Social Media Consent & Release

Social Media Photo Usage & Privacy Terms

 

CONSENT AND RELEASE

 

BY CLICKING “I AGREE TO THE TERMS AND CONDITIONS” I CONFIRM THAT I AM 19 YEARS OF AGE OR OLDER AND AM LEGALLY ENTITLED TO ENTER INTO THIS CONSENT AND RELEASE ON MY OWN BEHALF, THAT I HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS OF THIS CONSENT AND RELEASE AND THAT IT IS MY INTENTION TO ENTER INTO AN AGREEMENT TO WAIVE MY RIGHTS, INCLUDING MY RIGHT TO SUE, WITH RESPECTS TO USE MY CONTENT (AS DEFINED BELOW).

Kootenay Rockies Tourism Association (“Kootenay Rockies”) wishes to use a photography and/or video and accompany comments that I have posted to one or more of my Instagram, Facebook and Twitter accounts (collectively, “My Social Media Accounts”) which may include my username, image and/or other personal information (“Personal Information”) and the pursuant to this Consent and Release may be captured from My Social Media Accounts by or on behalf of Kootenay Rockies (“My Content”).

I agree that I am entering into this Consent and Release in exchange for the opportunity for me to participate in Kootenay Rockies tourism-related initiatives and the Kootenay Rockies in its sole discretion may, for the sole purpose of sharing My Content on Kootenay Rockies’ online channels, including Facebook, Twitter, Instagram, Google+, Pinterest, YouTube, Vimeo, LinkedIn, sponsored and/or promoted social media posts, consumer websites, email marketing and other digital channels, both present and future (collectively “the Purpose”):

  • use, reproduce, publish, distribute, broadcast and community My Content, in whole or in part, in all forms, media and technologies both present and future, include by the way of Internet; and
  • assign or licence any of all of the rights to Kootenay Rockies’ service providers, representatives or other third parties (collectively, “Others”) for the Purpose.

I understand that my Personal Information is being collected under Section 26(c) of the Freedom of Information and Protection of Privacy (British Columbia) and the Purpose and that I can direct any questions regarding the collection of my Personal Information under this Consent and Release to: Content Marketing, Kootenay Rockies Tourism, 1905 Warren Avenue, Kimberley BC, V1A 1S2, Phone: 250-427-4838, Email: Shannon@KootenayRockies.com.

Unless and until notified Kootenay Rockies otherwise in writing, I consent, effectively as of the date I agree to this Consent and Release, for the Purpose to:
  • the storage of my Personal Information, inside or outside of Canada, by Kootenay Rockies and Others;
  • access to my Personal Information, inside or outside of Canada, by Kootenay Rockies, Others and the general public; and
  • disclosure of my Personal Information, inside or outside of Canada, to Others and the general public.
I confirm that:
  • I am the sole owner of My Content, or have obtained the rightful owner(s) all necessary rights, permissions and licenses to grant Kootenay Rockies the rights described in this Consent and Release;
  • I hereby waive in favour of Kootenay Rockies and Others all “moral rights”, as described in subsection 14.1(1) of the Copyright Act (Canada), that I may have in My Content;
  • I have no rights to pre-approve any use by Kootenay Rockies or Others of My Content, or how my image appears in My Content; and
  • unless otherwise agreed in writing, I am not entitled to any fees, royalties or other compensation (financial or otherwise) for any use of My Content by Kootenay Rockies and Others.
I agree to waive my rights to, and to release and hold harmless Kootenay Rockies and Others from, any and all claims I may have against them by reason or any fact or matter in any way related to their use of My Content, or otherwise relating to the subject matter of this Consent and Release. I further agree to fully indemnify Kootenay Rockies and Others for all expenses, costs and damages arising from any third-party claim relating to My Content, including with respect for the misuse of Personal Information and/or the infringement of any intellectual property or other proprietary rights.

This Consent and Release forms the entire agreement between the parties relating to its subject matter. This Consent and Release will be governed by the laws of British Columbia and any applicable laws of Canada.  The courts of British Columbia sitting in Victoria will have exclusive jurisdiction over any disputes arising from or relating to this Consent and Release or its subject matter