I certify under penalty of perjury of the laws of the United States that I am a customer and user (“Customer”) of the smile enhancement services (“Services”) offered by SmileDirectClub, LLC, a Tennessee limited liability company (“SmileDirectClub”), and I hereby provide this customer testimonial declaration and release (“Release”) to SmileDirectClub in my capacity as its Customer.
For good and valuable consideration, receipt of which is hereby acknowledged, I irrevocably grant to SmileDirectClub and its licensees and assigns the perpetual, worldwide and absolute right to display, reproduce, publish, perform, exhibit, distribute, transmit, post, broadcast, sublicense, sell, transfer or otherwise make any commercial or non commercial use of my full name, face, image (whether in still life or in video, or three dimensional representation), picture, voice, likeness and biographical information (collectively, my “Persona”), in connection with my statements and opinions about SmileDirectClub and its Services (including, without limitation, the Claim(s) (defined below) or otherwise provided by me) (collectively, “Opinions and Statements”) in whole, in part or with or in connection with other materials for advertising, publicity and any other legal purpose, in perpetuity, throughout the world, in any and all media, whether now known or hereafter developed, including, without limitation, on the internet, without additional consideration, review or approval and to create derivative works based on my Persona, Opinions and Statements. I also grant SmileDirectClub the right to state expressly or imply endorsements of SmileDirectClub and/or the Services through the use of my Persona, Opinions and Statements. Except as prohibited by applicable law, I hereby waive any moral rights (including attribution and integrity) that I may have in any Persona, Opinions and Statements. To the extent not waivable, I irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
I hereby affirm, in my capacity as a Customer, that my Opinions and Statements are a true and accurate reflection of my opinions about SmileDirectClub and its Services based on my own actual personal experience and, to the extent my Claims indicate that I use the Services, I hereby affirm that I am a bona-fide user of same, and to the best of my knowledge, my experiences as a Customer are typical and I have not received any special treatment or consideration. I am at least the age of majority in my state of residence and have the full right to enter into this Release and grant the rights set forth in this Release. I have the authority to grant the rights herein granted, and no consent of another party is necessary for SmileDirectClub to exercise the rights granted herein. I acknowledge that SmileDirectClub is not required or obligated to use my Persona, Opinions and Statements in any manner or to attribute any of them to me. I agree to immediately notify SmileDirectClub in writing if there is any change in my Persona, Opinions or Statements, including, without limitation, if I cease to support or subscribe to the Claim(s) or, as applicable, cease to be a bona fide user of the SmileDirectClub Services.
I hereby irrevocably release and discharge and agree to indemnify and hold SmileDirectClub and its agents, representatives, employees, officers, directors and members, and each of their respective licensees, successors and assigns (collectively, “Released Parties”) harmless from and against any and all claims, demands, actions, damages, liabilities, losses, costs and expenses arising out of or in connection with: (i) SmileDirectClub’s use of my Persona, Opinions and Statements, including, without limitation, any claims for personal injury, wrongful death, property damage, emotional distress, defamation, intellectual property infringement, false light, false endorsement and/or breach of the rights of privacy or publicity; and/or (ii) any breach or anticipated breach by me of any provision hereof. I further agree and covenant not to sue or bring any other proceeding against any Released Party based upon or relating to SmileDirectClub’s or other Released Party’s use of my Persona, Opinions and Statements, including, without limitation, any claim for violation of my right of publicity, privacy, moral right, defamation or interference with contract. I understand that the Released Parties are relying on this Release by me at great expense and agree any breach or anticipatory breach will result in irrevocable harm for which monetary damages alone will be insufficient and they are accordingly entitled to injunctive or equitable relief without obligation to post bond or surety. I hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief. I hereby waive any right that I may have to inspect and/or approve the use of my Persona, Opinions and Statements.
This Release shall be binding upon, and shall inure to the benefit of, my heirs, executors, administrators, successors and assigns. I hereby certify and represent that I have read the foregoing, fully understand the meaning and effect thereof and am agreeing to this voluntarily. I acknowledge that this Release constitutes the entire understanding of the parties regarding my Opinions, Statements and the Claims, and supersedes all prior or contemporaneous understandings of the parties regarding that same subject matter, and that any modifications or amendments hereto must be in writing signed by the parties. A fax or photocopy of this document shall be deemed an original for all purposes.