Marketplace Operations Inc. Name/Image/Likeness Release
You have been invited to participate in a research study conducted by Marketplace Operations Inc. (“MPO”) to provide first-hand testing from individuals with hearing loss to help determine the best hearing aid products on the market. As part of your participation, you will be asked to (i) provide your personal information (including some health information related to your hearing) and a photo, (ii) review one or more hearing aid devices, and (iii) provide feedback on the product(s) you agree to test. Participation is completely voluntary, and you may discontinue at any time. If you complete the requested review process (approximately two weeks), you will be permitted to keep the hearing aid device you reviewed. As part of this study, we may use your information, image, and feedback in our final report, which will be made available for public distribution through electronic or other means (e.g., our website, social media accounts).
For valuable consideration, the receipt of which is hereby acknowledged, you grant to MPO the right to use the materials and information you provide to us, including but not limited to, your name, demographic and biographical information, image, photographs, sound recordings, quotes, and feedback (whether written or oral) (collectively, the “Materials”) for use publicly, in whole or in part, worldwide, at any time, in any media now known or later devised, for editorial purposes and the promotion thereof, on social media platforms, and for any other purpose deemed necessary by MPO.
You agree that this authorization and release does not obligate MPO to use the Materials. You waive any right to inspect or approve content containing the Materials. You represent and warrant that: (1) you are at least eighteen (18) years old; (2) you have experienced some form noticeable hearing loss; (3) you are not aware of any reason (including legal, physical, medical or otherwise) that would prohibit you from participating in this study; (4) the Materials you provide to MPO, and each element thereof, are original works created of or by you or that you have obtained all rights necessary for MPO to make use of the Materials for any purpose; (5) the Materials you provide to MPO will be truthful and accurate to the best of your knowledge; (6) none of the Materials will infringe any intellectual property rights of any third party; (7) the Materials are free from plagiarism; (8) the Materials do not violate any right of privacy or publicity of any person, whether contractual, statutory, common law or otherwise; and (9) the Materials do not contain any libel or slander of any person, thing, or enterprise.
If MPO receives any claim from a third party arising out of its use of the Materials, you agree to indemnify MPO and its agents, employees, affiliates, subsidiaries, representatives and all related parties from and against any and all damages, costs, judgments and expenses which it incurs as a result of its use of the Materials. You release and discharge MPO from any and all claims and demands arising out of or in connection with the use of the Materials, including without limitation claims for defamation, invasion of privacy or right of publicity, and/or infringement of any intellectual property rights.
You have read the above authorization, release and agreement prior to its execution and are familiar with the contents. This release shall be binding on you and your heirs, legal representatives and assigns. This authorization and release shall inure to the benefit of MPO’s legal representatives, affiliates, subsidiaries, licensees and assigns.
