By replying to our direct message with #CurvesYes or by otherwise directly indicating your consent such as through checking a box or by posting a photo to our page in response to a request to do so, you accept, without limitation or qualification, the following terms and conditions of use (“Terms and Conditions”), which form a legally binding agreement (the “Agreement”). For good and valuable consideration, you agree as follows.
You hereby grant to Cures NA Inc., including its affiliates, parent, subsidiaries, franchisees, licensees, successors, and assigns (hereinafter “Curves”) to the fullest extent permitted by applicable law, the perpetual, absolute right and permission to use in perpetuity your name, likeness, photograph(s), video or film footage, social media post, biography, testimonial, or voice recordings, taken of you by Curves or submitted or shared by you to Curves (together “Content”) either alone or accompanied by other material, in any manner and in any media, throughout the world, at any time, for the purpose of advertising and publicizing Curves products or services and for any other lawful purpose. You waive all rights to inspect and approve the finished product, its use or such written or spoken copy as may be used in connection therewith. You acknowledge that any pictures, statements, or voice or film recordings taken of you by Curves and any pictures, statements, social media posts, or film or audio footage submitted or shared by you shall be and remain the sole property of Curves. By approving the use of the Content, you authorize Curves to make copies thereof and retain such Content and copies as Curves deems necessary to facilitate the use of the Content. If you receive any print, negative, or other copy thereof, you shall not authorize its commercial use by anyone else. Nothing in this Agreement will constitute any obligation on the part of Curves to make any use of any of the rights granted by you under this Agreement.
You represent and warrant that: (i) you are at least 18 years old or the age of majority, whichever is older, in your state of residence, as is everyone else appearing in the Content; (ii) you are of sound mind; (iii) you have full right and authority to enter into this agreement; (iv) neither the Content, nor the use of the Content as permitted in these Terms and Conditions, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any laws. You further represent and warrant that: (v) you own or have obtained all necessary rights and permissions to grant the rights to Curves, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the Content, and no payment of any kind is due to any third party for the use of the Content; (vi) this Agreement does not in any way conflict with any existing commitment; (vii) you will not authorize or permit the use of your name, voice, photograph, social media post, and/or likeness or testimonial in connection with the advertising or promotion of any product or service competitive to or incompatible with Curves’ products or services for one year after the date of this Agreement. You further represent and warrant that: (viii) any weight loss claims, if any, made by you, resulting from your participation in a Curves program, are current, true and accurate; and (viii) you have successfully participated in the Curves programs, contribute any such claimed weight loss to your participation in the Curves program and endorse the Curves program you participated in.
You agree to the foregoing without receipt, demand, expectation or legal right to any compensation.
You acknowledge that you are an independent contractor of Curves, and are not an employee or agent for any purpose.
You release Curves and all other persons/entities involved in the use, production, exhibition, or distribution of the Content, in accordance with the terms hereof, from any and all claims, damages, liabilities, costs, expenses and causes of action for any violation of any personal and proprietary right you may have in connection with the content, distribution or other use of the content, including without limitation any claims or causes of action with respect to invasion of privacy, trespass, right to publicity, and defamation, including what might be deemed to be misrepresentation of you, your character, or your person due to distortion, optical illusion, or faulty reproduction that may occur in the finished product.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT YOU ARE GIVING UP RIGHTS, INCLUDING YOUR RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING THIS RELEASE FREELY AND VOLUNTARILY AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
You hereby agree to defend, indemnify and hold Curves and their respective officers, directors, managers, members, employees, agents, representatives, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind, and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of (i) Curves’ use of the Content, (ii) your breach or alleged breach of these Terms and Conditions, including any of your warranties, representations or agreements hereunder, (iii) your violation of laws, or (iv) your violation of any rights of another person or entity.
If you believe that our work has been copied in a way that constitutes copyright infringement, you should notify Curves of your copyright infringement claim in accordance with the following procedure. Curves will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to [email protected] or if by mail, Curves NA, Inc., Attn. Legal Department, 400 Schroeder Drive, Waco, TX 76710. To be effective, the notification must be in writing and contain the following information:
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Curves actual knowledge of facts or circumstances from which infringing material or acts are evident.
These Terms and Conditions and any related claim or dispute, whether in contract, tort or otherwise, shall be governed by the laws in effect in the State of Texas, without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees to the exclusive jurisdiction of the Texas state or federal courts, as applicable, located in McLennan County.
EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT.
In the event that any provision of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable in any jurisdiction, such provision shall be revised solely to the extent necessary to render such provision valid, legal and enforceable, and without invalidating or affecting the remaining provisions hereof. Nothing contained herein shall deem or construe you and Curves to be partners, joint venturers, principal-agent or employer-employee, and no party shall have any authority to obligate or bind the other whatsoever.
These Terms and Conditions represent the entire agreement between you and Curves with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written. No modifications, amendments or waivers will be effective unless in writing and signed by both you and Curves.