Photo / Press Release Form

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By spreading the work of Sunshine through the media, we have been able to raise the funds to continue answering the dreams of seriously ill, physically challenged, and abused children. We extend our heartfelt thanks and appreciation for signing the photo / press authorization below in order we may continue this very important mission.

In consideration for participation in Sunshine Foundation’s program in which your child may receive a dream (“the Dream”) I, _______________________ , individually and as parent or guardian of ______________________(throughout this Agreement, referring to me and my child(ren) collectively as “I”, “me”, “myself” or “our”), intending to be legally bound, voluntarily, freely, and irrevocably consent and authorize (except where prohibited by law) Sunshine Foundation (“the Foundation”), and its agents, designees, employees, licensees and assigns, to use, without further obligation or compensation to me, our likenesses, photographs, videos, quotes, and/or summaries, in any and all media including, without limitation, videotapes, broadcasts, on websites, and/or in newspapers, magazines, brochures, advertisements, press releases, training materials and other articles, worldwide, without any territorial, time, use, or other limitations. Such use, in whole or in part, may include adding to, subtracting from, arranging, revising, adapting, or otherwise changing the characteristics of such likenesses, photographs, videos, quotes, and/or summaries.

As between myself and the Foundation, I agree that the Foundation shall be the sole and exclusive owner of any and all rights, title, and interests in and to such photographs, quotes, and/or summaries, including without limitation rights under copyright. To the extent that any intellectual property rights arising from such participation in the Dream may not vest in the Foundation, I hereby assign to the Foundation all of our rights, title, and interest in and to the same, in perpetuity, including, without limitation, those arising under copyright, and all permissions and consents enumerated above.

I agree that photographs, videos, quotes, and/or summaries taken or provided of the Dream or otherwise may be edited at the Foundation’s sole discretion (i) by any art or method (whether now known or later developed), (ii) during any and all activities and events during the Dream, and (iii) for use in any and all formats, including, without limitation, print, online, and digital. I waive any right that I may have to inspect or approve the finished product or the manner in which the dream images are used, and I agree that the Foundation is under no obligation to use our images.

I HEREBY REPRESENT THAT I AM AN ADULT AND THAT I, ON BEHALF OF MYSELF, MY CHILD(REN) AND ANY AND ALL PERSONS OR ENTITIES CLAIMING BY, THROUGH, OR UNDER ME OR MY CHILD(REN), RELEASE AND FOREVER DISCHARGE THE FOUNDATION, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING, FULFILLMENT AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY JUDGMENTS, LOSSES, LIABILITIES, DEMANDS, DAMAGES, COSTS, AND EXPENSES ARISING OUT OF OR INCURRED IN CONNECTION WITH ANY CLAIMS, ACTIONS, SUITS, OR OTHER PROCEEDINGS, IN LAW OR EQUITY, IN TORT OR CONTRACT, WHETHER FORESEEN OR UNFORESEEN, ACCRUED OR UNACCRUED, KNOWN OR UNKNOWN, ARISING FROM OR INCURRED IN CONNECTION WITH THIS AGREEMENT OR THE FOUNDATION’S USE OF OUR LIKENESSES, PHOTOGRAPHS, VIDEOS, QUOTES, AND/OR SUMMARIES.

I acknowledge that this Agreement, the Dream, and our involvement, are confidential information, and I will use my best efforts to protect such confidentiality and I will not use (other than for the Foundation) or disclose such confidential information

I declare, on behalf of myself and my child(ren), that all information I provide below is true and correct. By signing, I have read, or have had read to me, and understand, all the provisions of this Agreement, and agree to be bound by them.

SIGNATURE: ____________________________________

PRINTED: ______________________________________

ADDRESS: _____________________________________

DAY PHONE: ___________________________________

DATE: _________________________________________

6-15-10 format update
PH2 977376v2 03/18/10