For good and valuable consideration, receipt of which is hereby acknowledged, I, the Subject named above, hereby irrevocably grant to ‘elele, LLC, a Hawaii limited liability company, and its owners, members, officers, employees, contractors, agents, affiliates, subsidiaries, related companies, successors, licensees, or designees and others acting on its behalf (collectively, the “Photographer”), permission to use my image and likeness in photographs, videos, digital media, artwork, goods, merchandise, publications, services, and similar items (collectively, “Works”), throughout the world in perpetuity, including but not limited to, on the internet, without payment or other consideration.  

 

I understand and agree that the Photographer owns all right, title and interest to the Works and related intellectual property rights, including the right to register for copyright protection of the Works.  I hereby irrevocably authorize the Photographer to edit, alter, modify, copy, exhibit, exploit, publish, and distribute the Works, without limitation, and without compensation, further permission, or notification to me.  I understand that the Works of my image or likeness may be used in a way that does not accurately reflect my lifestyle or me. I hereby waive any inspection or approval of use of any Works.  

 

I waive any right to royalties or other compensation arising or related to the use of the Works.  I understand and agree that the Photographer has not made any promises or representations of any kind to me with respect to compensation for the use of my image and likeness.

 

I hereby hold harmless, release, and forever discharge the Photographer from any claims based upon invasion of privacy, right of publicity, defamation, false endorsement, or claim of visual or audio alteration or faulty mechanical reproduction, including, without limitation, claims under Hawaii Revised Statutes § 482P-5, 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.  

 

I understand and agree that the invalidity or unenforceability of any provision of this Consent, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision or of any other applications of such provision, as the case may be, and that the remaining portions of this Consent shall be enforced to the fullest extent allowed by law.

 

I HAVE READ AND UNDERSTAND THIS CONSENT AND UNDERSTAND THAT IT CANNOT BE REVOKED ONCE GIVEN.  I AM UNDER NO PRESSURE OR DURESS TO SIGN THIS CONSENT AND I HAVE BEEN GIVEN A REASONABLE OPPORTUNITY TO REVIEW IT AND TO HAVE MY OWN LEGAL COUNSEL REVIEW IT BEFORE SIGNING.  I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENT(S) OR LEGAL GUARDIAN(S) AS EVIDENCED BY THEIR SIGNATURE BELOW.