Nainoo Pty Ltd trading as Palm Cove Vision
Media Talent Release - Terms and Conditions

Agreements and Acknowledgements - The subject (or subject’s parent/guardian) agrees and acknowledges that:

  1. Nainoo Pty Ltd may record the subjects image and voice, or photograph the subject for use in promotional material
  2. Nainoo Pty Ltd may incorporate any recorded image or sound, or photograph made by Nainoo Pty Ltd of the subject
  3. Nainoo Pty Ltd may use the subject’s name or any other personal reference in the promotional material
  4. Nainoo Pty Ltd may alter, adapt, utilise and exploit the recorded images and voice, or photographs in any way it sees fit
  5. The subject (or subject’s parent/guardian) will not have any interest in the promotional material, in the copyright or any other right in the promotional material and, to the extent permissible by law, the subject (or subject’s parents) waives and/or assigns to Nainoo Pty Ltd all such rights

Release - The subject (or subject’s parent/guardian) agrees and acknowledges that the subject participates in the promotional campaign (or any event in which promotional recording or photography was taken) at their own risk and releases Nainoo Pty Ltd and its employees, Venue Coordinators or other related stakeholders from any action, proceeding, suit, claim or demand which the subject (or subject’s parent/guardian) has, or may have, connected with, or incidental to:

  1. The subject’s participation in the promotional campaign (if applicable)
  2. The subject’s participation in any event in which promotional recording (image and voice) or photography was taken
  3. The provision by Nainoo Pty Ltd or any other person of any goods and/or services
  4. Any matter or thing referred to in this release

Covenants and Warranties - The subject (or subject’s parent/guardian) covenants and warrants to Nainoo Pty Ltd that they are the subject, or the parent / guardian of the subject and if the subject is a child that:

  1. The parent / guardian is fully authorised to enter into this agreement on his / her own behalf and for and on the behalf of the subject
  2. This agreement is a valid agreement and is binding upon the parent/guardian and the subject
  3. The subject is under the age of 18
  4. No other person is required to authorise or consent to the execution of this agreement on behalf of the child

Indemnity - In consideration of Nainoo Pty Ltd considering the subject for inclusion in promotional material, the subject (or subject’s parent/guardian) indemnifies and holds Nainoo Pty Ltd and its employees, Venue Coordinators or other related stakeholders harmless and keeps each of them indemnified from and against any such action, proceeding, suit, claim or demand made against any of the indemnified persons arising from or in consequence of:

  1. The subject’s participation in the promotional campaign (if applicable)
  2. The subject’s participation in any event in which promotional recording (image and voice) or photography was taken
  3. Any claim by the subject (or subject’s parent/guardian) or any other person against any of the released persons which relates to the release given by the subject (or subject’s parent/guardian) in clause 2
  4. Any breach of the covenants and warranties contained in clause 3
  5. Any of the covenants and warranties in clause 3 not being complete, true and correct and from and against any direct, indirect, consequential or special damage, loss, cost or expense (including legal expenses as between solicitor and client) suffered or incurred by any of the Indemnified Persons and a consequence thereof

Moral Rights - The subject (or subject’s parent/guardian as the legal administrator of the child’s affairs):

  1. Consents to any work created by the child in the course of participating in the promotional campaign (or any event in which promotional recording or photography was taken) being changed, copied, edited, added to, taken from, adapted and /pr translated, in any manner or context by Nainoo Pty Ltd, and any person authorised to do so by Nainoo Pty Ltd, for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the work within the meaning of the Copyrights Act, 1968
  2. Acknowledges that the consent in paragraph above is genuinely given and is not given because any person:
    1. Applied duress to the subject (or any representative of the subject) to give that consent
    2. Made a false and misleading statement to the subject (or subjects parent / guardian) in relation to the giving of that consent

General

  1. Waiver – Any failure or delay on the part of Nainoo Pty Ltd in insisting upon strict performance by the subject (or subjects parent / guardian) of any provision of this agreement will not be taken to be a waiver of such provision or of any rights of Nainoo Pty Ltd and shall not be taken to be a waiver of the same provisions on any subsequent occasion
  2. Assignment – Nainoo Pty Ltd may assign any or all of the rights or obligations of the agreement to any other person without the subject’s (or subject’s parent / guardian) consent. The subject (or subject’s parent / guardian) may not assign any of the rights or obligations of this agreement to any other person in any circumstance
  3. Governing Law – This agreement will be governed by and construed in accordance with the laws of Queensland and the subject (or subject’s parent / guardian) unreservedly submits to the jurisdiction of the Courts of that State and all Courts competent to hear appeals from those Courts
  4. Assigns – Any reference to any party in this agreement includes a reference to that party’s successors and assigns