I hereby irrevocably grant James Hardie Building Products Inc., its affiliates, successors, assigns and persons acting under James Hardie's authority ("James Hardie"), the right and full world-wide permission to make, use, reproduce, publish, perform, exhibit, display, transmit, and distribute the photograph and/or design ("Work") identified below, in or in connection with all media now known or hereafter developed including but not limited to photographs, photographic negatives, prints of every kind and nature, sound or silent motion pictures, television, audiovisual works, filmstrips, illustrations, pictures, designs, painting, sound recordings, drawings of every kind and nature, downloadable and streaming videos, and web sites, for purposes of publicizing James Hardie's programs, products or for any other lawful purpose ("Marketing Materials"). I agree the images may be combined with other images, text and graphics, and cropped, altered or modified.
I represent and warrant that any materials I furnish to James Hardie will not violate or infringe upon the rights of any third parties, including without limitation, any trademark, copyright, patent or other intellectual property right, right of privacy, right of publicity or any other statutory or common law right of any third person or party. I agree I have the authority to grant such use, and if applicable, obtain all the approvals necessary from any third party before permitting any use by James Hardie in its Marketing Materials. I agree to indemnify, defend and hold harmless James Hardie, its parents, subsidiaries and related entities, and employees of any of the foregoing, from and against any and all Claims arising out of or in connection with the use of the photographs or copyrighted materials as defined below.
General Provisions:
I agree that I have no rights of inspection or approval of the finished product or use to which James Hardie may put the Marketing Materials and grant James Hardie permission to include any portion or all of the rights as checked in the boxes above, whether or not edited and whether or not in conjunction or juxtaposition with other materials.
I agree that James Hardie may apply for and obtain copyright, trademark, or other intellectual property rights in and to the Marketing Materials that incorporate any rights granted above.
I further waive, assign, and release to James Hardie any moral rights I may possess and release James Hardie, its assigns, agents, or licenses from any liability for what I might deem misrepresentation of my name, image, or likeness by virtue of alterations, optical illusions, or faulty mechanical reproduction.
I agree that the validity, construction and performance of this release are governed by the laws of the United States and of the State of Illinois.
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I have read the foregoing and understand its contents. I warrant that I am at least eighteen (18) years of age and that I have the full, complete and unrestricted right and authority to enter into this agreement. By signing below, I hereby agree to fully release James Hardie and its agents, employees, parent, affiliates, or subsidiaries from any damages or claims of every kind or nature, which I, my heirs, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization, suspected and unsuspected, known and unknown, including consequential and incidental damages, arising out of or in any way connected with James Hardie's use and publication of my Work.
