This limited Name and Likeness Release Agreement (“Agreement”) is made by and AMERICAN DENTAL INSTITUTE, LLC, a Florida limited liability company whose address is 7901 Kingspointe Parkway, suite 1- Orlando, Fl 32819 (“Company”) and attendee.
Collectively the “Parties”. WHEREAS, Company operates a Dental Institute that educates and provides continuing education credits for dentists in Central Florida; and WHEREAS, attendee is a student, professor or participant at the Dental Institute; and WHEREAS, Company may from time to time use attendee’s image and likeness in advertisements, promotions and other marketing materials under the terms of the release and for the consideration of the continuing working relationship with Company; and NOW, THEREFORE, in consideration of the mutual promises contained herein and for consideration herein expressed, the parties agree as follows:
1. Name and Likeness Use. For good and valuable consideration, attendee releases andgrants Company, including its subsidiary and affiliated entities, the right to use attendee’s name, likeness, image, contact info, photograph, voice, video, biographical informationand any other indicia of identity, in any format whatsoever (collectively, “Identifications”), and to distribute, broadcast and exhibit attendee identifications, without charge, restriction or liability, in any media now known or hereafter devised (including, but not limited to, television, internet, web casting, and video streaming) or in various publications (collectively referred to as “Promotional Content”) into perpetuity, unless otherwise specified and agreed upon. Attendee understands that attendee will not receive any compensation for any such use of identifications.
2. Term: This Agreement shall be in full force and effect during attendee’s engagement with Company. Attendee may cancel this Agreement by providing notice to Company of at least thirty (30) days. Cancellation of this Agreement does not affect Company’s right to use the name and likeness of attendee in any promotional content used prior to the termination of this Agreement.
3. Cancellation Policy: Registration fees help to cover the team at ADI’s cost for time, sales to reserve your spot in the course, supplies, catering, admin and accounting, and more and are non-refundable and must be exercised within two years. ADI reserves the right to cancel courses 30 days prior to the scheduled date of a course or activity. Should ADI cancel a course or activity, ADI will apply the full value of any deposits and fees related to said course or activity to future ADI courses or activities. ADI will not be responsible for any other fees, costs or consequential damages associated with canceling any ADI course or activity.
4. Waiver or Modification: Any waiver by Company of a breach of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any other breach of such provision of this Agreement. The failure of Company to insist on strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive Company of the right thereafter to insist on strict adherence to that term or any other term of this Agreement. Neither this Agreement nor any part of it may be waived, changed or terminated orally, and any waiver, amendment or modification must be in writing signed by all parties.
5. Severability: Any term or provision of this Agreement that is determined to be invalid or unenforceable by any court of competent jurisdiction in any jurisdiction shall, ask to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of the terms or provisions of this Agreement in any other jurisdiction and such invalid or unenforceable provision shall be modified by such court so that it is enforceable to the extent permitted by applicable law.
6. Venue and Governing Law: The Parties acknowledge and agree that jurisdiction and venue pursuant to any breach of this Agreement lies in Orange County, Florida and that the terms and conditions of this Agreement are governed by Florida law, without giving effect to its conflict of laws principles
7. Entire Agreement: This Agreement contains the entire Agreement of the Parties relating to its subject matter and supersedes all prior or contemporaneous oral or written Agreements. This Agreement may not be amended except by mutual written Agreement of the Parties.
8. Binding Effect: This contract shall bind and inure to the benefit of the successors, assigns, personal representatives, heirs and legatees of the parties hereto.
COMPANY: AMERICAN DENTAL INSTITUTE, LLC
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