Waiver and Release
For valuable consideration the receipt of which is hereby acknowledged, I the undersigned, agree as follows:
1. I hereby grant to ACL Nutrients Inc. d/b/a WellWithAll (“Company”) and any of its parents, subsidiaries
and affiliated companies, its agents, partners and their respective licensees, successors, designees, licensees,
sublicensees, and assigns and others working for them or on their behalf (collectively, the “Permitted Parties”)
the right and permission (but not the obligation) to: (a) film, photograph and/or interview me; (b) use and
repurpose content provided by me to or regarding Permitted Parties (“Content”); (c) create from any filming,
photographing, and interviewing, from the product of any of my services, or from any Content, materials of
any kind (collectively, the “Materials”); (d) reproduce, publish, display, exhibit, digitize, broadcast, distribute
or otherwise use the Content and/or Materials, as well as: (i) my image, picture, performance, likeness, voice,
name, signature, social media handles and/or my biographical information (collectively, “Likeness”), and (ii)
any statements (including, without limitation, opinions, endorsements and/or testimonials) made by me
(collectively, the “Statements”), in any and all media (whether now known or hereafter devised), throughout
the world, in perpetuity. I agree that Company may include in or use in connection with the Materials any
other content that Company in its sole discretion sees fit, and that Company has the right to modify, edit,
shorten, alter, and combine with other material the Materials and/or my Statements or Likeness, or the
content of Content or any photograph, film, videotape, recording, post and/or interview of me. Company shall
own all right, title and interest in and to the Materials; and the product of my services hereunder shall
constitute a “work made for hire” for Company for copyright purposes under the U.S. Copyright Act, or if for
any reason held not to be work made for hire, I hereby assign to Company all right, title, and interest in and to
such product. Without limiting the generality of the foregoing, I agree that Company shall have the right to
fully or partially assign or sublicense (in whole or in part, through one or more tiers) the Materials, or any part
thereof. Permitted Parties shall be permitted to re-post, interact with, tag and otherwise promote and use any
Content in accordance with this release, including in paid media.
2. I shall have no right to approve any use of the Materials nor any elements of the Materials, including,
without limitation, my Likeness or my Statements, and I release the Permitted Parties from any liability or
claim in connection therewith. I acknowledge and agree that there is the possibility that someone who knows
me will see the Materials and recognize me. This includes family members, relatives, neighbors, friends,
community members and peers. I realize that once the Materials are exhibited or printed, I might experience
negative reactions from family members, relatives, neighbors, friends, peers, and even from strangers. I agree
that I shall not have any claim arising out of any use, exploitation, alteration, blurring, distortion, faulty
reproduction, fictionalization, illusionary effect, or use in any composite form of the Materials, or my Likeness
or Statements. I hereby waive the benefit of any provision of law known as droit moral or moral rights, or any
similar or analogous law or decision in any country of the world. I understand that my participation hereunder
may involve the risk of injury and that I am responsible for ensuring that I participate in a proper and safe
manner. I voluntarily agree to accept and assume any and all risks of injury or death (whether or not such risks
are specifically identified) that are associated in any way with my participation hereunder. I consent to
treatment in the event of an emergency or other incident in which, in the reasonable judgment of any
Permitted Party or any medical personnel, I require medical care or other related services. I understand and
agree that any and all medical or other services rendered to me by or at the insistence of any Permitted Party
is not an admission of liability to provide or continue to provide any such services and is not a waiver by any
Permitted Party of any right hereunder.
3. I hereby fully and forever release, discharge, and hold harmless Permitted Parties from any claim or
liability in connection with my participation or any Materials created by Permitted Parties therefrom or
related thereto, including, without limitation, intellectual property and right of publicity or privacy claims, as
RELEASE
well as claims relating to any injury or death to me resulting from the acts or omissions of any of the Permitted
Parties.
4. I EXPRESSLY AGREE THAT THE FOREGOING RELEASE AND WAIVER OF LIABILITY IS INTENDED TO BE AS
BROAD AND AS INCLUSIVE AS IS PERMITTED BY APPLICABLE LAW AND THAT IF ANY PORTION HEREOF IS HELD
INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND
EFFECT. I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS RELEASE AND WAIVER OF LIABILITY AND
UNDERSTAND THAT YOU I AM ASSUMING THE FULL RISK OF, AND RELEASING AND HOLDING HARMLESS THE
PERMITTED PARTIES FROM, ANY CLAIM, INJURY OR DEATH CONNECTED IN ANY WAY WITH THE PROJECT OR
MY SERVICES HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, I WAIVE ANY AND ALL RIGHTS I
MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND EVERY LIKE PROVISION IN ANY
FOREIGN JURISDICTION. SECTION 1542 PROVIDES AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY THEM WOULD HAVE MATERIALLY AFFECTED
THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
5. I represent and warrant that I am over the age of majority (or, if I am a minor, my parent or guardian has
agreed on my behalf), that I have the right to enter into this release, and that I have no conflicting
commitments or obligations that would interfere with my ability to perform the services required hereunder
or to grant the rights herein granted. If any Statements contain my opinions, findings, beliefs, experience or
preferences regarding Permitted Parties or their products and/or services (or those of its competitors or other
brands or products), I hereby certify that such statements are true and represent my current honest opinions,
beliefs, findings or experiences. I agree to immediately inform Permitted Parties of any material change in
such opinions, beliefs, findings or experiences. I also release the Permitted Parties from and against any and all
losses, costs, damages, injuries, and expenses which I may suffer as a result of the creation, use or exploitation
of the Materials. I waive any right to enjoin or interfere with any campaign or the production, distribution or
exploitation of the Materials.
6. I agree to respect the confidentiality of the Project and agree not to disclose to any third party, including
the press and other media and including on social media or any other website, any aspect of this Project or the
content of any advertising, marketing or other campaign initiated by Permitted Parties without Client’s prior
written approval.
7. This release shall be governed and construed in accordance with the substantive laws of the state of
New York without regard to conflict of law principles, and any dispute arising from the matters discussed
herein shall be brought solely within the state of New York and county of New York.
8. Signing of this release by commonly-used electronic means (such as by checkbox, PDF or email) shall be
effective as delivery of a manually executed signature and shall be deemed originals.