Grafana Labs Event Speaker Release and Consent

Legal and Security › Grafana Labs Event Speaker Release and Consent

You acknowledge that Raintank, Inc. dba Grafana Labs (“Grafana Labs”) (and/or others on behalf of Grafana Labs) will be photographing, recording (both audio and video), webcasting and podcasting (“Reproducing” and/or “Reproduce”, “Reproduced”, or “Reproduction(s)”, as applicable) venues, events or activities that occur at the Grafana Labs hosted event you will be attending (the “Event”). This includes but is not limited to keynotes, breakout sessions, technical sessions, hosted events, and other activities. By agreeing to this Personal Release and Consent and attending the Event:

  1. You agree that your image, likeness, voice, statements and other identifying characteristics (your “Personal Image”) and to the extent applicable, the logo, trademarks and/or other distinguishing characteristics or trade dress of your employer (“Marks”) displayed by you or incorporated into your presentations during the Event may be Reproduced, and you consent to the use of your Personal Image and the Marks in connection with the creation and use of the Reproductions by Grafana Labs.
  2. You agree that Grafana Labs may use, modify, publish, reproduce, prepare derivative works, distribute, publicly display, and archive any and all written, electronic, video, recorded, or graphical material that you present or submit in connection with the Event (collectively the “Presentation Materials”), in whole or in part, in all forms of media, including but not limited to, electronic rights.
  3. You irrevocably grant Grafana Labs and its agents, contractors, licensees and designees and their respective successors and assigns (the “Grafana Labs Parties”) a non-exclusive, worldwide, royalty-free and fully paid-up, perpetual license to use, reproduce, distribute, prepare derivative works of, translate, display, perform and otherwise exploit the Reproductions, the Presentation Materials and your Personal Image and the Marks therein, in whole or in part, in any and all media formats and through any and all media channels, in any manner and for any lawful purpose.
  4. You waive any right you may have to inspect and/or approve the use of the Reproductions, and you agree that Grafana Labs is not obligated to make any use of your Personal Image or the Marks or exercise any of the rights granted to it.
  5. You understand that your Personal Image and the Marks may appear in Reproductions made available to you, other attendees, or the public, and that third-parties may retain and distribute those Reproductions.
  6. You agree that Grafana Labs exclusively owns all rights (including without limitation, intellectual property rights) in the Reproductions and all results and proceeds derived from the use of the Reproductions and your Personal Image and the Marks therein, and that you shall be entitled to no proceeds or compensation, and no portion of such proceeds or compensation will be shared with you or any other party. You retain ownership of the Presentation Materials; however, Grafana Labs shall retain all intellectual property rights in any resulting media that utilizes or references the Presentation Materials. Except for the licenses and rights described in this agreement, neither you nor Grafana Labs will acquire any other right, title, or interest in any copyright, patent, trade secret, trademark, or any other intellectual property or proprietary rights belonging to the other party or any third party.
  7. You waive and release any and all rights of privacy and publicity, and any and all claims to compensation or damages or of violation of intellectual property rights, in connection with the use of the Reproductions and your Personal Image and the Marks therein and/or any advertising or publicity relating thereto.
  8. You represent and warrant that: (a) the Presentation Materials are original to you; (b) the Presentation Materials do not infringe any third party’s intellectual property rights and do not contain any material that is obscene, defamatory or libelous; (c) you have secured written permission to use the Marks any third-party materials appearing in the Presentation Materials; and (d) you have the legal authority to enter into this Speaker Release and Consent.
  9. You agree to indemnify, defend and hold harmless Grafana Labs, its officers, directors, members, affiliates, successors and assigns (the “Indemnitees”), for any and all costs which arise out of any claim against them regarding any third-party rights that the Indemnitees are alleged to violate if such alleged violation resulted from the Indemnitees’ use of the Marks, Presentation Materials or a breach by you of any representation or warranty contained in this Speaker Release and Consent.

This Speaker Release and Consent shall be interpreted according to the laws of the state of New York, without reference to rules regarding conflict of laws. The parties agree that this agreement contains the entire understanding between the parties concerning the subject matter hereof. IF ANY DISPUTE RELATING TO THIS AGREEMENT IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THEN THE PARTIES AGREE THAT THE CONTROVERSY OR CLAIM, INCLUDING THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL THEN BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (THE “JAMS RULES”, AVAILABLE AT WWW.JAMSADR.COM). ALL PROCEEDINGS SHALL BE CONDUCTED IN THE CITY OF NEW YORK, NEW YORK.