CONSENT AND RELEASE AGREEMENT FOR USE OF PHOTO AND LIKENESS
I hereby grant to BJ Acquisition LLC and its subsidiaries, affiliates, agents, representatives and designees (collectively, "Betsey Johnson") the irrevocable, non-exclusive, non-transferable, royalty-free perpetual right and license to use and display my photo ("Photo") for any and all purposes, including marketing, promotion or advertising, in any and all media channels and social platforms (now known or hereafter existing), without compensation, payment or other consideration of any kind. Betsey Johnson may use, display, edit, alter, reproduce, create derivative works from, publish or distribute the Photo for any lawful purpose in its sole discretion, with no obligation to me or right of inspection or approval. I further grant Betsey Johnson the right to use my name, username, social media handle and/or likeness as depicted in the Photo (collectively, "Likeness") in connection with Betsey Johnson's use of the Photo.
I represent that: (i) the Photo is original and that I own all rights, including copyright, in and to the Photo or that I have obtained the necessary permissions to grant the rights given herein; (ii) if anyone is depicted in the Photo other than me, I have obtained all necessary permissions and releases from such person(s) to grant the rights given to Betsey Johnson herein and that any such person(s) is over the age of majority in his/her state of legal residence; and (iii) Betsey Johnson's use of the Photo and/or my Likeness as granted herein will not violate the rights of any third party or any law.
I represent that I am a resident of the United States and that I am at least 18 years of age or older. I hereby release, discharge and hold harmless and indemnify Betsey Johnson, its officers, directors and employees from any and all claims, demands or causes of action relating to, arising from or caused by the Photo, my Likeness and/or the rights granted herein and/or any claims, demands or 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 by reason of this Agreement.
I agree that: (i) this Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York; (ii) any dispute relating to this Agreement shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York, New York and I hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that I may have; and (iii) IN THE EVENT OF A DISPUTE AS BETWEEN ME AND BETSEY JOHNSON RELATING TO OR ARISING FROM THIS AGREEMENT AND THE RIGHTS GRANTED HEREIN, IN NO EVENT WILL BETSEY JOHNSON BE LIABLE TO ME FOR LOST PROFITS OR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR HAVE ANY LIABILITY EXCEEDING THE AGGREGATE AMOUNT OF TEN DOLLARS ($10.00).