Terms and Conditions – CONSENT & RELEASE

BY CLICKING “I AGREE TO THE TERMS AND CONDITIONS” I CONFIRM THAT I HAVE REACHED THE AGE OF
MAJORITY IN MY JURISDICTION OF RESIDENCE AND AM LEGALLY ENTITLED TO ENTER INTO THIS
CONSENT AND RELEASE ON MY OWN BEHALF, THAT I HAVE READ, UNDERSTAND AND AGREE TO THE
TERMS AND CONDITIONS OF THIS CONSENT AND RELEASE AND THAT IT IS MY INTENTION TO ENTER
INTO THIS AGREEMENT TO WAIVE MY RIGHTS, INCLUDING MY RIGHT TO MAKE A CLAIM, WITH RESPECT
TO THE USE OF MY CONTENT (AS DEFINED BELOW).

For good and valuable consideration, including the opportunity to participate in the tourism related initiatives of
Discover The Palm Beaches (“DTPB”), the receipt and sufficiency of which are hereby acknowledged, I, on behalf of
myself, my company, my employer and/or my organization, and my/its successors, heirs and assigns, hereby
acknowledge and accept this Consent & Release Agreement with DTPB as follows:

1. License. By clicking “I Agree to the Terms” below, I: (i) grant to DTPB and its sub-licensees and assigns, in
perpetuity, a non-exclusive, sub-licensable, assignable, fully transferable license to use, publish, display,
reproduce, distribute, broadcast, communicate, modify, translate, edit or otherwise use my photo(s), video(s),
accompanying comment(s), username, first name, last name initial, city and state of residence as indicated on
my social media profile, and the image, likeness, voice, or other personal information as may be contained
therein of all persons featured (collectively the “Content”), in whole or in part, for advertising or promotional
purposes, including, without limitation, the use of the Content on websites, including in social media platforms
and utilities such as Facebook, Twitter, Instagram, Google+, YouTube, consumer facing websites, in online
videos or television commercials, press releases, email marketing communications, collateral sales articles and
promotions, printed media, digital or out-of-home advertisements and other digital media channels/networks
(collectively the “Purpose”); and (ii) waive all intellectual property rights, moral rights and all other legal rights in
and to the Content in favor of DTPB (and anyone authorized by DTPB to use the Content in relation to the
Purpose).

2. Representations and Warranties. By clicking “Confirm” below, I warrant, represent, and agree that:

i. I have reached the age of majority in the legal jurisdiction of my current residence;

ii. The Content (and each individual component thereof) is wholly original to me (i.e. I am the original
photographer/videographer or an authorized representative thereof), that I am the sole legal owner of the
Content or an authorized representative thereof, and I have obtained all necessary ancillary rights,
permissions and/or licenses in and to the Content (and all individual components thereof) necessary to
authorize use of the Content by DTPB as set forth herein;

iii. I have previously publically published the Content on my Instagram, Facebook, or Twitter account, or on
another social media platform/network, and the Content was not scripted, professionally produced,
contracted, directed or paid for by one or more other persons who may claim sole or partial ownership of the
Content;

iv. The Content (and each individual component thereof) does not violate any federal, state or local law, statute,
ordinance or regulation;

v. The Content (and each individual component thereof) does not contain any reference to or likeness of any
identifiable third party, unless consent has been obtained from such individual and their parent/legal
guardian if they are under the age of majority in their jurisdiction of residence;

vi. The Content (and each individual component thereof) will not give rise to any claims whatsoever, including,
without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or
interests of any third party;

vii. I shall have no right of approval, no claim to additional compensation or benefit, and no claim (including,
without limitation, claims based upon invasion of privacy, defamation, right of publicity or infringement)
arising out of DTPB’s use of the Content in accordance with these Terms and Conditions;

viii. I represent and warrant that the Content (and each individual component thereof) is not defamatory, trade
libelous, pornographic or obscene, and does not contain, depict, include, discuss or involve, without
limitation, any of the following: dangerous or unsafe behavior or depictions; nudity (partial or otherwise);
alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or
offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or
other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behavior
or conduct; personal information of individuals who have not provided their consent; telephone numbers
and/or addresses (physical or electronic); commercial messages, comparisons or solicitations for products
or services; any identifiable third party products, trade-marks, brands and/or logos; and/or any other content
that is or could be considered inappropriate, disparaging, unsuitable or offensive, all as determined by DTPB
in its sole and absolute discretion.

3. Indemnity. I hereby agree to release, indemnify and hold harmless DTPB, its advertising, public relations,
website and promotion agencies, and each of their respective agents, employees, directors, successors, and
assigns from and against any and all claims related, directly or indirectly, to the Content – including, without
limitation, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark
infringement, misappropriation or any other intellectual property right or any other cause of action.

4. Privacy. I understand that the personal information in the Content is being collected for the Purpose set out
above in accordance with the DTPB Privacy Policy (which is hereby incorporated herein by reference in its
entirety). I understand that I may direct any questions regarding the collection of my personal information under
these Terms and Conditions to DTPB using the information set out in the DTPB Privacy Policy.

Unless and until I otherwise notify DTPB in writing, I consent, effective as of the date I accept these Terms and
Conditions, for the Purpose, to:

i. the storage of the Content and my personal information, inside or outside of the United States of
America, by DTPB and its service providers, representatives or other authorized third parties;

ii. unrestricted access to the Content and my personal information, inside or outside of the United States
of America, by DTPB, its service providers, representatives, other authorized third parties and the
general public; and

iii. the disclosure of the Content and my personal information, inside or outside of the United States of
America, to DTPB’s service providers, representatives, other authorized third parties and the general
public.

5. Limitation of Liability. DTPB SHALL NOT BE LIABLE TO ME FOR DTPB’S USE OF THE CONTENT FOR
THE PURPOSE AS SET FORTH HEREIN, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF DTPB’S USE OF
THE CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.