I understand and acknowledge that Brightside Health, Inc. (“Brightside”) provides services for learning about depression and treatment options, which may include articles, videos, podcasts, online tools or other content, and marketing or promotional materials (“Brightside Content”). Brightside Content may include personal stories about an individual’s experience with depression.
I hereby authorize Brightside, its affiliates, and their respective employees and agents to use my name, likeness, image, persona, and performance (“Appearance”) for, or in connection with, the production, development, marketing or promotion of Brightside Content. I grant Brightside a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable (through multiple tiers) right to use my Appearance, and to reproduce, prepare derivative works from, distribute, publicly perform, display, modify, and otherwise use first hand accounts of my Appearance (the “Recordings”) in any media, including without limitation, printed materials, sound recordings, podcasts, video, television, and online. I waive any right I may have to inspect or approve the Recordings, Brightside Content based on the Recordings, or use of my Appearance therein, and any other moral rights which I might otherwise be deemed to have. I understand that Brightside is under no obligation to use my Appearance, and that I will not receive any financial compensation or cash payment for the rights or licenses granted by me under this release. As between Brightside and I, Brightside will own all right, title and interest in and to the Recordings, and any works based on the Recordings including without limitation any Brightside Content.
I warrant that I am at least 18 years old, am competent and have the authority to enter into this release. I further warrant that I have all rights necessary to grant Brightside the rights set forth in this release, and I indemnify Brightside against any claim to the contrary. I AGREE NOT TO SUE, AND IRREVOCABLY, UNCONDITIONALLY AND ENTIRELY RELEASE, AND HOLD BRIGHTSIDE HARMLESS FROM ANY AND ALL MANNER OF LIABILTIES, CLAIMS AND DEMANDS OF ANY KIND OR NATURE, WHATSOEVER, IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, WHICH I EVER HAD, NOW HAVE, OR IN THE FUTURE MAY HAVE AGAINST BRIGHTSIDE AND ITS ASSIGNS, LICENSEES AND SUCCESSORS RELATING IN ANY WAY TO THIS RELEASE, THE USE OF MY APPEARANCE AND THE RECORDINGS, INCLUDING CLAIMS FOR INVASION OF RIGHT OF PRIVACY, RIGHT OF PUBLICITY, DEFAMATION OR COPYRIGHT INFRINGEMENT. I understand that I may not seek any injunctive or equitable relief from Brightside (such as the termination of this Publicity Release or stopping the usage or distribution of my Appearance or Brightside Content).
I agree that Brightside may license, assign, or otherwise transfer the rights and permissions granted to it under this Publicity Release to any entity or persons including, without limitation, in the event of a merger, corporate reorganization, or the sale or transfer of all or a substantial portion of its assets. This release is the complete and binding agreement between Brightside and me, and supersedes any other discussions or understandings that I may have had with Brightside about the use of my Appearance or the Recordings. This release cannot be modified except by a written agreement signed by both Brightside and me. This release is governed by the laws of the State of California without regard to its conflict of laws rules or principles. All legal actions or proceedings arising out of this release will be brought exclusively in the federal or state courts located in the City of San Francisco, and I consent to personal jurisdiction and venue therein.
If you’re in emotional distress, text HOME to connect with a counselor immediately.
If you’re having a medical or mental health emergency, call 911 or go to your local ER.