If Entrant is under 18, enter name and contact information for parent or legal guardian, if any.
CONSENT, WAIVER OF LIABILITY AND RELEASE
Limits of Liability:
By participating in this Coastal Cleanup Day video clips project, each entrant agrees to
release and hold harmless the California Coastal Commission, Coastal Cleanup Day sponsoring
agencies, and each of their commissioners, directors, officers, employees, attorneys, agents
and representatives (hereinafter referred to as "RELEASED PARTIES"), from any and all liabilities,
claims, demands, damages or costs (including, without limitation, litigation costs and attorneys'
fees), resulting from, growing out of, or in any way connected with or incident to: (1) this
project, including, without limitation, any liability arising from the use, processing or preparation
of the finished Video Clip (s) submitted by each entrant and loss or damage to the Video Clip(s);
(2) any use of the entry materials provided, except for the gross negligence of the RELEASED PARTIES.
For the purposes of this Consent, Waiver of Liability and Release form ("Release"), the term "Video
Clip(s)" shall mean and refer to all or any portion of any visual image submitted to the California
Coastal Commission and Coastal Cleanup Day sponsoring agencies.
Indemnification:
By participating in this project, each entrant agrees to indemnify all RELEASED PARTIES from and
against any and all loss, damage, costs, charges, legal fees, recoveries, judgments, amounts paid
in settlement, penalties, and expenses that may be obtained against, imposed on, or suffered by
the RELEASED PARTIES by reason of: (1) any violation or infringement of any proprietary right or
copyright; (2) any libelous or unlawful matter contained in the Video Clip(s); or (3) any invasion
of privacy or trespass in the taking or publication of the Video Clip(s) from any use that may be
made of the Video Clip(s) by the RELEASED PARTIES. Each entrant also agrees to indemnify all RELEASED
PARTIES for any such amounts arising from his/her breach of any covenant, representation, or warranty
of this agreement.
Conditions:
By submitting video clips, each entrant agrees to allow the California Coastal Commission and
Coastal Cleanup Day sponsoring agencies to: (1) reproduce the Video Clip(s); (2) use it in whole
or in part, at any time, in composite or distorted form, in color or otherwise; (3) publish it
through any medium, including, but not limited to, printed medium, video and/or on the internet;
and (4) exhibit it. Videographer credit will be given for Video Clip(s) published by the Coastal
Commission. Videographers will still retain copyright to their Video Clip(s), subject to the license
described below.
By entering this contest, each contest entrant agrees to grant the California Coastal Commission
a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, adopt, distribute,
publish, use in the creation of derivative works, use in advertising or for commercial purposes,
and display Video Clip (s), or any part of it, and to grant to any third party a coextensive
sublicense to use the Video Clip(s) for governmental or educational purposes or for promoting public
awareness of the coast and ocean. By submitting Video Clip(s), each entrant waives any right to
inspect or approve any finished product, advertising or other copy that may be used in connection
therewith or the use to which it may be applied.
Consideration:
This Release is entered into by each entrant in consideration of being allowed to participate in
the project and for publication of his/her name in a video credit in connection with any publication
of such Video Clip(s) by the RELEASED PARTIES.
Videos of readily identifiable persons:
If the Video Clip(s) contains a readily identifiable person as a subject, any such person must either
be a participant in Coastal Cleanup Day which means they signed a COASTAL CLEANUP DAY 2015 WAIVER
OF LIABILITY AND EXPRESS ASSUMPTION OF RISK form, or, if not, the videographer must submit the name,
address, and phone number of each such person who is readily identifiable in each video clip. This
information will be used by the Coastal Commission to contact the individual only if the agency
chooses to publish a Video Clip in which the subject is readily identifiable. In order for a Video
Clip(s) to be eligible for publication, the video subject, or parent or legal guardian (if the
subject is a minor), will have to execute upon request the "Right to Use Photographic Likeness,
Consent, Waiver of Liability and Release" form, which will be provided by Coastal Commission staff.
Without this permission, the Video Clip will not be used.
Warranties:
By participating in this project, each entrant warrants and represents the following:
- that the Video Clip(s) that is the subject matter of this agreement are his/her original
work in all respects;
- He/she is the sole and exclusive owner of the Video Clip(s);
- the Video Clip(s) are free, clear, and unencumbered;
- no part of the Video Clip(s) is taken from or based on any other work;
- no part of the Video Clip(s) infringes the copyright or any other right of any person;
- the reproduction, publication, exhibition, or any other use by the RELEASED PARTIES of
the Video Clip(s) in any form whatever will not in any way, directly or indirectly, infringe
on the rights of any person;
Agreement to be bound by these terms and conditions:
I declare that I am eighteen (18) years old or older and am legally competent to execute this release.
I understand that the terms herein are contractual and not a mere recital, that this instrument is
legally binding, and that I have voluntarily agreed to these terms.
