Feedback Participation and Release Agreement
I desire to provide ideas and feedback through a survey, focus group, or otherwise ("Feedback") that is conducted by Craft Brew Alliance, Inc., doing business as The pH Experiment ("pH"). In exchange for the opportunity to give Feedback and other good and valuable consideration, the receipt of which is hereby acknowledged, I hereby irrevocably and unconditionally covenant and agree for myself and my heirs, estate, insurers, successors, and assigns, as follows:
1. Purpose. I have been informed thatpH is soliciting Feedbackto understand consumer preferences, obtain product and marketing feedback, and solicit ideas for future products, and that pH may use this information for its current and future productsand business.
2. Authorization to Use Image and Feedback. pH and others may photograph, film, videotape, or otherwise record me. I hereby grant to pH and the other Released Parties the right in perpetuity and throughout the world, with no further compensation to me, to use my photograph, video, or film portrayal, audio recording, image, voice, avatar, name, biographical data, silhouette, body dimension, shape, posture, or any other personal characteristic or physical or vocal likeness, or any materials based on or derived from these materials, for product development, research, and any other legal business purpose. I will have no right of approval, and I WAIVE ANY CLAIM (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON INVASION OF PRIVACY, DEFAMATION, AND RIGHT OF PUBLICITY) ARISING OUT OF ANY USE, BLURRING, ALTERATION, DISTORTION, ILLUSIONARY EFFECT, OR ANY USE IN COMPOSITE FOR OF MY NAME, PICTURE, LIKENESS, VOICE, OR BIOGRAPHICAL INFORMATION FOR THE PERMITTED PURPOSES. The Released Parties will have no obligation to use any of the rights I grant. I represent that it is unnecessary for any Released Party to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.
3. Assignment of Intellectual Property Rights and License to Use Comments, Feedback, and Ideas. For no additional consideration beyond the opportunity given by pH to provide Feedback, I hereby grant to pH and the Released Parties a perpetual, irrevocable, worldwide, royalty-free license to use all comments, testimonials, feedback, and ideas I may share with them, without notice or acknowledgment to me, for any purposes whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving products and services. I hereby assign to pH and the Released Parties all rights, title, and interest I may have or develop to inventions and intellectual property rights that relate to my Feedback. Nothing herein will require me to assign to pH inventions or intellectual property rights that do not relate to my Feedback.
4. Confidentiality. I understand that I may be exposed to information about pH's products and its business that may not have been disclosed to the public (collectively, the "Confidential Information"). I will maintain the confidentiality of all Confidential Information disclosed to me in connection with my Feedback and will hold Confidential Information in strict confidence. I further agree to refrain from disclosing or using Confidential Information for any purpose other than giving Feedback.
5. RELEASE FROM LIABILITY AND COVENANT NOT TO SUE. I FULLY AND FOREVER RELEASE AND DISCHARGE PH, AND ITS SUBSIDIARIES, CLIENTS, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND INSURERS (EACH, A "RELEASED PARTY," AND COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL INJURIES (INCLUDING BUT NOT LIMITED TO DEATH), LOSSES, DAMAGES, CLAIMS (INCLUDING BUT NOT LIMITED TO NEGLIGENCE CLAIMS), DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, OF OR TO ME, MY PROPERTY, OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH MY FEEDBACK, EVEN IF IT IS DUE TO THE NEGLIGENCE, INJUDICIOUS ACT, OMISSION, OR OTHER FAULT OF A RELEASED PARTY. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST PH OR ANY OTHER RELEASED PARTY, AND FOREVER RELEASE AND DISCHARGE PH AND ALL OTHER RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS.
6. Choice of Law. This Agreement and all matters arising out of or relating to this agreement are governed by and construed in accordance with the laws of the State of Oregon without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Oregon.
7. Miscellaneous. If any provision of this agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this agreement will continue in full force and effect. This agreement supersedes any oral or written statements made by or to me in connection with my Feedback. This agreement may not be modified except by a written agreement that specifically refers to the provision or provisions to be amended and that is signed by an authorized representative of pH, following review by pH's legal department. I am not in a joint venture with pH or any other Released Party. I understand that my Feedback does not form an employment relationship between me and pH or any other Released Party.