STANDARD PARTICIPANT (PLAYER) RELEASE
In consideration for the opportunity to participate in Merit Poker, subject to eligibility,the undersigned player “Player”, hereby agrees as follows:
1. Name, Voice & Likeness Release: Player acknowledges that Merit Poker Enterprises, Inc., on its own and through authorized third-party designees, will be photographing, videotaping, filming, televising, streaming, and creating other audio and/or visual works of or about the Merit Poker Events before, during, and after the events (the works) and that Merit Poker and its designees will be using and exploiting the works in: (a) films, television shows, radio programs, internet programs, and other audio and/or visual programs about the Merit Poker Events or its host sites in any forum of media including,without limitation, the television, film, radio, and the internet, however displayed jointly and severally, the “programs”; and (b) all types of advertising, marketing, and promotion for the Merit Poker Events, programs, and host sites, including, without limitation, print, direct mail, e-mail, internet, indoor and outdoor signage, radio, and television advertisements collectively,the “Promotions”. Player consents to being photographed, filmed, recorded and taped for the works include, without limitation, tournament play and behind-the-scenes photography and film and audiotaped interviews with the player). Player further consents to Merit Poker Events and its designees world wide use and exploitation of player’s name, voice, likeness, image,caricatures, nicknames, signature, mannerisms, traits, speech, phrases, and other unique personal characteristics collectively,the “Player’s Likeness,” as they appear in the works and as they appear in any photographs, films or other audio and/or visual works of past or future Merit Poker Events, and to disclosure of player’s strategies and hole cards, in the Programs, and Promotions, in perpetuity by any means and through any medium now known or here in after used. Player agrees that he/she will make no claim of any kind against Merit Poker and its designees as a result of any of the uses described above, and the player irrevocably and unconditionally waives and releases Merit Poker, its parents, subsidiaries, affiliates, and designees, and each of their respective officers, directors, agents, servants, employees, representatives, insurers, licensees, designees, assignees,successors in interest and invitees, from any and all claims arising out of such use, including, without limitation, any claims for invasion of privacy, infringement of player’s right of publicity, false endorsement, defamation (including libel and slander) and any other personal and/or property rights of any kind or nature.
2. Ownership of the Performance: Player’s appearance during the works “Appearance” shall be deemed a“work made for hire” for Merit Poker. Accordingly, Merit Poker shall be considered the author and the sole exclusive owner of all right, title and interest in the appearance and the works. In the event that all or any portion of the appearance is found by a competent court of competent jurisdiction not to be a work-for-hire, player hereby grants and assigns to Merit Poker all worldwide rights of every kind and nature in and to the appearance and authorizes the embodiment of player’s appearance and player’s likeness in the programs and promotions. Merit Poker shall have the right, on its own and through authorized third parties, to change, alter, revise, edit, add to or subtract from the appearance in Merit Poker’s sole discretion, as well as the right to combine the appearance with material furnished or created by others, and to use the appearance in the programs and promotions without any additional approvals or review by the player or any compensation. Player hereby waives any and all “moral rights” the player may own related to the works or the use or exploitation there of as authorized herein.
3. Dress Code and Product Placement: During player’s appearance at and participation in the Merit Poker Events,the player agrees to dress as directed by Merit Poker and adhere to Merit Poker’s restrictions on the use of headphones, clothing and any other items containing endorsements of any kind. Player agrees that Merit Poker shall have the sole and exclusive discretion to prohibit the wearing of any item by player upon the premises during the Merit Poker Events and Merit Poker may immediately disqualify the player from the Merit Poker Events for refusal to comply with the direction of Merit Poker in this regard, without recourse of any kind or nature whatsoever by player against Merit Poker. The player represents Merit Poker and will not accept any money, service or other valuable consideration from anyone for the inclusion of any matter in the programs, except to the extent that the same shall be approved by Merit Poker in its sole discretion, and then only provided that the same shall be subject to applicable requirements of the U.S. Federal Communications Act or any other applicable regulations.
4. Confidentiality: Player shall treat all information and material received or acquired during participation in the Merit Poker Events including, without limitation, Merit Poker Event outcomes, player identities, player winnings, operational methods, production locations (other than Merit Poker tournament rooms), programs, and promotions content and release dates, and other information or materials designated by Merit Poker as confidential collectively, the “confidential information” as strictly confidential and shall not disclose any such information to any third party for a period of three (3) years from the conclusion of the Merit Poker Events.
Confidential information shall not include any information such as: (a) that is subsequently disclosed by Merit Poker or its authorized designees to any person or entity on a nonconfidential basis; (b) that the player can show by documentary evidence was known to the player prior to the date of its disclosure to the player by Merit Poker or that player developed independent of access to confidential information; or (c) that becomes publicly known, by publication or otherwise, not due to any unauthorized act or omission of the player or any other party having an obligation of confidentiality to Merit Poker. Not with standing the foregoing, the player shall keep all trade secret information of Merit Poker confidential unless and until authorized to disclose the trade secrets by Merit Poker in a writing signed by an officer of Merit Poker.
5. Miscellaneous: Merit Poker is not obligated to use the appearance of player in the programs or include the player in or promotions in any territory. Merit Poker may assign, transfer, or license its rights under this agreement, in whole or in part, at any time to any third party. This agreement sets forth the entire understanding and agreement of the parties, and there are no other warranties, agreements or understandings between the parties, express or implied, as pertains to the subject matter herein. Player acknowledges that he/she has relied on his/her own judgment. This agreement may not be modified or amended in any manner except by a written document executed by the player and an authorized officer of Merit Poker. Headings preceding the text, articles and sections of this agreement have been used solely for reference and shall not be construed to affect the meaning, construction or effect of this agreement. This agreement is executed and delivered in Italy, and is made in contemplation of its interpretation and effect being construed in accordance with the laws of the Republic of Italy, and it is expressly agreed that it shall be construed in accordance with the law of the Republic of Italy without giving effect to the principles of the conflicts of laws. The player agrees to execute such further documents consistent here with and do such other acts as may be required by Merit Poker or its licensees, designees, or representatives to evidence or effectuate Merit Poker’s rights hereunder. Merit Poker shall not owe the player any fees or other monetary compensation in consideration for execution of this agreement or in connection with Merit Poker’s exercise of its rights hereunder. Consideration provided to the player by Merit Poker for execution of this agreement is Merit Poker’s agreement to permit player to participate in the Merit Poker events under the terms and conditions herein described.