In consideration of the respective covenants contained herein, the parties hereto, intending to legally bound hereby, agree as follows:
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Participant hereby grants to the Company and to its licensees, assignees, and other successors-in-interest, all rights of every kind and character whatsoever in perpetuity in and to my transformation, appearance, name, image, and/or voice and the results and proceeds thereof (hereinafter referred to as the “Transformation”). The Participant agrees that their Transformation was completed solely using Jillian Michaels methodologies, including but not limited to DVDs, exercise routines, meal plans, books, etc.
Participant hereby authorizes the Company to use, display, and market, the Transformation; to edit the same at its discretion and to include it with the Transformation of others and with sound effects, special effects and music; to incorporate the same into other programs and materials; to use and to license others to use such records and photographs in any manner or media whatsoever, anywhere in the world, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use Participant’s name, likeness, photograph, image, voice, biography or other information concerning Participant in connection with any commercial, infomercial, print, merchandising and for any other purpose. Participant further acknowledges that the Company owns all rights to the results and proceeds of Participant’s services rendered in connection herewith. No advertisement or other material need be submitted to Participant for any further approval and Participant hereby waives any right to inspect or approve any uses of the Transformation in any media. Participant waives any right to royalties or other compensation arising from or related to the use of the Transformation. Additionally, Participant releases and discharges the Company from all claims and demands arising out or in connection with the use of the Transformation. Nothing hereinabove will constitute any obligation on the part of the Company to make any use of any of the rights set forth above. Participant represents and warrants that Participant is over 18 years of age (or if under 18, Participant’s authorized parent or legal guardian will sign below to signify consent on Participant’s behalf to the terms and conditions of this Agreement).