Sports Illustrated Swim Search 2025 Participant Release

SI Staff | Dec 12, 2024

SI Swimsuit

This participant release, effective as of December 13, 2024, shall confirm the agreement (the “Agreement”) between me and Sportority Inc. (“Company”) in connection with my participation in the Sports Illustrated Swim Search 2025  (the “Casting Call”).  

I represent that I have read, understand and have fully complied with the Terms and Conditions of the Casting Call (“Terms”), which are incorporated herein by reference, and that I have committed no fraud or deception in participating in the Casting Call. I AGREE TO HOLD IN CONFIDENCE ALL INFORMATION LEARNED ABOUT THE CASTING CALL AND COMPANY (AND ITS COMPANY ENTITIES, CONTENT, SERVICES, OPERATIONS AND PERSONNEL), AND I WILL NOT DISCUSS OR OTHERWISE DISCLOSE ANY SUCH INFORMATION TO ANY THIRD PARTIES WITHOUT COMPANY’S PRIOR WRITTEN CONSENT.

I represent and warrant that the Submission Materials (as defined in the Terms) I submitted in connection with the Casting Call (collectively, the “Submission”) are my own original work product, have not been previously published, have not won previous awards, and do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by me, and/or which are subject to the rights of third parties, I represent and warrant that I have obtained all releases and consents necessary to permit the use and exhibition of the Submission by Company in the manner set forth in the Terms and this Agreement. I understand that Company reserves the right to request proof of these permissions in a form acceptable to Company at any time and that failure to provide such proof may, if requested, render my eligibility in the Casting Call to be null and void.  

I grant Company and its parents, affiliates, licensors, licensees, subsidiaries, advertising and promotion agencies, and each of their officers, directors, shareholders, employees, agents and representatives (collectively, the “Company Entities”) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully paid-up license to the Submission (including all rights embodied therein) and that Company and the Company Entities may print, publish, reproduce, distribute, publicly display, exhibit, exploit, broadcast, edit, modify, create derivative works from and otherwise use the Submission and all elements of such Submission (including, without limitation, the Application Materials, the Social Posts and my Likeness (as defined below)) embodied therein, in whole or in part or together with other materials, including, without limitation the Recordings (as defined below), in any and all media now known or hereafter devised, and in all languages, for any purpose as determined by Company or the Company Entities in its/their sole discretion, including, without limitation, for any public relations, commercial or editorial purposes and in connection with the advertising, promotion and marketing of the Casting Call, Company, or Company Entities without compensation or notification to, or permission from, me or any third party (collectively, the “License”). 

I hereby agree that Company and Company Entities may (and may authorize or permit others to) photograph, film, tape and/or record me (including without limitation, my name, voice, likeness, any biographical or personally identifying information which Company and the Company Entities may gather, voice conversations and/or any sounds I make) (collectively, the “Likeness”) in connection with the Casting Call. Company shall be the sole and exclusive owner of the results and proceeds of such filming, taping, photography and recording (including without limitation, my name, voice and Likeness in such) (the “Recordings”). In consideration of my appearance in and in connection with the Casting Call, and without any further consideration from Company or the Company Entities, Company will own all copyrights and other intellectual property rights in all content created by Company or the Company Entities featuring my Likeness, including the Recordings and/or my Submission, in whole or in part.  

My Likeness and participation in the Casting Call and all the results and proceeds of my participation hereunder (collectively, the “Proceeds”) will be deemed “work-made-for-hire” for Company within the meaning of copyright laws of the United States and Company will be the sole and exclusive owner thereof. If and to the extent necessary, I irrevocably assign to Company, in perpetuity and throughout the universe, all of my rights of every kind and nature in and to the Likeness, Recordings, and the Proceeds (the “Rights”) and waive any and all so-called moral rights of authors. The License and Rights granted herein include without limitation the right for Company and the Company Entities to edit, delete, and/or dub my Likeness for technical, formatting and other purposes consistent with industry standard. I represent and warrant that (i) I have the full right and authority to grant the License and Rights and to enter into this Agreement and no third party consents are necessary to grant the License and Rights and/or any rights hereunder; (ii) I am not subject to any obligation which will or might conflict with the full completion and performance of my obligations hereunder; and (iii) I am twenty-one (21) years of age or older. I hereby waive any moral rights, right of inspection, and approval of my Likeness or the uses to which such Likeness may be put. I understand that nothing contained herein will require Company or the Company Entities to use my Submission, Likeness, Recording or the License or Rights in connection with the Casting Call or otherwise.

On behalf of myself, my family, heirs, successors, assigns and anyone claiming any interest through me, or on my behalf, I knowingly, intentionally and voluntarily, unconditionally and absolutely from now until the end of time, waive, release, discharge and agree to hold harmless Company and the Company Entities from any and all claims, demands, damages, rights of action or causes of action, including without limitation, reasonable attorneys’ fees and expenses (collectively “Claims”) whatsoever, present or future, whether the same be known or unknown, anticipated or unanticipated, that may result from or arise out of (i) my participation in the Casting Call, or (ii) the use of my Submission, Likeness, Recordings or the License and Rights as authorized herein, in each case including, without limitation, any claims of defamation, invasion of privacy, rights of publicity or copyright. I agree to indemnify the Company and Company Entities from and against all Claims resulting from any breach or alleged breach by me of my representations, warranties, covenants or agreements hereunder. In the event of a claim or controversy arising out of, from or in connection with this Agreement, the Casting Call or my involvement therein, I agree that my rights and remedies will be limited as set forth in the Terms and in no event will I be entitled to rescind or terminate the License and Rights granted herein to Company and the Company Entities, or to seek to enjoin or restrain the production, advertising, promotion or running of the Casting Call. 

I acknowledge and agree that: (i) I am an independent contractor, not an employee of Company or the Company Entities, and I will not be eligible for nor receive any employee benefits and (ii) my appearance in the Casting Call shall not be subject to any union, guild or collective bargaining agreement. I understand that I have no right receive any payments for or additional consideration or accounting in connection with Company’s or the Company Entities use of the Submission, Likeness, Recordings or the License and Rights. I acknowledge that no additional payments, royalties or consents of any party are required in connection with Company’s or the Company Entities use of my Submission, Likeness, Recordings or the License and Rights. The Submission and Recordings and the License and Rights shall be freely assignable by Company. I acknowledge and agree that Company or Company Entities may share and use the personal information I provide in my Submission and through my participation in the Casting Call as set forth in the Terms. I acknowledge and agree that any personal information I provide in my Submission and through my participation in the Casting Call may also be used by Authentic Brands Group, LLC and its licensees and their parents, subsidiaries, licensees, affiliated companies, agents, retailers, distributors, representatives, partners and subcontractors for marketing and commercial purposes. 

This Agreement shall be governed by, and construed in accordance with, the internal law of the State of New York, applicable to contracts entered into and to be fully performed therein, without giving effect to New York’s principles of conflicts of law. I EXPRESSLY AGREE THAT ALL DISPUTES BETWEEN COMPANY AND I WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE TERMS, AND I HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. This Agreement supersedes all prior agreements, oral and written, between Company and me with respect to the subject matter hereof, and may only be modified by a writing signed by Company and me. In the event that any part of this Agreement is deemed invalid, illegal, or unenforceable, all other terms, conditions, and provisions of this Agreement shall nevertheless remain in full force and effect.