Publicity Consent and Waiver

I (“Participant”) hereby grant Elmcor Youth & Adult Activities Inc., (“Elmcor”), the worldwide, irrevocable, perpetual, transferable, fully paid-up right to record my appearance, name, likeness, movements, biographical data, image and voice (collectively, the “Likeness”) and any images and/or recordings of me/my child submitted by me (collectively, and together with “Likeness”, “Images”), in any format, including video, photographs or any other means of fixation or recording in any media formats (whether now known or developed in the future) (collectively, “Recordings”).  I acknowledge that, as between Elmcor and me, Elmcor is the owner of the Recordings, and hereby assign to Elmcor any and all right, title, or interest I may have in the Recordings. I confirm that I am the owner of any video, photograph or other recording I provide to Elmcor (“Licensed Recordings”), and I have all rights necessary to grant Elmcor the rights granted under this Publicity Consent and Waiver.

Without limiting the foregoing, I hereby grant to Elmcor the worldwide, perpetual, transferable, sublicensable, fully paid-up right to use the Images, Recordings (including Recordings taken by Elmcor before execution of this Publicity Consent and Waiver) and any Licensed Recordings, in any and all media, including television, print, online and social media, and any other promotional materials (whether internal or external, and whether in electronic, digital, print or any other form) (collectively, the “Materials”) for promotional/marketing/advertising and communications purposes.  I further agree that the Amazin’ Mets Foundation, Inc. (“Foundation”), Sterling Mets, L.P. (“Mets”), and/or other parties involved (together with the Foundation and the Mets, the “Group”) may produce, reproduce, broadcast and otherwise use the Materials for promotion/marketing/advertising and communications purposes.  Elmcor and each member of the Group will have sole discretion in determining the extent and manner of use of the Recordings or Licensed Recordings, and Elmcor and any member of the Group is not obligated to submit to Participant for approval any of the Recordings or Licensed Recordings prior to any use. I acknowledge that the Recordings and Licensed Recordings may contain personal data protected by applicable data protection laws, and that Elmcor and each member of the Group may process and use the Recordings and Licensed Recordings for the purposes described in this Publicity Consent and Waiver.

I hereby knowingly and voluntarily release Elmcor, and each member of the Group and its respective representatives from any claim, action, suit or demand of any kind or nature whatsoever arising from the use of the Likeness, Materials, Recordings, or Licensed Recordings as permitted herein, including any claims for invasion of privacy, defamation, violation of any right of publicity, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast, or exhibition of advertisements, promotions, content, programs and/or materials in which the Images appear. I waive all rights to royalties, fees and other compensation for any use of the Likeness, Materials, Recordings, or the Licensed Recordings. 

I acknowledge that this Publicity Consent and Waiver constitutes the entire understanding between Elmcor and me regarding the subject matter hereof and cannot be terminated or amended, except by written agreement signed by both parties. I agree that the terms and conditions of this agreement are governed by
New York law.

FOR PARTICIPANTS UNDER THE AGE OF 18:
I (“Legal Guardian”) am a legal guardian of Participant and have the right, capacity, and authority to enter into this Publicity Consent and Waiver and to consent to Participant’s entering into this Publicity Consent and Waiver. I hereby enter into this Publicity Consent and Waiver and agree to the terms hereof and express my consent to Participant’s entering into this Publicity Consent and Waiver.