TESTIMONIAL PERMISSION AND RELEASE
I hereby grant United HomeVu Pennsylvania, LLC, and United HomeVu Ohio, LLC, both doing business as NextEra Home (“NextEra Home”) in their respective states, and their affiliates (collectively, "NextEra Home Entities"), an irrevocable, perpetual and royalty-free right to record, use, reproduce, sell, sublicense, duplicate, edit, display, transmit, publish and otherwise make use of my testimonial, likeness, picture, video and/or voice, and any picture or video featuring my residence and/or family, whether in electronic or tangible form, now or hereafter known for use in print or electronic advertising, television, internet web sites, training materials, recorded messages and/or video recordings (collectively, the "Works").
I hereby knowingly and voluntarily waive, release and forever discharge each of the NextEra Home Entities and each of their employees, officers, directors, successors and assigns from any and all actions, causes of action, costs, expenses, damages, losses, liabilities, and demands (including attorney fees and costs actually incurred), of whatever character in law or in equity, known or unknown, that arise out of or relate to use of the Works by the NextEra Home Entities, including, without limitation, any claims for libel and/or invasion of privacy. I also hereby waive any right to inspect or approve the finished photograph or advertising copy or printed or electronic matter that may be used in conjunction therewith or to the eventual use that it might be applied. I understand that pictures of me may be altered or modified.
It is understood and agreed that NextEra Home shall retain all right, title and interest in the original Works, as well as any modification, derivative works or improvements made to the Works by the NextEra Home Entities. I also hereby grant the NextEra Home Entities permission to copyright, use, publish and/or republish the Works in any type of media.
I acknowledge that I (a) am 18 years of age or older and (b) have the capacity to sign and be bound by the terms and conditions of this Image & Testimonial Use Permission and Release, and reaffirm that it is my definite and firm intention that this Image and Testimonial Use Permission and Release shall be binding upon myself, my heirs, my spouse, my children, my personal representative, my guardians, my executors, my legal representatives, my assigns and anyone else who might otherwise have the ability to make a claim or file a lawsuit on my behalf or on behalf of my estate. I further acknowledge that I have read this Image and Testimonial Use Permission and Release and represent that I understand the contents of this Image and Testimonial Use Permission and Release before I affixed my electronic consent below. I further agree to hereby waive my right to make any monetary or any other claim against the NextEra Home Entities for the use of the Work as provided for in this Image and Testimonial Use Permission and Release.
I agree that this Image and Testimonial Use Permission and Release shall be governed by the law of the State of Florida, excluding any conflict of law provisions, and that any disputes resulting in litigation between the parties shall be conducted in the state or federal courts located in Palm Beach County, Florida. I FURTHER KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT I MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS IMAGE AND TESTIMONIAL USE PERMISSION AND RELEASE.