4. INDEMNIFICATION / RELEASE:
(a) Volunteer agrees to take all necessary precautions to prevent injury to any persons or damage to property during the term of this Agreement, and shall indemnify, defend and hold harmless VividBlackPaint, its officers, directors, fellow Volunteers, representatives and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising in any way out of injury (including death) to any person or damage to property arising in any way out of any act, error, omission or negligence on the part of Volunteer or any Volunteer Employee in the performance or failure to fulfill any Services or obligations under this Agreement.
(b) I understand that during participation in all Vivid Black Paint activities, rehearsals, and events, that participant photos and videos may be taken and that some of that material will be used by Vivid Black Paint in promotional and marketing materials and on the Vivid Black Paint website and associated social media pages and I consent to that. Once these photos and videos are posted online Vivid Black Paint is not responsible for harm or damages assumed by participants and their families thereafter.
(c) I authorize Vivid Black Paint, Vivid Black Paint's agents, successors, assigns, and designees to record my name, likeness, image, voice, sound effects, interview and performance on video, film, or otherwise (the "Recording"), edit such Recording as Vivid Black Paint may desire, and incorporate such Recording into the Video, any versions of the Video and all related materials thereof, including but not limited to promotion and advertising materials. It is understood and agreed that Vivid Black Paint shall retain final editorial, artistic, and technical control of the Video and the content of the Video. Vivid Black Paint may use, and authorize others to use, the Video, any portions thereof and the Recording in all markets, manner, formats and media, whether now known or hereafter developed, throughout the world, in perpetuity. Vivid Black Paint, and Vivid Black Paint's successors and assigns, shall own all right, title and interest, including the copyright, in and to the Video, including the Recording and related materials, to be used and disposed of, without limitation, as Vivid Black Paint shall, in Vivid Black Paint's sole discretion determine.