Testimonial Authorization and Release

I, the undersigned, hereby voluntarily agree to participate in the production of advertising, promotion and marketing materials regarding products and services of Cox Automotive, Inc. I hereby irrevocably give and grant to Cox Automotive, Inc., its affiliated companies and their respective successors and assigns (“CAI”) the right and authorization to interview me and to photograph, film and record me and my image and voice by any method, and to use, publish, perform and reproduce, separately or together, my name, image, likeness, voice, biography, and identity, if provided, and testimonial, in whole or in part, in printed and electronic form, now known or hereafter developed (“Works”) for the purpose of promoting the products and services of CAI throughout the world in perpetuity.  I hereby:

  1. waive, release, and agree to hold harmless CAI and its employees, officers, affiliates, licensees, assigns, agents, customers, suppliers, and all others from and against any and all claims, damages or liability (whether related to copyright, right of privacy, right of publicity, performer rights, tort, contract, statute or otherwise) arising from or related to CAI’s or another’s creation, use, distribution, publication, performance, broadcast, alteration (including any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise), or adaptation (collectively, “Utilize” or “Utilization”) of the Works;
  2. irrevocably assign and grant to CAI all of my rights, title and interest of any kind and nature in and to the Works, in perpetuity, throughout the world, for all purposes and agree not to assert or attempt to exercise any ownership or other right or interest in the Works;
  3. waive any and all claims for compensation related to the Works or any Utilization thereof;
  4. waive any right to inspect or approve the Works or any context in which they may appear;
  5. acknowledge and agree that CAI will have the right to register, in the name of CAI, the copyrights in the Works and that CAI will have the right to Utilize the Works in any manner, at any time, solely for the purpose stated above; and
  6. acknowledge that my participation is voluntary and no consideration is required to give this release full force and effect.

I represent and warrant that:

a.) I am eighteen years of age or older;

b.) this release does not in any way conflict with any existing commitments on my part; and I have full right to grant this release without violating the rights of any third party;

c.) the recordings, actions, statements, materials and testimonial, whether scripted or unscripted, written, spoken or otherwise stated, by me are my true and honest opinion and expression of my personal experience and belief regarding the CAI products and services; and

d.) I have used the identified CAI products and services.  

Nothing contained herein will constitute any obligation on CAI to make any use of the rights set forth herein. 

This authorization and release will be absolute and irrevocable and will extend to any and all persons and entities authorized by CAI relative to the Works. This authorization and release shall be interpreted with and governed by the laws of the State of Georgia applicable to contracts executed and performed therein (regardless of the actual place(s) of performance).  Any dispute hereunder shall be brought and heard only in a court of competent jurisdiction in Fulton County, Georgia.

I have read and understand this document and agree, on behalf of my heirs, executors, representatives, successors and assigns, to be bound by its terms.

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