality of the foregoing, I agree that CREATOR has neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Content or my participation in the Content. I further release all rights to bring any claim, action or proceeding against CREATOR and SLUSHY.
- I fully understand that the present declaration is binding upon my heirs and legal successors. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by both CREATOR and SLUSHY, and their respective successors and assigns.
- I acknowledge that I have reviewed this Agreement in its entirety and understand its terms and, further, that I have had the opportunity to discuss and review the terms of this Agreement with my own counsel before signing. This Agreement shall be deemed to have been jointly drafted by me and CREATOR, and in construing and interpreting this Agreement, no provision shall be construed and interpreted for or against any of the parties hereto because such provision or any other provision of the Agreement as a whole is purportedly prepared or requested by such party.
- In the event that any provision or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law.
- I agree and understand that I am solely responsible for complying with all applicable laws and regulations in my jurisdiction as well as all laws and regulations applicable to my participation in the Content.
- I swear that the forgoing is true and correct and that the Co-Creator Documents that I have provided were lawfully obtained by me and have not been altered in any way.