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COOKING LIGHT DIET PROGRAM
In consideration of my participation in a diet program (the “Program”), and for other good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I (as named above) agree to this Cooking Light Diet Program Participant Agreement (hereinafter referred to as “Agreement”) as follows:
IMPORTANT HEALTH INFORMATION: I understand that it is my sole responsibility to consult with my physician before starting any weight loss plan and represent to Cooking Light that I have consulted with my physician concerning my participation in the Program. I affirm and represent to Cooking Light that I am a healthy adult , I do not have a physical, medical, or psychiatric condition, illness, or disorder, I am not pregnant, I am not breast-feeding a child, and I and my physician know of no reason why I should not participate in the Program. I understand that any weight loss program may cause physical changes and that rapid weight loss may cause serious medical problems. Should I become aware of any change in my health or should I become pregnant during my participation in the Program, I will immediately contact my physician and notify, Cooking Light in writing. (Contact: firstname.lastname@example.org). I understand that in such event Cooking Light reserves the right to discontinue my participation in the Program. I also acknowledge that Cooking Light has recommended that I seek periodic medical check ups during my participation in the Program. I represent that any information provided by me to Cooking Light in the course of my participation in the Program is accurate and complete.
I am fully aware that there are risks inherent in my participation in the Program, and I freely and voluntarily assume all risks, including all risks to my health, medical condition, and all risks of loss, damage, accident, injury, illness and death that may be sustained by me in connection with my participation in the Program and/or the publication or broadcast of photos, videos, writings, interviews, testimonies, and information about me by Cooking Light. I also understand that there are many factors that can affect weight loss and there is no guarantee that I will lose weight by participating in the Program. I UNDERSTAND THAT ALL PRODUCTS AND MATERIALS PROVIDED TO ME IN CONNECTION WITH THE PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND THAT COOKING LIGHT DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
I hereby release Cooking Light,from and against any and all claims and causes of action or liability for any personal injury, illness, death, damage or property loss relating to or resulting from my participation in the Program. I further release the Cooking Light from and against any and all claims and causes of action, including, without limitation, for defamation, violation of rights of privacy or publicity, copyright infringement, relating to my participation in the Program and/or the publication or broadcast of photos, videos, writings, interviews, testimonies, and information about me by Cooking Light.
I hereby grant permission to COOKING LIGHT, a division of Time Inc. Lifestyle Group (“Cooking Light”) and its parent, affiliates, and their respective officers, directors, employees, agents, representatives, licensees, successors and assigns (all collectively referred to in this Agreement as “Cooking Light”), without further compensation and in perpetuity, to photograph, film, videotape, record, reproduce, portray, use, revise, publish, broadcast, display, print, and distribute, in any media, my name, voice, photograph(s) and video(s) of me, biographical, personal, and health information about me, any writings, statements or testimonies by me, interviews with me, in whole or in part, edited or altered, for editorial, promotional, commercial and/or other purposes in connection with the Program in any and all media now known or hereafter invented.
I affirm that all information, statements and photos that I supply to Cooking Light are and will be true, accurate, and complete. I understand and agree that I do not have a right to review or approve any photos, videos, writings, statements, interviews, testimonies, or information about me published or otherwise used by Cooking Light. I agree that I am supplying all photos, videos, recordings, writings, statements, interviews, and testimonies to Cooking Light as a “work for hire” for Cooking Light. If for any reason any or all of the material supplied by me to Cooking Light are deemed not to be a “work for hire” then I irrevocably assign all right, title and interest to such materials to Cooking Light in perpetuity. Cooking Light will own the copyright in all photos, videos, recordings, writings, statements, testimonies, and interviews that I supply, and will also have the right to license, assign, and transfer such copyright to others.
I agree that I will hold in strict confidence, and will not, directly or indirectly, copy, reproduce, use, publish, disseminate, misuse, misappropriate, sell, assign, or otherwise transfer or disclose to any person, at any time during this Agreement or after its expiration or termination, any information that comes into my possession relating to a weight loss program disclosed to me by Cooking Light (collectively, “Confidential Information”), except to the extent that disclosure to my physicians is required (1) for me to seek and obtain medical advice or (2) by applicable law; provided, however, that Confidential Information shall not include information which: (i) is or becomes generally available or known to the public, other than a result of any disclosure by me in violation hereof; or (ii) is or becomes available to me on a nonconfidential basis from any source other than, other than any such source that is prohibited by a legal, contractual, or fiduciary obligation to Cooking Light from disclosing such information. Upon request of Cooking Light, I will return to Cooking Light all written and descriptive content and material, in any and all forms and media, which contain any such Confidential Information. I agree and acknowledge that irreparable damage would occur if I disclose or threaten to disclose Confidential Information in breach of the confidentiality restrictions in this Agreement. Accordingly, I agree that Cooking Light shall be entitled to an injunction to prevent or restrain such breach and to enforce specifically the terms and provisions of the confidentiality restrictions. Nothing in this Agreement shall be construed as prohibiting Cooking Light from pursuing any other remedies for such breach or threatened breach.
This Agreement shall be construed in accordance with the laws of the State of New York without regard for its conflicts of laws principles, and is intended to be interpreted as broadly as possible.