Testimonial Terms and Conditions

Testimonial Terms and Conditions

For good and valuable consideration (including but not limited to my use of, or ability to use/access, Dominion’s (defined below) products and services), the receipt and sufficiency of which are hereby acknowledged, I hereby irrevocably and perpetually grant Dominion Enterprises and any and all of its divisions, subsidiaries, affiliates, and/or parent companies, and their respective successors and assigns (individually and collectively “Dominion”), acting through its employees, contractors and other individuals with authority and permission to act on behalf of Dominion, the right, but not obligation, to reproduce, publish, distribute, broadcast, edit, change and otherwise use photographs, video and/or audio recordings of me, and related biographical information of me, including my written comments, endorsements, or testimonials, in each case that I have provided to (or otherwise made available for use by) Dominion through any of Dominion’s products or services (collectively the “Materials”), in any media whatsoever in connection with any of Dominion’s now existing or future businesses; provided, I acknowledge that Dominion shall not have any obligation to use or continue to use any Materials for any purpose whatsoever.

I waive any right that I may have to inspect or approve the Materials or the uses thereof permitted hereunder. I hereby agree to indemnify and hold harmless Dominion and its officers, directors, employees and representatives from and against any and all claims, liabilities, demands, actions and expenses (including attorneys’ fees) arising from or relating to the use of any Materials contemplated herein, whether based on claims of invasion of my right of privacy or publicity, defamation or any similar tortious conduct or involving any attempt I may make to revoke the authorization granted herein, but expressly excluding claims for breach of this release agreement by Dominion. I acknowledge and affirm that the only consideration for my executing this release agreement is the receipt of the consideration stated above, that no other promise or agreement of any kind has been made to or with me by any person whatsoever to cause me to execute and deliver this release agreement, and that I fully understand the meaning and intent of the rights granted and release given hereunder.

I further agree that, if I am an employee of any of Dominion’s businesses at the time that I execute and deliver this release agreement, such release agreement shall survive any termination of my employment, whether such termination is at my election or that of the Dominion businesses. I hereby warrant that I am over eighteen years of age and competent to contract in my own name insofar as the above is concerned.