Terms & Conditions - Consent and Release

Callaway Resort & Gardens

BY CLICKING "I AGREE TO THE TERMS AND CONDITIONS" I CONFIRM THAT I HAVE REACHED THE AGE OF MAJORITY IN MY JURISDICTION OF RESIDENCE AND AM LEGALLY ENTITLED TO ENTER INTO THIS CONSENT AND RELEASE ON MY OWN BEHALF, THAT I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS CONSENT AND RELEASE AND THAT IT IS MY INTENTION TO ENTER INTO THIS AGREEMENT TO WAIVE MY RIGHTS, INCLUDING MY RIGHT TO MAKE A CLAIM WITH RESPECT TO THE USE OF MY CONTENT (AS DEFINED BELOW).

For good and valuable consideration, including the opportunity to participate in the tourism related initiatives of Callaway Resort & Gardens (“CALLAWAY RESORT & GARDENS”), the receipt and sufficiency of which are hereby acknowledged, I, on behalf of myself, my company, my employer and/or my organization, and my/its successors, heirs and assigns hereby acknowledge and accept this Consent & Release Agreement with CALLAWAY RESORT & GARDENS as follows:

License.

By clicking" I Agree to the Terms" below, I:

Grant to CALLAWAY RESORT & GARDENS and its sub - licensees and assigns, in perpetuity, a non-exclusive, sub- licensable, assignable, fully transferable license to use, publish, display, reproduce, distribute, broadcast, communicate, modify, translate, edit or otherwise use my photo(s), video(s), accompanying comment(s), username, first name, last name initial, city and state of residence as indicated on my social media profile, and the image, likeness, voice, or other personal information as may be contained therein of all persons featured (collectively the "Content"), in whole or in part, for advertising or promotional purposes, including, without limitation, the use of the Content on websites, including on social media platforms and utilities such as Facebook, Twitter, Instagram, Google+, YouTube, consumer facing websites, in online videos or television commercials, press releases, email marketing communications, collateral sales articles and promotions, printed media, digital or out-of- home advertisements and other digital media channels/networks (collectively the "Purpose”); and
waive all intellectual property rights, moral rights and all other legal rights in and to the Content in favor of CALLAWAY RESORT & GARDENS (and anyone authorized by CALLAWAY RESORT & GARDENS to use the Content in relation to the Purpose).

Representations and Warranties.

By clicking "Confirm" below, I warrant, represent, and agree that:

I have reached the age of majority in the legal jurisdiction of my current residence;
the Content (and each individual component thereof) is wholly original to me (i.e., I am the original photographer/videographer or an authorized representative thereof), that I am the sole legal owner of the Content or an authorized representative thereof, and I have obtained all necessary ancillary rights, permissions and/or licenses in and to the Content (and all individual components thereof) necessary to authorize use of the Content by CALLAWAY RESORT & GARDENS as set forth herein;
I have previously publically published the Content on my Instagram, Facebook, or Twitter account, or on another social media platform/network, and the Content was not scripted, professionally produced, contracted, directed or paid for by one or more other persons who may claim sole or partial ownership of the Content;
the Content (and each individual component thereof) does not violate any federal, state or local law, statute, ordinance or regulation;
the Content (and each individual component thereof) does not contain any reference to or likeness of any identifiable third party, unless consent has been obtained from such individual and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
the Content (and each individual component thereof) will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party;
I shall have no right of approval, no claim to additional compensation or benefit, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity or infringement) arising out of CALLAWAY RESORT & GARDENS' s use of the Content in accordance with these Terms and Conditions; and
I represent and warrant that the Content (and each individual component thereof) is not defamatory, libelous, pornographic or obscene, and does not contain, depict, include, discuss or involve, without limitation, any of the following: dangerous or unsafe behavior or depictions; nudity (partial or otherwise); alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior or conduct; personal information of individuals who have not provided their consent; telephone numbers and/or addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services; any identifiable third party products, trademarks, brands and/or logos; and /or any other content that is or could be considered inappropriate, disparaging, unsuitable or offensive, all as determined by CALLAWAY RESORT & GARDENS in its sole and absolute discretion.

Indemnity.

I hereby agree to release, indemnify and hold harmless CALLAWAY RESORT & GARDENS, its advertising, public relations, website and promotion agencies, and each of its/their respective agents, employees, directors, successors, and assigns from and against any and all claims related, directly or indirectly, to the Content including, without limitation, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, misappropriation or any other intellectual property right or any other cause of action.

Privacy.

I understand that the personal information in the Content is being collected for the Purpose set out above in accordance with the CALLAWAY RESORT & GARDENS Privacy Policy (which is hereby incorporated herein by reference in its entirety). I understand that I may direct any questions regarding the collection of my personal information under these Terms and Conditions to CALLAWAY RESORT & GARDENS using the information set out in the CALLAWAY RESORT & GARDENS Privacy Policy.

Unless and until I otherwise notify CALLAWAY RESORT & GARDENS in writing, I consent, effective as of the date I accept these Terms and Conditions, for the Purpose, to:

the storage of the Content and my personal information, inside or outside of the United States of America, by CALLAWAY RESORT & GARDENS and its service providers, representatives or other authorized third parties;
unrestricted access to the Content and my personal information, inside or outside of the United States of America, by CALLAWAY RESORT & GARDENS, its service providers, representatives, other authorized third parties and the general public; and
the disclosure of the Content and my personal information, inside or outside of the United States of America, to CALLAWAY RESORT & GARDENS' s service providers, representatives, other authorized third parties and the general public.

Limitation of Liability.

CALLAWAY RESORT & GARDENS SHALL NOT BE LIABLE TO ME FOR CALLAWAY RESORT & GARDENS' S USE OF THE CONTENT FOR THE PURPOSE AS SET FORTH HEREIN, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF CALLAWAY RESORT & GARDENS'S USE OF THE CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

Governing Law.

This Agreement shall be construed in accordance with and shall be governed by the Laws of the State of Georgia without giving effect to its conflicts of law principles. If any controversy or claim arising out of or relating to this Agreement or breach of any term hereof, cannot be settled through direct discussion, the parties agree to submit said claim to mediation or arbitration to be conducted in Atlanta, Georgia and administered by JAMS under its applicable rules. Each of the parties waives to the fullest extent permitted by law any right to trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any rights or remedies under, or arising in connection with or relating to this Agreement.

Callaway Gardens

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