The City of Malden Great Outdoors website strives to provide a safe and enjoyable experience for all users. However, it's important to understand that certain activities or interactions may carry inherent risks, and by using our services, users acknowledge and accept these risks. Therefore, The City of Malden and First Seed Sown Sales and Marketing are not liable for any injuries that may occur as a result of using any of the Malden Great Outdoors activities.
PHOTO RELEASE & HOLD HARMLESS AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, the undersigned, hereby grant to First Seed Sown Sales and Marketing LLC (together with its affiliates, successors, and assigns, the “Company”) and the Company’s client, the City of Malden (together with its departments, the “City”), permission to use my likeness that has been recorded by the Company or the City (or any of their agents or representatives) (the “Photographs”) in any and all of its publications, including but not limited to all of the their printed and digital publications. I understand and agree that the Photographs are the property of the Company and the City and will not be returned.
I hereby irrevocably authorize each of the Company and the City to edit, alter, copy, exhibit, publish or distribute any of the Photographs for purposes of publicizing their products and programs or for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to privacy, control, royalties or other compensation arising or related to the use of the Photographs. The foregoing authorization and waiver shall collectively be referred to herein as the “Photograph Waiver.”
I acknowledge that in the performance of its services for the City, the Company (or its agents or representatives) may have cords, light stands, and other gear present while recording the Photographs (the “Equipment”). I hereby release and forever discharge the Company, its affiliates, clients and all of their employees, representatives, agents, and all persons acting by, under or through any of them, including, without limitation, the City (the “Released Parties”) from any and all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have which arise during, in connection with, or as a result of my participation with the Company as contemplated herein, including but not limited to claims for loss or injury incurred in connection with or as a result of my use of, or proximity to, the Equipment or City property (or theft thereof), or incurred in connection with or as a result of my posing for the Photographs (whether done at the direction of agents or representatives of the Company and/or the City or otherwise).
I agree to indemnify and hold the Released Parties harmless from any and all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys’ fees and other litigation costs and expenses) incurred by any of the Released Parties directly, indirectly or as a result of any claim or suit that any third party (including any party making a claim on my behalf) may bring against any of the Released Parties to recover losses, liabilities, costs, damages, fines, fees or expenses which arise during, in connection with, or as a result of my participation with the Company and/or the City as contemplated herein.
To the extent applicable, I hereby:
Grant permission to the Company and the City to use and reproduce Photographs of myself and children (if applicable) featured therein and that the Photograph Waiver shall apply with respect to such commercialization and usage.
Release, discharge, hold harmless and agree not to sue the Released Parties for any claims, damages, costs or causes of action which I have or may in the future have as a result of injuries or damages sustained or incurred by the below named minor from whatever cause, including but not limited to the negligence of the Released Parties.
Confirm that the name of my children featured in Photograph (if applicable): _______________________________________________________
I hereby agree to the foregoing statements, indemnities, release, and to the extent applicable, parent/guardian release on behalf of my child(ren):
Agreed to and accepted by accepting terms during checkout
FIRST SEED SOWN SALES AND MARKETING LLC
Darren Josey, Managing Member