Social Media Content Release – Network Associates
As a valued part of our franchise network, European Wax Center is excited to feature franchisee associates’ Content (as defined below) on its official social media pages (including, without limitation, EWC’s Facebook, Instagram, TikTok, Pinterest, YouTube and Twitter accounts) (collectively, the “EWC Social Media Accounts”). In order to be featured on the EWC Social Media Accounts, we do require that you agree to certain terms and conditions:
1. Content Requirements. As used herein, “Content” includes and refers to all information, content, and material submitted by you to EWC Ventures, LLC or its affiliates (collectively, “EWC”, “we”, “us” or “our”) to be featured on the EWC Social Media Accounts (including any
captions, images, videos, hashtags, descriptions, and tags). By submitting Content, you warrant and represent, on behalf of yourself and, as applicable, your franchisee, that such Content: (a) is an original work and has not been copied from other works, (b) has not been previously published, (c) does not infringe upon the rights of any person or entity (including any such person’s or entity’s copyrights, trademarks, rights of privacy or publicity, or any other intellectual property), (d) that you have obtained written permission from each person whose name, likeness, or voice is used or contained in the Content, and (e) that publication of the Content via various media including Web or social media posting, including by EWC or its affiliates, licensees, employees, or others that EWC may provide such Content to from time to time, will not infringe on the rights of any third party. Any participant whose Content includes likenesses of third parties or contains elements not owned by the participant (such as depictions of persons, buildings, trademarks, or logos) must be able to provide legal releases for such use, including EWC’s use of such Content, in a form satisfactory to EWC, upon request. The Content submitted shall be 100% owned and controlled by the participant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a valid license. By submitting Content, you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place EWC or any of its affiliates, or any of their respective employees, agents, licensees, representatives,
franchisees, third-party service providers and to other such persons as any of the foregoing may designate from time to time (each, an “EWC Party” and collectively, the “EWC Parties”) under any fiduciary or other obligation, and that each EWC Party is free to use and otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, EWC and the EWC Parties do not waive any rights to use similar or related ideas previously known to EWC or any EWC Party, or developed by EWC or any EWC Party, or obtained from sources other than you. BY SUBMITTING ANY CONTENT, YOU ACKNOWLEDGE THAT YOUR SUBMISSION IS COMPLETELY VOLUNTARY AND THAT YOUR CONTENT MAY BE POSTED ON THE EWC SOCIAL MEDIA ACCOUNTS AND EWC’S WEBSITE, INTERNAL INTRANET, EWC’S CLOSED-CIRCUIT TELEVISION OR ELSEWHERE ON THE INTERNET OR OTHERWISE AS AUTHORIZED OR DETERMINED BY EWC, IN EWC’S SOLE AND ABSOLUTE DISCRETION. In consideration for your participation in being featured on the EWC Social Media Accounts, you hereby grant EWC and each other EWC Party, and others authorized on their behalf or to which EWC may provide such Content to from time to time, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publicly perform, transmit, have
distributed, prepare derivative works of, and promote such participant’s name, e-mail address or other biographical information, as well as any submitted Content in any form, in all media now known or hereinafter created, anywhere in the world, for any promotional, publicity or other legitimate business purpose and without consideration to the participant and without any rights of approval on your behalf. All Content submitted must also conform to the additional submission requirements set forth in Exhibit A.
2. Permission to Use Your Name, Image, Etc. By signing below, you hereby consent to and grant, to the fullest extent permitted by applicable law, on behalf of yourself and your heirs and legal representatives, EWC with the absolute, irrevocable and unrestricted right, throughout the world, without any additional compensation or other consideration or approval, inspection, moral or attribution rights whatsoever reserved to you, to any and all uses and displays by EWC and the EWC Parties, of your name, voice, likeness, portrayal, actions, image, appearance, form and/or biographical information, as well as any endorsement, best practices, tips, feedback or other opinions, positive or negative, you may provide and related to European Wax Center, in, on or in connection with any pictures, photographs, audio and video recordings, digital images, websites (external and internal), social media pages (e.g., Twitter, Facebook, Instagram, TikTok, Pinterest, YouTube), mobile applications, television programs and advertising, other advertising, sales and marketing brochures, training materials, books, magazines, other publications, DVDs, tapes and all other printed and electronic forms and media whatsoever throughout the world, at any time, for all legitimate EWC business
purposes in perpetuity (“Permitted Uses”).
3. Materials. You further acknowledge and agree that all photographs, films, videos or other reproductions associated with any such Permitted Uses, and any negatives thereof, including the copyrights and other intellectual property rights therein, shall constitute, as between you and EWC, EWC’s sole property, and that each European Wax Center Party has the full right to use and/or dispose of any or all of them in any manner whatsoever. Nothing herein will constitute any obligation on any European Wax Center Party’s part to make any use of any of the rights set forth herein. The European Wax Center Parties shall have the right to exercise the foregoing rights with respect to your name, voice, likeness, portrayal, actions, image, appearance, form and/or biographical information, as well as any endorsement, best practices, tips, feedback or other opinions, in their original form or in a form or character that may appear distorted or use only certain aspects (in a manner that does not misrepresent such attributes), as well as alone or in combination with other materials, including but not limited to text, data, images, photographs, illustrations, graphics, animations, video, or audio elements of any nature, by any methods or technologies, and in any media or form currently in use or hereafter coming into use, including but not limited to electronic, magnetic, film, digital, laser, optical, or any other human or machine readable media, including, for the avoidance of doubt and without limitation of the generality of the foregoing, the EWC Social Media Accounts and EWC’s waxcenter.com web site.
4. Attribution. The European Wax Center Parties are permitted, although not obligated, to include your name and/or social media handle as a credit in connection with any such use, and you expressly waive any rights of attribution or integrity or other rights in the nature of moral rights for all uses of your name, voice, likeness, portrayal, actions, image, appearance, form and/or biographical information, as well as any endorsement,
best practices, tips, feedback or other opinions.
5. Release. By signing below, you, to the fullest extent permitted by applicable law, on behalf of yourself and your heirs and legal representatives, agree further that you will not hold any European Wax Center Party, or any other person or entity who receives permission from any of them, responsible for, and you hereby release each of the foregoing from, and covenant not to sue any of the foregoing for, any claim, cause of action or liability, whether known or unknown and whether arising under any legal or equitable theory whatsoever, resulting from the use of my name, voice, appearance, portrayal, image, actions, likeness, opinions, best practices, tips and/or form in accordance with the terms hereof or the exercise of any of the rights referred to herein, including with respect to blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may exist in any media or in any publications thereof. The foregoing release shall also include, but not be limited to, claims in the nature of copyright infringement, defamation, disparagement, slander, libel, false light, invasion of privacy or publicity, personality or the like, and by making such a release, you further agree to indemnify and hold harmless each of the European Wax Center Parties and any person claiming under any of the European Wax Center Parties, and their respective officers, directors, shareholders, members, managers, agents, attorneys and employees, from and against any liabilities, losses, claims, demands, costs (including without limitation attorneys' fees) and expenses arising in connection with any breach or alleged breach by you of any of the representations, warranties,releases or other agreements provided herein.
6. No Employment Relationship. Employees of franchised locations and area representatives are not employees of EWC, and in no event shall any participant be deemed an employee of EWC by reason of providing EWC with Content to be featured on the EWC Social Media Accounts. Any compensation and/or taxes with respect to labor or other time provided by any participant shall be the sole and exclusive responsibility of each participant’s employer.
7. Feedback and Ideas. YOU FULLY UNDERSTAND THAT YOUR SUBMISSION OF ANY FEEDBACK, BEST PRACTICES, TIPS, IDEAS OR SUGGESTIONS RELATED TO THE CONTENT IS COMPLETELY VOLUNTARY, AND THEREFORE, EWC MAY USE, DISCLOSE, REPRODUCE OR OTHERWISE EXPLOIT ANY SUGGESTIONS, BEST PRACTICES, TIPS, IDEAS OR OTHER FEEDBACK (INCLUDING ANY RESPONSES TO ANY SURVEYS OR QUESTIONS) YOU PROVIDE WITH OR AS PART OF THE CONTENT AS IT SEES FIT, INCLUDING TO DEVELOP OR IMPROVE ANY EUROPEAN WAX CENTER PRODUCTS OR SERVICES, WITHOUT ANY COMPENSATION OR OTHER OBLIGATION OR APPROVAL RIGHTS GRANTED TO YOU WHATSOEVER, OR RESTRICTION OR LIMITATION OF ANY KIND ON ACCOUNT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE, AND BY PROVIDING CONTENT TO BE FEATURED ON THE EWC SOCIAL MEDIA ACCOUNTS, YOU GRANT A NON-EXCLUSIVE, PERPETUAL, IRREVOCABLE AND ROYALTY-FREE LICENSE TO ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR CONTENT INCLUDING ANY FEEDBACK, BEST PRACTICES, TIPS, IDEAS AND SUGGESTIONS FOR ANY SUCH PURPOSE. IN CONSIDERATION OF THE FOREGOING GRANT, EWC ACKNOWLEDGES THAT OUR USE OF ANY SUCH SUGGESTIONS, BEST PRACTICES, TIPS, IDEAS OR OTHER FEEDBACK INCLUDED IN THE CONTENT IS AT OUR SOLE RISK.
Abiding by these terms is a condition to your acceptance as a provider of Content to be featured on the EWC Social Media Acounts. We may enforce our rights by legal or equitable means. These terms and conditions are governed by Texas law. The rights granted to us are irrevocable, perpetual and assignable, and will inure to the benefit of and will be binding upon you, EWC and your and our respective affiliates, successors, licensees, assigns, heirs and representatives. Electronic copies of this release shall have the same effect as the original copy.
ACKNOWLEDGMENT AND AGREEMENT:
I HAVE READ AND UNDERSTOOD EACH OF THE TERMS AND CONDITIONS ABOVE, INCLUDING THE RELEASE, AND BY
EXECUTING BELOW, I REPRESENT AND WARRANT THAT I ACKNOWLEDGE THE CONSIDERATION REPRESENTS SUFFICIENT CONSIDERATION FOR THE RIGHTS I AM GRANTING HEREIN, THAT I FULLY UNDERSTAND ALL OF THESE TERMS AND CONDITIONS AND THEIR SIGNIFICANCE; THAT I INTEND TO ABIDE BY EACH TERM AND CONDITION WITHOUT EXCEPTION AND THAT I HAVE SIGNED BELOW VOLUNTARILY AND OF MY OWN FREE WILL; AND THAT (UNLESS INDICATED BELOW) I AM
AT LEAST 18 YEARS OF AGE AND I HAVE FULL POWER, LEGAL RIGHT AND AUTHORITY TO ENTER INTO, EXECUTE AND DELIVER THIS DOCUMENT, INCLUDING ALL RIGHTS TO GRANT THE ABOVE-MENTIONED RIGHTS AND RELEASES WITHOUT OBTAINING THE PERMISSION OF, OR MAKING ANY PAYMENTS TO, ANY THIRD PARTY OR ENTITY.
Additional Content Guidelines
All Content submitted must conform to the additional submission requirements set forth as follows:
- Content must comply with these terms and conditions and any Terms of Services, Terms and Conditions or other similar terms of service orcommunity guidelines posted on Franconnect Hub or, as applicable, EWC’s website(s) and mobile applications, and any social media platforms;
- Content must be Federal Communications Commission acceptable, including no use of indecent or obscene material or language;
- Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or agegroup, profane or pornographic, contain nudity or any materially dangerous activity;
- Content cannot promote alcohol, illegal drugs, tobacco, or firearms/weapons (or the use of any of the foregoing), and cannot promote or portrayany activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content cannot be offensive or endorse any form of hate or hate group;
- Content cannot defame, misrepresent, or contain disparaging, libelous, or misleading remarks, comments, or material about any EWC Party ortheir respective businesses, products or services, or about any other people, products, or companies, subject to applicable laws;
- Content cannot infringe on or violate any copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary,or contractual right of a third party and cannot contain any personal identification such as license plate numbers, personal names, e-mailaddresses, or street addresses, other than participant’s;
- Content cannot contain trademarks, logos, or trade dress owned by others, or advertise or promote any brand or product of any kind, withoutwritten permission;
- Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings, music and other works of art orimages published on or in websites, television, movies, or other media) without written permission (EWC does not permit the infringement ofothers’ rights and any use of materials not original to the participant, except copyrighted materials owned by EWC, is not allowed in anyContent. Therefore, do not copy your favorite movie, book, or photo or include materials, images, graphics, music, or trademarks belonging toany third parties or incorporate the names, voices, likeness, or personas of any party other than yourself unless you have obtained all rightsnecessary to permit you to use same in connection with your Content and grant the rights herein granted to the EWC Parties);
- Content shall not include any background artwork, unless it is an original work of the participant (any artwork, murals, etc., that can be seen inthe Content must be created solely by the participant or participant must be the sole owner of all copyright interests therein);
- Content cannot be abusive or harassing towards any individual or group of individuals regarding race, sex, religion, creed, national origin, age,disability, gender identity or expression, sexual orientation, or any legally protected classification (which includes, but is not limited to, epithetsor slurs, threats, intimidations, or hostile acts);
- Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, withoutwritten permission, and Content cannot feature any guests of any European Wax Center location;
- Content cannot communicate any messages or images inconsistent with the positive images and/or goodwill to which EWC wishes to associate;
- Content cannot depict, and cannot itself, be in violation of any law; and
- Content must be socially acceptable and in good taste, as determined by EWC in EWC’s sole and absolute discretion.
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