I understand that Holcim Solutions and Products US, LLC, its parent company, affiliates, subsidiaries, agents, officers, directors, employees, licensees, successors or assigns (“Holcim”) is producing photographic images, motion pictures, video recordings, audio recordings and other audio or visual works, including written testimonials or endorsements (“Materials”) in connection with the referenced Project/Building Name above (“Event”), and my name, handle, voice, spoken word, likeness, musical performance, photograph, rendering, persona, silhouette, interview, statements, biographical data or other reproduction by photography, film, tape or otherwise (“Likeness”) has been obtained in order to appear in the Materials.

1. License. I agree to grant Holcim the right to my Likeness in connection with the Materials and all rights of every nature whatsoever in connection with use of my Likeness in the Materials, including without limitation all copyrights therein and renewals and extensions thereof, and the exclusive right to reproduce, exhibit, distribute, and otherwise exploit my Likeness in the Materials, in whole or in part, in perpetuity throughout the world in any and all media, whether now known or hereafter devised, including without limitation in, and in connection with, the marketing, publicity and promotion of Holcim products. Without limiting the generality of the foregoing, Holcim may exploit such rights by broadcasting the Materials or any part thereof, and may use any and all rights granted to Holcim herein for any and all commercial, merchandising, promotional and advertising purposes. In this respect, I agree that Holcim may edit, alter, reproduce or otherwise change the Materials or any part of the Materials.

2. Release. I release Holcim from any and all liability, claims, demands, actions or causes of action of any kind, nature or description, which I or any of my successors or assigns may now, or at any time, have or claim to have any reason of, arising out of, relating to or in any way connected with the filming, taping, recording, broadcasting, distribution, exhibition, advertising, dissemination or other exploitation of my Likeness.

3. No Compensation. I further understand there will be no monetary compensation paid to me, either directly or indirectly, for the photographic or video image or sound recording of myself and for the Materials that may be derived from the same.

4. Inspection. I waive any rights that I may have to inspect and approve the Materials.

5. Opinions. I represent and warrant that any interview comments, statements and/or information I provide accurately reflect my opinions and experiences and that they are true and correct to the best of my knowledge and belief.

6. Miscellaneous. This release shall inure to the benefit of, and shall be binding upon, me or my respective successors, licensees, assigns, heirs and personal representatives. Holcim shall not be obligated to utilize any of the rights granted in this Agreement or utilize my name within the Materials, it being understood that Holcim will have complete artistic and creative freedom and discretion. All determinations made by Holcim in this regard shall be final. This release constitutes our entire understanding with respect to the subject matter of this Agreement, and cannot be amended except by a written instrument signed by Holcim and myself. I am of the age of majority in my state of residence and have the right to contract in my own name, or I am the parent or guardian of the minor whose Likeness has been obtained and have the right to contract in their name without securing the permission of any other party. I have read the terms of this agreement and consent to the use of my Likeness (or the minor’s Likeness) pursuant to the terms above.

 

1. Eligibility: The Elevate Excellence Award Program (“Program”) is open to Elevate Red Shield Licensed contractors who purchase Elevate Commercial Roofing Systems & Lining Americas (“Elevate”) products; who are legal residents in North America or South America; who agree to the Program Rules
(“Agreement”); and who remain customers of Elevate in good credit standing at all times during participation in the Program
(“Participant”). The Program is not open to the general public and is void where prohibited.
2. Term: The Program and this Agreement shall commence January first in the Program year and terminate December thirty first of the Program year (“Program Term”).
3. Modifications and Interpretation: Elevate may modify the Program or this Agreement at any time. Elevate may, in its sole discretion, disqualify any Participant it finds to be tampering with the operation of the Program, or to be acting in violation of the Agreement or other Elevate rules, or in an unfair or disruptive manner. All decisions made by Elevate are final.
4. Limitations of Liability: Elevate, its subsidiaries and its affiliated companies, all entities involved in the development, administration or implementation of the Program or this Agreement, as well as their respective officers, directors, employees, agents, representatives, shareholders, successors and assigns (“Released Parties”) are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Program or this Agreement.
5. Disputes: Except where prohibited, each Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Program or this Agreement shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall include attorneys' fees; (c) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively,"Special Damages"); and (d) Participant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Tennessee state law, without reference to Tennessee’s choice of law rules, governs these Programs and this Agreement and all aspects related thereto. Participants hereby agree that any and all disputes arising out of or in connection with this Program or this Agreement shall be resolved by arbitration in Tennessee pursuant to this provision and the code of procedures of either the Judicial Arbitration and Mediation Services, Inc. or the American Arbitration Association, as selected by Participant. Participant must bring any action arising directly or indirectly from these Programs or this Agreement no later than one year after the end of the Program Term. Participant waives the right to bring an action arising directly or indirectly from these Programs or this Agreement under any longer statute of limitations.

6. Audit Rights: Elevate may, in its sole discretion, condition any award upon Participant establishing to Elevate’s satisfaction any information necessary to administer these Programs or this Agreement, including by providing invoice or other back up information.
7. Taxes: Payment of any taxes for any award is the sole responsibility of Participant.
8. Payment: Participant will not receive any payment award according to the Program rules.
9. Miscellaneous: The invalidity or unenforceability of any provision of this Program or this Agreement will not affect the validity or enforceability of any other provision. In the event that any provision of this Agreement is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Elevate’s failure to enforce any term of this Program or this Agreement will not constitute a waiver of
that provision. This Agreement embodies the entire understanding of the parties regarding the Program and supersedes any previous agreements or understandings, written or oral, in effect between the parties.