PUBLICITY AND PRIVACY WAIVER AND RELEASE
In exchange for good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge as received, I give Irving Oil Limited (the "Company") permission to use and publicize my name, image, likeness, appearance, voice and other personal characteristics and private information (“Materials”) for the purposes outlined herein, in accordance with the following terms and conditions:
1. I hereby irrevocably permit, authorize, grant, and license the Company and its affiliates, successors, agents, and assigns, and their respective licensees ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Materials in perpetuity throughout the world in any medium or format whatsoever and for advertising, public relations, publicity, packaging, and promotion of Company and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.
2. I hereby irrevocably transfer, assign, and otherwise convey to the Company my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the world in perpetuity. I acknowledge and agree that I have no right to review or approve Materials before they are used by the Company, and that the Company has no liability to me for any editing, alteration, or use of the Materials, or the Company's presentation of me. Any credit or other acknowledgment of me shall be determined by the Company in its sole discretion.
3. To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, now known or hereafter known in any jurisdiction throughout the world (collectively, "Claims") arising directly or indirectly from the Company's or the Authorized Persons' exercise of their rights under this agreement or the production, exhibition, advertising, promotion, or other use of the Materials, and forever release and discharge the Company and the Authorized Persons from liability under such Claims. I understand and agree that this agreement cannot be terminated, rescinded, or modified, in whole or in part.
4. Considering that the Materials constitute personal information within the meaning of Quebec privacy laws, I hereby authorize the Company to collect the personal information pertaining to Materials for the purposes outlined herein. I understand that my personal information is processed in compliance with the Company’s Privacy Policy (https://www.irvingoil.com/en-CA/discover-irving/privacy), which can give me more information on my rights of access and rectification and my right to withdraw consent, subject to my legal or contractual obligations. The Company hereby informs you that it may disclose your personal information to its service providers with regards to websites and transactions. Such personal information may be disclosed outside of the province of Québec.
5. I represent and warrant to the Company that I am at least eighteen years of age, and I have full right, power, and authority to enter into this agreement and grant the rights hereunder. This agreement constitutes my sole and entire agreement with the Company regarding the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this agreement. The Company may assign this agreement and its rights hereunder, in whole or in part, to any party. All matters arising out of or relating to this agreement shall be governed by the laws of Province of Quebec and the federal laws of Canada applicable therein. I agree that I will not disclose any information about this agreement or the Materials without the Company's prior written consent. Signatures delivered by electronic transmission are deemed for all purposes to be original signatures to this agreement.
THIS AGREEMENT PROVIDES THE COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING THE COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AND TO USE AND TO COMMUNICATE YOUR PERSONAL INFORMATION AS SET OUT ABOVE. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY, AND THAT YOU HAVE BEEN GIVEN THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE.