EnergySage Media Release Agreement

When uploading media of any sort (photos, videos, etc.) to EnergySage.com or submitting it to
submissions@energysage.com, or providing EnergySage with media of any kind to have it be used on social media, the installer agrees to the following agreement:

MEDIA RELEASE AGREEMENT

This Media Release Agreement (“Agreement”) shall confirm that the undersigned person
(“Performer”) has granted permission to EnergySage, their partners, agents, employees, successors, licensees, assignees, and designees (“Producer”) to use Performer’s name and/or likeness, image, voice, sound effects, interview and performance in EnergySage branded image and video content (“Production”), and including but not limited to promotion and advertising materials. This Agreement supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties relating to the subject matter hereof.

1. Grant of Rights
The Performer hereby grants the Producer the right to use photographs, video recordings, and other digital content ("Content") that includes their likeness, image, voice, sound effects, interview, performance. If the Performer is submitting Content featuring another’s name, image, likeness, or home, the Performer confirms that they have received consent from said homeowner that they have permission to use such names, images and likeness, and/or images and/or videos of their home in Content. The Performer acknowledges that the Content may be used for promotional, educational, and informational purposes across all varieties of digital media, including but not limited to websites, social media platforms, newsletters, advertising material, and other digital content, in perpetuity.

It is understood and agreed that Producer shall retain final editorial, artistic, and technical
control of the Production and the content of the Production. Producer shall own all right, title and interest, including the copyright, in and to the Production, to be used and disposed of, without limitation, as Producer shall in Producer’s sole discretion determine.

For good and valuable consideration, sufficiency and receipt of which is hereby acknowledged, Performer grants permission to Producer to utilize Performer’s appearance in the Production.
Producer may use and authorize others to use the Production and portions thereof in all
markets, manner, formats and media, whether now known or hereafter developed throughout
the world, in perpetuity.

2. AI Use Restrictions
The Performer's likeness shall not be used by EnergySage in any artificial intelligence (AI) models, or training of AI systems.

3. No Compensation
The Performer acknowledges that they shall receive no monetary compensation for the use of their likeness or the Content as described herein, unless otherwise agreed in writing.

4. Release and Indemnification
Performer expressly releases Producer from all claims which Performer has or may have against
Producer for Producer’s use of Performer’s image or likeness in relation to this Agreement, including for
invasion of privacy, defamation, or any other cause of action arising out of production, duplication, broadcast or exhibition of any Content. Performer agrees to defend and indemnify Producer against all costs, expenses, and losses (including reasonable attorney’s fees and costs) incurred through claims against Producer alleging that Producer’s use of any content provided by Performer infringe the copyright, or any other right, of any third party.

5. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Performer agrees to the personal jurisdiction by and venue in the state and federal courts in Suffolk County, Massachusetts, and waives any objections to such jurisdiction or venue.

I represent and warrant that I have full right and authority to enter into this Agreement. I acknowledge that I have read the foregoing Agreement and am familiar with each and all of the
terms, covenants and conditions contained therein, I am satisfied that said Agreement is fair and
equitable, and I hereby give my express consent to the execution thereof and will not revoke
my consent thereto at any time hereafter.

 

For questions about this release please contact your PSM.