Share Your Family Story

WAIVER AND RELEASE

I am invited to provide Sunny Smiles Foundation Defeat DIPG Foundation (“Sunny Smiles Foundation”) with content from me and my family, such as images, stories, or video, written, photographic or audio recordings incorporating my or my family’s name, likeness, voice, statements, or other personal attributes, or any other content or materials of my and my family’s story (collectively, the “Materials”). By signing and submitting this waiver and release, I voluntarily grant Sunny Smiles Foundation, including its officers, employees, and agents, a non-exclusive, worldwide, perpetual right and license, subject to my right to revoke this grant of rights as provided below, to use, reproduce, display, exhibit, copy, publish, distribute, make use of, and modify the Materials on Sunny Smiles Foundation’s website, social media accounts, and email communications for purposes of Sunny Smiles Foundation’s promotional, informational, and educational activities as deemed appropriate by Sunny Smiles Foundation to further its mission. I understand and give my permission that Sunny Smiles Foundation may use and disclose my or my family’s pediatric brain tumor diagnosis in sharing my and my family’s story. I understand that I may revoke in writing my authorization to use or disclose the Materials as provided below. I will not receive compensation for the use of the Materials, including the use of my or any member of my family’s name, image, likeness or testimonial. I acknowledge and agree that (i) Sunny Smiles Foundation will have exclusive ownership rights to all content, works, intellectual property, and other materials and items, tangible or intangible, developed in connection with Sunny Smiles Foundation’s use of the Materials, including, for clarity, any social media content, website content, or email content developed to further Sunny Smiles Foundation’s mission (collectively, the “Developed Works”), and (ii) Sunny Smiles Foundation may use, reproduce, publish, store, distribute, transmit, display, and exhibit the Developed Works, in any format or media that exists today or may be developed in the future, throughout the world in perpetuity for purposes consistent with Sunny Smiles Foundation’s mission. To the extent that I acquire or assert any right, title, or interest in or to the Developed Works, I hereby assign to Sunny Smiles Foundation all such worldwide right, title, and interest. To the extent permitted by applicable law, I waive all so-called “moral rights” in relation to the Developed Works. For clarity, I reserve ownership rights in all of my rights of publicity, including to my name, likeness, voice, images, or any identifying attributes or information, subject to the license granted in this waiver and release. Except as expressly provided in this waiver and release, Sunny Smiles Foundation reserves all right, title and interest in and to Developed Works and its other intellectual property. This paragraph will survive any revocation or expiration of this waiver and release.

I will ensure that I have secured all rights, consents, and authorizations for Sunny Smiles Foundation’s use of the Materials. If I share Materials that relate to another person, or in which another person appears, I acknowledge and agree that I am responsible for obtaining all rights, consents, or authorizations needed to disclose such Materials to Sunny Smiles Foundation and for Sunny Smiles Foundation to use the Materials in accordance with this waiver and release.

I understand that I may refuse to sign this waiver and release and that signing this waiver and release is not a condition of receiving access to Sunny Smiles Foundation’s programs and resources. I understand that I may revoke this waiver and release, in writing, at any time, and Sunny Smiles Foundation will use good faith efforts to remove the Materials in its control (e.g., Materials published on Sunny Smiles Foundation’s website); however, I further understand that, after Sunny Smiles Foundation has used the Materials in reliance on the rights granted in this waiver and release, there may be limitations on its ability to remove the Materials that were printed, shared, or otherwise used in reliance on such rights, and such Materials may remain publicly and visually available (by way of example, and not limitation, Sunny Smiles Foundation will have no obligation to remove the Materials from media coverage or third-party websites). Unless revoked, this waiver and release will expire at the end of the useful life of the applicable Materials.

The Materials may include personal information, including information about my or my family’s pediatric brain tumor diagnosis and other health information. By providing Sunny Smiles Foundation with the Materials, I am giving permission for Sunny Smiles Foundation to collect, use, and disclose personal information in sharing my or my family’s story and for other purposes described above, and I understand that this waiver and release will allow my protected health information to be used and reused for the purposes explained above until this waiver and release is either revoked by me or expires. I understand that once this information is released, it may no longer be protected by state or federal confidentiality laws and may be re-disclosed.

I hereby release, discharge, and covenant not to sue Sunny Smiles Foundation, its directors, officers, employees, agents, and volunteers (each, a “releasee”) from all liability, claims, demands, losses, or damages incurred by me arising out of or related to my submission of the Materials to Sunny Smiles Foundation or otherwise related to the use of the Materials, caused or alleged to be caused in whole or in part by the releasees or otherwise, and I further agree that if, despite this waiver and release, I, or anyone on my behalf, makes a claim against any of the releasees, I will indemnify, save, and hold harmless each of such releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred by such releasee as a result of such a claim.

I have read this waiver and release, fully understand its terms, and have signed it freely and without any induction or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I agree that if any portion of this waiver and release is held to be invalid, the balance, notwithstanding, shall continue in full force. If an individual under 18 years of age is featured in the Materials, I acknowledge that I am their parent or legal guardian, have completely reviewed this waiver and release, understand and consent to its terms, and authorize their participation by my signature below. I agree that electronic submission of this waiver and release constitutes signature, and in doing so, I acknowledge and represent that I have read and understand this waiver and release and agree to it voluntarily.