For the good and valuable consideration, the receipt and sufficiency of which is hereby confirmed, I hereby unconditionally enter into this Documentary Release (the “Release”) and grant to Birthright Israel North America (“BRINA”) as well as its directors, members, officers, employees, agents, successors, licensees, assigns, related entities, and affiliates (the “Related Parties”), the right to capture photographs and video, audio, and other related recordings of me in connection with my use of the photo booth at a Birthright Israel event (the “Photographs & Recordings”). BRINA shall have the unlimited right to copy, reproduce, publish, retain, publicly display, transmit, modify, adapt, digitally alter, retouch, composite, share, create derivatives of, license, edit, distribute, and otherwise use the Photographs & Recordings in perpetuity, throughout the universe, in any and all ways, and in any and all mediums and formats, whether now known or hereinafter invented (including, without limitation, print, digital, online platforms, social media, websites, streaming services, television, film, and any future technologies), and without limitation or restriction by me or any third party (collectively, “Use”).

 

BRINA shall have the right to Use my name, general biographical information, and any other reproduction of my likeness and voice, in connection with the Photographs & Recordings and in connection with any film, recording, website, social media post, marketing materials, promotional materials, or other materials into which the Photographs & Recordings may be incorporated (the “Content”). BRINA shall be the sole and exclusive owner and holder of all copyright and all other rights, titles, and interests in the Photographs & Recordings and the Content.

 

I further understand that BRINA and its Related Parties shall be under no obligation to Use the Photographs & Recordings or the Content in any way and may choose to not Use them and that my agreeing to the terms of this Release is not conditioned on any expectation that BRINA or a Related Party shall Use the Photographs & Recordings or Content in any specific way.

 

I hereby waive my right to any compensation or royalties beyond any already received by me at the time that I agree to this Release. Furthermore, I hereby waive all privacy and/or publicity rights I may have regarding my appearance in the Photographs & Recordings and the Content, and I waive my right to inspect or approve any of the Photographs & Recordings or the Content. This waiver extends to any use of the Photographs & Recordings, including, without limitation, in connection with data analysis, machine learning, artificial intelligence development or training, or facial recognition technologies, subject to applicable laws. I hereby release and discharge BRINA and the Related Parties from all claims, demands, causes of action, damages, and liabilities of any kind whatsoever, whether known or hereinafter discovered, arising directly or indirectly, from the creation or Use of the Photographs & Recordings or the Content, including claims related to moral rights or any publicity or privacy rights I may have.

 

I agree that my exclusive remedy for any breach or violation of this Release by BRINA or any Related Party shall be limited to monetary damages and that under no circumstances shall I be entitled to: i) rescind the Release; ii) seek or obtain injunctive or other equitable relief; or iii) enjoin, impair, or otherwise impact the creation or Use of any Photographs & Recordings or Content. If any portion of this Release, or any terms of this Release as it applies to a party, be held invalid or unenforceable, in whole or in part, the remainder of this Release shall not be affected, and each remaining portion of this Release shall be valid and enforceable to the fullest extent permitted by law. Additionally, to the extent that any provision in this Release is deemed overly broad in scope or subject in relation to any applicable law, such provision shall be interpreted in a manner that lessens or reduces the scope and/or subject of such provision so as to permit it to remain enforceable to the maximum extent permitted under said applicable law. This Release shall be governed by and construed in accordance with United States Copyright Law and the laws of the County and State of New York, without regard to the conflict of law principles thereof.