Love Pressed Juice, Inc., a California corporation dba Smart Pressed Juice, with offices located at 15615 Alton Pkwy Suite 450, Irvine CA 92618 (“Smart Pressed Juice” or “Company”) desires to use and publicize the name, likeness and/or other personal characteristics of the individual named below (“I” or “me”) in connection with customer testimonials or endorsements for advertising, promotion and other commercial, business, and marketing purposes. In exchange for the intangible value I will gain by participating in the Company’s publicity programs and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I give the Company my permission for such use and publicity for such purposes, according to the terms and conditions set forth in this CHALLENGE PARTICIPANT PUBLICITY RELEASE AND WAIVER (“Agreement”).
In consideration of the mutual promises in this Agreement, the parties acknowledge and agree as follows:
1. Consideration: The Smart Pressed Juice 7 Day Cleanse (retail value $106.21).
2. Use of Cleanse Transformation Challenge Photos: I hereby grant, permit, authorize and license the Company and its affiliates, successors and assigns, and their respective licensees, advertising agencies, promotion agencies and fulfillment agencies, and the employees and agents of each and all of them (“Authorized Persons”), to display, exhibit, transmit, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, and otherwise use my name, image, likeness, appearance, and personal characteristics such as weight, height or other bodily measurements, and all photographs, testimonials or digital content submitted by me to Company on April 17, 2019 (“Content“) throughout the world and in any medium or format now existing or hereafter created, including but not limited to, in and on advertisements, websites, brochures and other print or online publications, display, point-of-sale and other advertising and promotional materials, press releases, and for any other lawful purpose, including but not limited to public relations, publicity, packaging and promotion of the Company and its affiliates and their businesses, products and services, without further consent from or royalty, payment or other compensation to me.
3. No prior review. I agree that I am not entitled to review or approve Content before they are used by the Company. I also agree Company has no obligation to use the Content. I further state that I am the legal owner of Content.
4. California law and Arbitration: This Agreement is governed by the laws of the state of California. In the event of any dispute arising out of or relating to this Agreement (“Dispute”), both parties will try their best to resolve their differences. If the parties cannot reach a resolution within 30 days, upon notice by either party to the other, the Dispute shall be determined by arbitration administered by JAMS in accordance with the laws of the State of California and applicable JAMS rules. The arbitration shall be conducted in Orange County, California by one arbitrator selected in accordance with the rules of JAMS. The arbitrator's award shall be final.
8. Notices. Any notice, request or other communication made or given in connection with this Agreement shall be in writing and shall be deemed to have been duly given when delivered by e-mail to the e-mail addresses listed on the signature page.
I HAVE READ AND UNDERSTAND THE ABOVE TERMS AND CONDITIONS. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE. IN WITNESS WHEREOF, the parties have executed this Agreement, intending to be legally bound, as of the day and year written below.