This Publicity Waiver and Release Agreement (the “Agreement”) signed is by and between LDSY Pte Ltd (UEN 202005597N), incorporated and registered in Singapore, with offices located at 1003 Bukit Merah Central, #04-08, Singapore 159836 (the “Company”), and the Participant for the NLP Course and other participation in connection with any activity, event and courses conducted or organised by the Company (the “Activity”). The Company and Participant agree as follows:
- For the intangible value I will gain by participating in the Activity and any free access to such Activity as may be provided to me by the Company, the receipt and sufficiency of which I hereby acknowledge, I give the Company my permission for such use and publicity for such purposes, according to the terms and conditions set forth in this Agreement.
- I hereby irrevocably permit, authorise, grant, and license the Company and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfilment agencies, and the employees, officers, directors, and agents of each and all of them (“Authorised Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, video, photograph, digitise, modify, alter, edit, adapt, create derivative work, exploit, sell, rent, license, otherwise use, and permit others to use my name, image, likeness, appearance, voice, professional and personal biographical information, signature and other personal characteristics and private information, and all materials created by or on behalf of the Company that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, brochures and other print publications, display, video recordings, point-of-sale, and other advertising and promotional materials, press releases, the internet, non-fungible tokens and other digital transmission or delivery methods, mobile applications, on any platform, whether for the Activity and/or for any other commercial purposes, including but not limited to advertising, public relations, publicity, packaging, and promotion of the Company and/or its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me except as otherwise expressly provided in this Agreement.
- The Company shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to the Company my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by the Company, and that the Company has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from the Company’s editing, alteration, or use of the Materials, or the Company’s presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by the Company in its sole discretion. The Company has no obligation to create or use the Materials or to exercise any rights given by this Agreement.
- To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”), arising directly or indirectly from the Authorised Persons’ exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of the Company or any other person, and I hereby covenant not to make or bring any such Claim against any Authorised Persons and forever release and discharge the Authorised Persons from liability under such Claims. I understand that the Company is relying on this Agreement and will incur significant expense in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.
- I represent and warrant to the Company that I am at least eighteen (18) years of age, and I have full right, power, and authority to enter into this Agreement and grant the rights hereunder. I further represent and warrant to the Company that I will provide only true and correct statements and other information in connection with this Agreement, and the Authorised Persons’ use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorisation from, or any payment to, any third party is required in connection herewith. I agree to defend, indemnify, and hold harmless the Authorised Persons from and against all Claims by third parties resulting from my breach or alleged breach of this Agreement or any of the foregoing representations and warranties.
- This Agreement may be executed in any number of counterparts, and this has the same effect as if the signatures on the counterparts were on a single copy of the Agreement.
- This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. I have not relied on any statement, representation, warranty, or agreement of the Company or of any other person on the Company’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. The Company may assign this Agreement and its rights hereunder, in whole or in part, to any party. This Agreement is binding on and inures to my benefit and the benefit of the Company and its respective executors, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with Singapore law. Any claim or cause of action arising under this Agreement shall be subject to the Singapore courts, and I hereby irrevocably consent to the exclusive jurisdiction of such courts.
THIS AGREEMENT PROVIDES THE COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING THE COMPANY TO PUBLICISE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.