Reliant Readers Summer Reading

NOTICE: This RELEASE AND INDEMNITY with legal consequences. READ IT CAREFULLY BEFORE SIGNING.

I understand and consent to the photographing and/or videotaping of my or my minor child’s likeliness while participating in Reliant Reader Celebration hosted by the Astros Foundation activities in and around Minute Maid Park (the “Event”) in Houston, Texas. By redeeming these game tickets, I hereby freely agree to make the following contractual representations and agreements.

I hereby acknowledge, irrevocably consent and grant to Houston Astros, LLC , its and their assignees, transferees and/or licensees, parents, subsidiaries and affiliated entities, and its and their directors, officers, members, managers, agents, representatives and employees, any promoting organization(s), media partners, and their respective agents, officials and employees (hereinafter collectively the “Released Parties”) the unrestricted, perpetual, worldwide, royalty-free, full paid-up and transferable right and license to use and exploit, and grant others the right to use and exploit, my name, art work, photograph, picture, voice, voice recorded image, appearance or other likeness of me depicted in connection with the Event (hereinafter, the “Images”) for any lawful purpose without further compensation, including but not limited to commercial purposes, advertising, marketing, and promotional materials, and in any manner, form, format or media now known or later developed or created in the future, including without limitation, television, cable, radio or over the internet, phone based services, and other digital based services, all without inspection or further consent or approval by the undersigned of the finished product or of the use to which it may be applied. I hereby grant to the Released Parties the right to copyright and otherwise secure proprietary rights without limitation or reservation. I acknowledge that the Released Parties is and will be the sole and exclusive owner of all rights in and to the Images, including my appearance thereon and all recordings thereof and all ideas, comments, contributions, and suggestions offered by me in connection therewith. Additionally, I hereby waive any and all moral rights in such images (to the extent any moral rights exist in such Images), any claim that I may have based on rights of publicity, privacy, or any other rights that may arise based on the use of my Images. I hereby waive any right I may have to inspect and approve such Images or any use thereof by the Released Parties. I consent to the release of my name, both verbally and in print, when used in conjunction with the above represented Images. Accordingly, I hereby and forever, irrevocably and unconditionally release and discharge the Released Parties from any and all Claims relating to or arising from the Images or any past, present, or future use thereof.

I agree that the above representations are contractually binding and are not mere recitals. Should any Claim be asserted in contravention of this Agreement, I, for myself my successors, agree to indemnify and hold harmless the Released Parties from, and to reimburse the Released Parties for any and all expenses (including legal fees) incurred in defending such Claim, whether resulting in whole or in part from the negligence, gross negligence, or strict liability of a Released Party, provided that this indemnity shall not apply to a Released Party which is finally adjudged liable on such claim for willful and wanton misconduct or sole negligence. This Agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification or waiver of any other provision herein or as consent to any subsequent waiver or modification.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN CONFORMITY WITH THE LAWS OF THE STATE OF TEXAS (EXCLUSIVE OF CONFLICTS OF LAWS PRINCIPLES). EACH PARTY HEREBY EXPRESSLY CONSENTS TO AND WAIVES ALL RIGHTS WHICH IT MAY HAVE TO MAKE ANY OBJECTIONS BASED ON JURISDICTION, VENUE, OR SUFFICIENCY OF PROCESS TO ANY SUIT BROUGHT TO ENFORCE THIS AGREEMENT IN HARRIS COUNTY, TEXAS.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND INTEND TO BE BOUND BY IT.”