Publicity Release and Consent to Recording (“Release”)

As a participant in synchronous learning sessions provided by FIRSTDRAFT, LLC (“First Draft”) you understand that all synchronous sessions may be recorded.

BY CLICKING YOUR AGREEMENT TO THIS RELEASE, YOU ARE ELECTRONICALLY SIGNING THIS RELEASE AND AGREEING TO THE USE OF YOUR NAME, IMAGE, VOICE, AND/OR LIKENESS AS MAY BE RECORDED DURING YOUR PARTICIPATION IN ANY SYNCHRONOUS SESSION AS FURTHER SET FORTH BELOW. IF YOU DO NOT AGREE OR CONSENT TO THE TERMS OF THIS RELEASE, PLEASE NOTIFY FIRSTDRAFT, LLC IMMEDIATELY AND DO NOT COMPLETE YOUR REGISTRATION.

  1. You expressly grant First Draft the nonexclusive, perpetual, irrevocable, fully-paid up, royalty-free, transferable and sublicensable right and license (1) to make video and/or audio recordings as well as capture still images from synchronous learning sessions and (2) to use such recordings and images that may feature your name, image, voice, and/or likeness in further developing and creating curriculum and content, including, without limitation embedding such recordings and images into the curriculum and content and distributing such curriculum and content anywhere throughout the world in any media or format, now known or to be developed as further set forth below. You may also be required to acknowledge the recording of any session via the telecommunications platform. Declining to acknowledge or rejecting the consent to record of any session via the telecommunications platform does not waive or supersede this Release, which remains in effect unless and until you unenroll or unsubscribe to synchronous learning.

  2. You expressly agree that First Draft has the unrestricted right in recordings and images from the synchronous sessions to use, re-use, transmit, transfer, sublicense, alter, modify, reproduce, distribute, publish, display, and incorporate such recordings and images into other works for further developing the curriculum and content in any medium (including digital, print, web/Internet, social media and any other media, whether or not currently existing). You understand and agree that there will not be any monetary fees, commissions or royalties paid to you as consideration for this Release or for the use of your voice, image, or likeness but that there is sufficient non-monetary intangible consideration for you to provide us this Release.

  3. We will not use the recordings or images for any marketing, advertising, or promotional purpose without your prior consent. We do not capture any voice prints or facial images for biometric identification and will not use the recordings or images for development or training of our AI.

  4. First Draft is under no obligation to use any recordings or images in any capacity and does so in its sole discretion in the exercise of its academic judgment.

  5. You hereby release any and all claims, demands, damages, and causes of action of any nature that you have or may hereafter have against First Draft, our affiliates, officers, directors, employees, or agents arising out of or in connection with our use of the recordings, including those in which you may appear. You also waive the benefit of any law that provides that a general release does not extend to claims, which you do not know or suspect exist in your favor at the time of executing this release, including without limitation Section 1542 of the California Civil Code, which provides as follows, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

  6. This Release contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Release shall be valid unless made in writing and signed by both of the parties hereto. This Release is binding on you, your heirs, legal representatives, and assigns.

By clicking the checkbox on the payment page, I represent and warrant that I have read the above Release and expressly agree to its terms and conditions.