General Terms & Conditions
By agreeing to sponsor “Shaka, the Power of Aloha” (Project), you (Sponsor) agree to all terms as noted as well as release, hold harmless and indemnification of Bizgenics and their employees, officers, sponsors, volunteers, affiliates, agents, designates, or representatives (Associates) from and against any and all liability whatsoever for any injuries, losses, harm, damage (including but not limited to property damage, personal injury and/or death), claims, actions, costs and expenses (including without limitation, all attorneys’ fees and court costs) arising directly or indirectly from or in connection with any activity resulting from participation in this Project.
RELEASE: Sponsor’s submission of any person’s name, image, voice, and likeness for acknowledgment, including in credits for the Project, will constitute and signify the Acknowledged Person’s agreement and consent (or the Acknowledged Person’s parent or legal guardian, if the Acknowledged Person is an eligible minor under applicable law) that Bizgenics and/or Bizgenics’ assignees may use the Acknowledged Person’s name, image, voice, and likeness in credits for the Project as part of the Project’s release, and for promotional purposes in commerce, or any other purpose that Bizgenics and/or Bizgenics’ assignees in their sole discretion may determine and in all media worldwide now known or hereinafter developed without time limitation and without further compensation, except where prohibited.
OWNERSHIP: Bizgenics shall have complete ownership of copyrightable work (Content) such as videos or images for acknowledgement purposes that is submitted by Sponsors, including copyright interests, and Sponsors acknowledge they have no interest or ownership in Content or its copyright. Bizgenics has the right to broadcast, exhibit, market, sell and otherwise distribute Content as part of the Project’s release, for promotional purposes in commerce, or any other purpose that Bizgenics and/or Bizgenics’ assignees in their sole discretion may determine and in all media worldwide now known or hereinafter developed without time limitation and without further compensation, except where prohibited.
HOLD HARMLESS & INDEMNIFICATION: Sponsors agree to remain legally responsible for any and all personal actions taken by their employees along with group members, friends, family and others associated with their organization. Sponsors agree on behalf of themselves and their associates to hold harmless and defend Bizgenics and their Associates from any and all claims known and unknown, including direct, indirect, incidental, consequential, or punitive damages, arising out of or in any way connected with the Project or in connection with any illness or injury or cost of medical treatment in connection therewith, and agree to compensate Bizgenics and their Associates reasonable attorney’s fees and expenses arising in connection therewith. Sponsors herein confirm that each has respective rights to enter into this Agreement, and that each is not restricted by Bizgenics and their Associates from any and all claims known and unknown arising out of or in any way connected with the above granted uses and representations.
GOVERNANCE: This Agreement is governed by, and will be construed in accordance with, the laws of the State of Hawai’i despite any conflict of legal principles and rules to the contrary. If a dispute or claim as between the parties arises, the parties will exercise reasonable efforts to resolve same in an amiable, efficient and effective manner before resorting to legal intervention. However, if such a resolution is not reached in a fair and timely manner, a party may bring legal action against the other party for claims under this Agreement, in which event each party to this Agreement will submit exclusively to the general and personal jurisdiction of the courts of competent jurisdiction, state and federal, situated in Honolulu, Hawai’i and no other venue unless Bizgenics expressly consents to a different venue.
SEVERABILITY: If any part of these terms are deemed unenforceable, the balance of terms shall remain effective and the unenforceable term(s) may be reformed to become an enforceable part of terms.
ENTIRETY: The terms of this Agreement govern “Shaka, the Power of Aloha” project and shall take precedence over any other terms that are contrary to these terms. Any prior or contemporaneous representations, understandings or contrary agreements of the parties with respect to this subject matter are superseded by this Agreement.
NOTICES: Notices to Bizgenics shall be given in writing or acknowledged as received electronically or delivered to Bizgenics at 1012B 18th Ave Honolulu, Hawai’i 96816.