RELEASE, WAIVER AND INDEMNITY

This release, waiver and indemnity (this “Release”) is made to grant the Board of Trustees of the University of Arkansas, acting on behalf of the University of Arkansas Department of Athletics (“Arkansas Razorbacks”) and the other Arkansas Athletics entities (as defined below) the right to use a photographic image of myself or my child(ren) or ward(s) (collectively, “Minor(s)”) and/or other featured individuals (together with me and Minor(s), “Featured Individuals”) (the “Image(s)”) for the purposes of reproducing, altering, printing and placing the Image(s) in seats at Arkansas Razorbacks Stadium such that the Image(s) is/are visible to those at the Stadium and the audience viewing Games (as defined below) at the Ballpark via television or other media (the “Fan Cut Outs”). I am giving this Release in consideration for the Arkansas Athletics Entities allowing me and/or other Featured Individuals to participate in the Arkansas Razorbacks Fan Cutouts (the “Program”), and the possibility of the Image(s) appearing in a visual production(s) (collectively, “Production”).

I hereby expressly grant the Arkansas Athletics Entities the right to use the Image(s) and the Fan Cut Outs, including Featured Individuals’ Personal Information (as defined below) I have submitted to the Arkansas Athletics Entities and images, likeness, and appearance as they appear in the Fan Cut Outs, in connection with the Program or other games (“Games”) broadcasts, rebroadcasts, programming or commercials, stadium features, internet commercials and/or other media (collectively, the “Media”) now known or hereafter created for the purpose of displaying Games or clips thereof and advertising, marketing and/or promoting the Arkansas Razorbacks, Games or the Stadium. I also grant the Arkansas Athletics Entities the right to include in the Production, separate and apart from the Image(s), Personal Information of each of the Featured Individuals that I am voluntary submitting to the Arkansas Athletics Entities (the “Submitted Information”). I hereby assign to the Arkansas Athletics Entities all worldwide right, title and interest in or to the Image(s) that I am voluntarily submitting to the Arkansas Athletics Entities and/or that are captured through technology provided to me by the Arkansas Athletics Entities, including, but not limited to, all trademarks, copyrights and other intellectual property rights in and to the Image(s) and the likeness, image, name, biographical information and/or other attributes (collectively, “Personal Information”) of the Featured Individuals (collectively, “Image Rights”). I further agree that the rights granted hereunder shall include the right of the Arkansas Athletics Entities to depict, telecast, cablecast, publish, distribute, record, digitize, modify, alter, edit, adapt, create derivative works, display, publicly perform, exhibit, transmit, broadcast, rerun, reproduce, sell, rent, license, otherwise use, or otherwise exploit the Image(s), Fan Cut Outs and Submitted Information in perpetuity in any Production in any medium currently existing and hereafter developed (including, without limitation, to incorporate the Image(s) and/or any derivative works into broadcasts of Games or clips of Games distributed via television, YouTube and/or other -related social media platforms (“Social Media Platforms”), subject to the applicable Social Media Platform’s terms of service and privacy policy), on the internet and other digital transmission or delivery methods and non-broadcast/industrial uses in whole or in part, for commercial purposes, exploitation, the purpose of trade, promotion, advertising, public relations, publicity, packaging, and/or otherwise without notification or payment of any compensation to me or the other Featured Individuals, or our heirs, legal representatives, successors and assigns or approval rights for the use of the Image(s) or Submitted Information, except where prohibited by law. Nothing herein shall constitute any obligation by the Arkansas Razorbacks Athletics or the other Arkansas Athletics Entities to make use of the Image(s).

I certify, represent and warrant that (a) I am the exclusive owner of all Image Rights or have authorization from all rights holders, with the right to edit and modify such Image(s) in my discretion, (b) I have the express permission of all Featured Individuals other than Minor(s) to submit the Image(s) and Submitted Information to the Arkansas Athletics Entities and agree to this Release on their behalf, and I am the legal guardian of the Minors, have the legal authority to submit the Image(s) and Submitted Information of the Minor(s) to the Arkansas Athletics Entities and agree to this Release on their behalf, (c) the use of the Image(s) and Submitted Information does not require further approval from me or approval by any third party to be used in connection with the Program, any Production or in any Media for the purposes described in this Release, (d) the Arkansas Athletics Entities shall be without liability to me, the other Featured Individuals or our heirs or personal representatives for any distortion or illusionary effect resulting from the exhibition, publication, or other use of the rights granted herein, and (e) I am 18 years or older and this Release does not conflict with any existing commitments on my part.

I hereby (i) expressly release, discharge and waive all claims, demands, losses and liabilities of any nature which may arise from or relate to, and (ii) covenant not to make any claims against the Arkansas Athletics Entities and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies, and each of their respective officers, directors, employees and agents (collectively, the “Released Parties”) as a result of, the exploitation of the rights granted hereunder or dissemination or use of the Image(s), the Fan Cut Outs, the Submitted Information or their use in any Production or Media. “Arkansas Athletics Entities” shall mean the Southeastern Conference, the National Collegiate Athletic Association, and the Board of Trustees of the University of Arkansas, as well as any of their other and such entities’ respective past, present and future affiliates, owners, general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, contractors, vendors, licensees, sponsors, advertisers, and broadcast partners (each, an “Arkansas Athletics Entity”). Additionally, I hereby agree that I will indemnify and hold harmless the Released Parties and their respective agents (collectively, the “Indemnified Parties”) from, and, if requested, shall defend them, without cost to the Indemnified Parties, against any and all third party claims (including all reasonable attorneys’ fees, costs and interest), with respect to injury of any and every nature whatsoever and in any manner arising directly or indirectly out of my submission of the Image(s) and the Submitted Information, my certifications, representations and warranties herein, and the use of the Image(s), Fan Cut Outs and Submitted Information by the Arkansas Athletics Entities and their display in any Production or Media.

.  The governing law, place of execution, and exclusive jurisdiction and venue for this Release shall be the State of Arkansas.  All matters relating to the validity, construction, interpretation and enforcement of this Release, as well as all related defenses, counter claims and cross claims, shall be determined in Arkansas and pursuant to its laws.  All claims for damages against the Arkansas Razorbacks and their trustees, officials, employees and agents shall only be submitted to the Arkansas State Claims Commission.  Nothing contained in this Agreement shall be deemed, construed, or operate as a waiver of any immunities to suit available to the Arkansas Razorbacks and/or its trustees, officials, employees and agents (in both their official and individual capacities).