Release and Consent
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you (“You” or “Your”) agree that, by participating in this live video chat, You consent to be recorded, photographed, and videotaped, and to have such recording, photographs or videos broadcast, displayed and/or otherwise reproduced during a live broadcast of the MLS is Back tournament (“Program”) and hereby irrevocably and perpetually authorize Soccer United Marketing, LLC, Major League Soccer, L.L.C., and each of their successors, assignees, licensees and affiliates (collectively, the “Producer”) to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use (a) Your name, image, likeness, and voice, and (b) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations of or by You obtained related to the recording of the Program (collectively, the “Materials”), in any manner, form, or format now known or hereinafter created, including on the Internet, and for any lawful purpose, including, the advertising or promotion of the Producer and/or the Program without further consent from or payment to You. You understand that Producer is under no obligation to use the Materials. You agree that (i) all of the Materials, and any copies or derivative works made from the Materials, are the sole property of the Producer and You further agree not to contest the rights or authority granted to the Producer hereunder, (ii) You shall not be entitled to any compensation for its appearance or subsequent use of its appearance in the Materials, (iii) You will refrain from any offensive or distasteful remarks or conduct and will act in a courteous and professional manner at all times during Your appearance in the Materials, (iv) You are not a member of any collective bargaining organization, including, but not limited to, the Screen Actors Guild and the American Federation of Television and Radio Artists, (v) You are at least eighteen (18) years of age or older, and (vi) You have the full right, power, and authority to agree to this Release and Consent. You hereby forever release, indemnify and holds harmless the Producer and each of its advertisers, assignees, successors, officers, directors, agents, representatives, licensees, employees, sub-contractors, sponsors, shareholders, partners, members and affiliates from any and all present and future claims, actions, damages, liabilities, costs, or demands whatsoever (including reasonable attorneys’ fees and court costs) arising out of or in connection with (x) the exercise of the rights described above including any defamation (including libel and slander), invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Materials, and (y) and any other personal or property right. If any portion of this Release and Consent is invalid, the remainder will continue in full legal force and effect. In the event of a legal issue, You agree to engage in good faith efforts to mediate any dispute that might arise. Should the issue not be resolved by mediation, You agree that all disputes, controversies, or claims arising out of its participation in the Program shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties. The Arbitration Rules of the American Arbitration Association are available on-line at www.adr.org. If any action proceeds in a court of law, the local state or federal court of Delaware has the exclusive jurisdiction and only the substantive laws of Delaware shall apply. You agree that any arbitration, mediation or legal action shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties.