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Appearance Release

Project Description: How to Cake It x American “Girl Birthday Girl of the Month” Contest

Feature: Virtual Bday Party Livestream and marketing on social media of the livestream 


AGREEMENT, RIGHTS, AND RELEASE – FOR  PHOTO AND/OR CONTENT


How to Cake It Inc. (“How To Cake It”) and its affiliates and promotional partners, including American Girl Brands LLC (“American Girl”) create, market, promote, and sell various products,  services and digital experiences, such as livestreams. In connection with these efforts, How To Cake It desires to include you and your child as on camera participants in and in connection with the Feature defined above. 


You, the parent/legal guardian of the child listed below, desire for the child to voluntarily participate in the Feature.  By signing up to be an on camera participant in the Feature, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, you acknowledge, represent, warrant and agree to the following:


You are at least 18 years of age.  You hereby expressly consent and irrevocably grant to How To Cake It the right, but not the obligation, to use your or your child’s name, city, and state, photograph, image, prerecorded or live recorded video, physical likeness, and the contest submission, letter, poem, artwork, game, video or other content or excerpt of content provided by you How To Cake It or posted to social media by you with the hashtag [ #sweetestparty] (together referred to as the “Content”) in connection with the Project Description noted above, including without limitation any digital edition thereof, and for any future use of the Content, with any advertising, promoting, displaying, marketing, packaging, and/or selling How To Cake It’s Products and Services, including public relations purposes connected with How to Cake It and use on How To Cake It(s), and its affiliates and promotional partners (ie.American Girl) Facebook pages, Instagram channels, YouTube channels and other social media sites. The rights and release created herein shall apply to all media now known or later developed and to all trade channels.


You agree not to seek from How To Cake It, its parent, affiliates, promotional partners (i.e. American Girl) or customers any payment or consideration of any kind with the respect to the use of the Content by How To Cake It, American Girl or any other use of the license rights granted by this license and release.


You acknowledge that How To Cake It may: 

  1. Own all duplicates or derivatives of any of the Content and any displays or promotional materials as a work made for hire, and if such Content are not considered a work made for hire under the law, you hereby irrevocably assign all right, title and license to such Content to How to Cake It;
  2. Control, display, and use the Content and any performance rights embodied therein;
  3. Reproduce, modify, distribute, manufacture, advertise, sell, lease, license or otherwise use or dispose of the Content;
  4. Edit, delete, juxtapose parts of the Content, change sequence of events, change sequence of questions/answers, fictionalize persons/places/things/events, associate with others, make any other changes at How To Cake It’s sole discretion in video, photo, motion-capture and/or 3-D scanning and/or imaging; and
  5. Use and display the Content in any medium by any means and for any purpose whatsoever throughout the Universe in perpetuity, subject to any applicable laws and regulations. 

You hereby waive the opportunity and right to inspect or approve any reproductions of the Content or any use to which they may be put, and you waive the right to injunctive relief and the right to terminate this Agreement.


You hereby agree to release, indemnify and hold harmless How To Cake It, its officers, directors, licensees, licensors, contractors, agents and employees, and those acting under How To Cake It’s  authority, and its promotional partners (i.e. Amerian Girl) against loss from any claim, action or demands or liabilities that may be brought at any time by you or by anyone acting on your behalf for the purpose of enforcing a claim for damages on account of the use of the Content, and from all claims and liabilities of any kind, including but not limited to claims based on invasion of privacy or other privacy rights, defamation, or rights of publicity, copyright, or arising out of or in connection with the use and reproduction of the Content referred to above.


Nothing in this Agreement obligates How To Cake It to use the Content or to give you or any other party credit in connection with use of the Content.  How to Cake It may assign this Agreement and sublicense all or any portion of the rights and releases granted in this Agreement to any party without restriction.


By signing below, you certify and represent that you are authorized to enter into this Agreement and that you have read the foregoing and fully understand the meaning and effect thereof.  Also, by signing this Agreement, you intend to be legally bound by it.  This Agreement is governed by the laws of the state of California.


I hereby warrant that I am the parent and/or legal custodian of the child, and that, knowing of your reliance hereon, I understand and acknowledge the terms and conditions of the this Agreement, and I hereby expressly agree and consent to this Agreement on behalf of myself and my child and will not revoke my consent at any time.