Content and Likeness Release

(Last Modified 4/12/19)

In consideration for Your ability to submit any photographs, videos, depictions, recordings, or other images to Aya Healthcare, Inc. (“Aya”) or other valuable consideration receipt of which is hereby acknowledged, You hereby agree to the terms of this Content & Likeness Release (the “Release”) as follows:

  1. You hereby grant Aya Healthcare, Inc. and its affiliates (collectively “Aya”) and each of their respective owners, subsidiaries, subcontractors, affiliates, employees, directors, officers, agents, nominees, licensees, successors and assigns, and those acting with their authority or on their behalf (the “Aya Grantees”) any photographs, videos, depictions, recordings, or other images, that were or are in the future taken or created by You and that are submitted to Aya or any Aya Grantee (as defined below) (collectively, the “Works”), a worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute the Works. You represent and warrant that You are the creator or copyright holder of any Works that have been submitted by You or that will be submitted by You to Aya in the future, and that no other party has any right in and to the Works.
  2. You further grant the Aya Grantees the irrevocable right and permission to use Your name, image, voice, portrayal, actions, likeness or other identifying aspects (collectively, your “Likeness”) as reflected in or relating to the Works in or on any photographs, portraits, depictions, images, video, performance or sound recording, websites, social media sites, blogs, email messages, publications, promotional flyers, distributions, or any other marketing, commercial, or business materials relating to Aya’s business and the Works, whether in or distributed through hard copy, digital, or electronic format (collectively. the “Materials”) for the purposes of marketing the services of Aya, recruiting employees of Aya, or for any other lawful or commercial purpose (the “Permitted Uses”).
  3. You agree that Aya Grantees shall have the unrestricted absolute, non-exclusive, assignable, perpetual, worldwide right to: (a) use, publish, reproduce, copy, modify, edit, distribute, create derivatives in whole or in part, or otherwise use my Likeness, the Materials or the Works, in any form for the Permitted Uses; and (b) display, perform, exhibit, distribute, transmit, or broadcast the Materials or the Works by any means now known or hereafter to become known in any form for the Permitted Uses. Nothing herein shall obligate Aya to use or post any Works or Materials. Aya shall have the full right to assign any of its rights under this Release. You understand and agree that neither advance notice to You nor Your pre-approval of any use permitted by this Release is required. You hereby waive any right to be notified, inspect or approve any use of my Likeness, the Materials or the Works, or any edited or derivative version thereof, permitted by this Release prior to such use.
  4. You waive any and all rights of privacy associated with the use of Your Likeness, the Materials, or the Works for the Permitted Uses. You hereby release, hold harmless, and forever discharge the Aya Grantees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of the Materials or the Works, including, but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
  5. This Release in conjunction with the website Terms of Service and Privacy Policy of Aya Healthcare, Inc. contains the entire understanding of the Parties relating to the subject matter hereof and incorporates all previous discussions and understandings between the Parties.
  6. You hereby warrant that You are eighteen (18) years old or more and competent to contract in my own name. This release is binding on You and Your heirs, assigns and personal representatives.