Customer Photo and Testimonial Consent and Release
For valuable consideration, the receipt of which is hereby acknowledged, I, the undersigned customer (“Customer”), hereby authorize AEP Energy, Inc. (“AEPE”), acting through its agents, employees, or representatives, to use: photographs I provide to AEPE and photographs AEPE has taken of the business facility at which I am employed and of myself/my person, the name of the business at which I’m employed, my name, job title, and any quote or testimonial provided by me (together, the “Content”) publicly and in commercial materials. I also grant AEPE the unlimited, worldwide, and irrevocable right and permission to: (a) use, reproduce, distribute, exhibit, display, perform, publish, broadcast, and create derivative works from the Content including photographs, videos, reproductions, and derivative works, in any manner and in whole or in part, modified or altered, either by themselves or in conjunction with other photographs and/or videos, in any medium or form of distribution, including but limited to digital and print materials, sales sheets, social media channels, and emails, and for any purposes whatsoever, including but not limited to marketing, advertising, publicity, or other promotional purposes; and (b) the right to copyright the material AEPE creates using said Content.
I waive the right to inspect or approve any future use by AEPE of the Content. And I acknowledge that I will not receive any compensation for the photographs or Content or for any future use thereof.
I agree that the Content and derivative works created by AEPE and its affiliates and agents thereof shall constitute AEPE’s sole property, and agree that AEPE has the full right to dispose of any or all of them in any manner whatsoever.
I hereby forever release and discharge AEPE and its affiliates, subsidiaries, representatives, licensees, employees, officers, agents, and directors from any and all claims, actions, damages, and liability arising out of or in connection with the taking and use of said photographs and the Content.
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. If any term or provision of this agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. All matters arising out of or relating to this agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this agreement shall be brought only in the federal and state courts located in Franklin County, Ohio, and the parties hereby consent to the exclusive jurisdiction of such courts.
I acknowledge that this consent and release document was signed by me willingly, that I agree to be bound by it, and that I allow AEPE to publicize and commercially exploit the Content as described herein and that I understand I am giving up my legal rights including the rights to sue the company. And I certify that I am at least 18 years old, and I am free and able of giving such consent.