SeaWorld.com Photo Agreement and Release
For good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, I, the undersigned, on behalf of myself and all other
persons appearing in photographs submitted by me, hereby irrevocably and
absolutely grant and assign to Porter Novelli ("Agency") and it's client Busch
Entertainment Corporation ("BEC"), their respective representatives, parents,
subsidiaries, division, affiliates, agencies, licenses, successors, and
assigns, the right and authority to use my name, likeness, image and all
submitted photographs and / or recordings made of me and/or by me at SeaWorld,
and reproductions thereof, for any purpose, including without limitation
advertising and promotion of BEC products and services, in any manner in
perpetuity. I agree as follows:
1. I agree that any and all media in which my photograph is used, including
Seaworld.com, are owned by BEC, including the copyright therein.
2. Agency and BEC shall have the right to use the photograph without approval
from me or any other person and shall have no liability for any distortion or
illusionary effect resulting from the use of the photograph(s) for any costs or
expenses incurred by me by reason of any use thereof or by reason of my
participation herein.
3. I voluntarily release Agency and BEC from and against any and all claims,
injury, losses, liabilities, demands, causes of action, costs and expenses,
whatsoever that I or my heirs, executors, administrators, successors and
assigns ever had, now have, or may hereafter have by any reason, whatsoever,
arising out of the use of the photograph.
4. I represent and warrant that I am authorized to sign this release on behalf
of all persons appearing in my photograph and have obtained written releases
from them in the same form as this Release. I agree to hold harmless, defend
and indemnify Agency and BEC for any losses or liabilities arising out of the
use of the photograph and likenesses of the people pictured therein, for any
reason including claims or lawsuits based on violations of the right of
publicity or right of privacy or copyright infringement. I represent and
warrant that the photograph is my original work and does not violate any law,
regulation or right of any third party, including copyright, trademark, or the
rights of publicity or privacy
5. I affirm that I have no prior employment in the motion picture or broadcast
commercial industries prior to the date of the execution of this Agreement and
Release.
6. I acknowledge that I have read the terms of this SeaWorld.com Photo Agreement
and Release and understand the terms contained herein. I understand that the
provisions of the Agreement and Release are legally binding upon me, my heirs,
executors, administrators, successors and assigns.