IMAGE AND VIDEO 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 RESPECT TO THE USE OF MY CONTENT (AS DEFINED BELOW). I understand that I should print a copy of this Consent and Release for future reference.
Kootenay Rockies Tourism Association (“KRT”) wishes to use, and to allow certain other tourism organizations, including partner communities and local partners of KRT and Destination BC Corp. (collectively, “Other Organizations”) to use, a posting (including any photographs, comments, text, files, documents, graphics, images, videos, sound, illustrations, works of authorship, and other materials in the posting and associated metadata and location information) that I have made to one or more of my Instagram, Facebook, Twitter or other social media accounts (collectively, “My Social Media Accounts”) which may include my username, image and/or other personal information (“Personal Information”) and that pursuant to this Consent and Release may be captured from My Social Media Accounts by or on behalf of KRT (collectively “My Content”).
I agree that I am entering into this Consent and Release in exchange for the opportunity for My Content to be included as part of KRT’s and Other Organizations’ tourism-related initiatives and that KRT in its sole discretion may (but is not obligated to) for the sole purpose of allowing My Content to be shared on KRT’s and Other Organizations’ online channels, including Facebook, Twitter, Instagram, Pinterest, YouTube, sponsored and/or promoted social media posts, consumer websites, email marketing and other digital channels, both present and future (collectively “Online Channels”):
- use, reproduce, publish, distribute, broadcast, communicate, publicly perform, publicly display, make available, modify, delete from, add to, edit, translate, and create derivative works from My Content, in whole or in part, in all forms, media and technologies both present and future world-wide, including by way of the Internet; and
- assign or license any or all of the above rights to KRT’s service providers and Other Organizations, and allow Other Organizations to further license any or all such rights to their service providers (all such parties collectively, “Others”).
These rights and licenses I grant to KRT are nonexclusive, meaning I will remain free to license My Content to anyone else in addition to KRT. I will continue to retain all rights that I have in My Content, subject however, to the rights and licenses I grant KRT in this Consent and Release.
I hereby consent to the collection, use, and disclosure of my Personal Information as set out in this Consent and Release, and, without limiting the foregoing to: (i) the storage of my Personal Information, inside or outside of Canada, by KRT and Others, (ii) access to my Personal Information, inside or outside of Canada, by KRT and Others and the general public, and (iii) disclosure of my Personal Information, inside or outside of Canada, to Others and the general public.
I understand that My Content will be available to other persons through the Online Channels, and that these other persons may themselves view, share, distribute, copy, download, and make other uses of My Content. If I wish to delete My Content from the Online Channels, I may contact KRT at the address set out below and KRT will cease any further distribution within the Online Channels as soon as reasonably practicable, however, I understand that KRT will not have any ability to retrieve or delete My Content (including my Personal Information) that has been already shared by other persons outside of the Online Channels.
I confirm that:
- My Content is accurate and not false or misleading;
- I am the sole owner of My Content, or have obtained from the rightful owner(s) all necessary rights, permissions, licenses, clearances, and consents to grant to KRT the rights described in this Consent and Release (including, without limitation, the right to use all names and images which appear in My Content, and if any image or materials include minors, that I am the parent or legal guardian or have obtained the consent of the parent or legal guardian of the minors):
- I agree that KRT and Others are not required to credit me or my social feed as the source of My Content or designate me as the author of My Content. I hereby waive in favour of KRT 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 right to pre-approve any use by KRT or Others of My Content, or how my image appears in My Content; and unless otherwise agreed by KRT in writing, I am not entitled to any fees, royalties or other compensation (financial or otherwise) for any use of My Content by KRT or Others.
I agree to waive my rights to, and to release and hold harmless KRT, Others and each of their respective officers, directors, employees, and agents from, any and all claims I may have against them by reason of any fact or matter in any way relating to their use of My Content, or otherwise relating to the subject matter of this Consent and Release.
I further agree to fully indemnify KRT and Others for all expenses, costs and damages arising from any third party claim relating to My Content, including with respect to 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 will have exclusive jurisdiction over any dispute arising from or relating to this Consent and Release or its subject matter.
I agree to this Consent and Release on my own behalf and on behalf of my heirs, personal representatives, successors and assigns.