For good and sufficient consideration, receipt of which is hereby acknowledged, the Minor and the Parent named above acknowledge and agree as follows.
1. Access to Website(s) and Submission of Content. Minor wishes to (i) access and use the websites and social medial operated by Butterfly Fish Productions (“Butterfly Fish”), and (ii) submit his or her original content to Lucido for posting by Butterfly Fish to various websites and social media, whether operated by Lucido and/or by third parties (“Digital Uses”). All such content submitted by the Minor or the Parent to Butterfly Fish is referred as the “Content.”
2. License. Minor grants Butterfly Fish a non-exclusive, irrevocable and royalty-free license to adapt, edit and generally use the Content, alone and/or in conjunction with other content, for any and all Digital Uses and to use the Minor’s name, image and biographical data as provided by the Minor to Butterfly Fish in connection with the Digital Uses.
3. Release. Minor releases and waives all claims that Minor may be entitled to assert by reason of the Digital Uses of the Content with the sole exception of any rights that are revocable and/or any claims that are not waivable under applicable law.
5. Consent of Parent. The Parent is the parent or duly-appointed guardian of the Minor. The Parent has read and understood, and hereby ratifies and approves, all of the terms and conditions of this License and Release.
6. Obligations of Parent. The Parent, acting on behalf of himself or herself and on behalf of the Minor, hereby acknowledges and agrees as follows: (i) the Parent will cause the Minor to fully perform all obligations of the Minor under this License and Release, (ii) both the Parent and the Minor will be bound by all terms and conditions of this License and (iii) the Parent will generally cooperate with Lucido in order to give full force and effect to this License and Release.
7. Court Approval. If requested by Butterfly Fish, the Parent shall cooperate with Lucido in obtaining court approval of this License and Release as provided for in California Family Code Section 6751. Parent acknowledges that Section 6751 provides that a contract entered into by a minor such as this License and Release cannot be disaffirmed during or after the minority of such person if it is approved by the Superior Court in which said minor resides.
8. Assurances. (i) The Minor and the Parent represent and warrant to Butterfly Fish that the Content is the original work of the Minor and the Digital Uses authorized under this License and Release will not expose Butterfly Fish and/or any of its licensees, successors and assigns to claims based on the breach, infringement, and/or invasion of the rights of any third parties. (ii) The Parent represents and warrants to Butterfly Fish that the Parent is duly authorized to sign and enter into this License and Release on behalf of both the Parent and Minor, and acknowledges that Butterfly Fish is relying on the Parent’s ratification, approval and agreement to be bound by receiving and using the Content. The Parent is submitting to Butterfly Fish, concurrently with the submission of this License and Release, documentary evidence of the fact that the Parent is the parent and/or legal guardian of the Minor.
9. This License and Release shall inure to the benefit of Butterfly Fish and its licensees, successors and assigns.