Testimonial Consent and Release
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Client grants permission to Peanut Media, referred to herein as “Company”, to publish and publicize testimonials, statements, and comments made about Client’s experience as a client of Company.
Client understands that this information, including name, will be used in media relations, advertising, marketing, and other communication strategies to internal and external audiences.
Client understand that this release includes, but is not limited to, statements, comments, and testimonials provided directly to the Company.
Client agrees to hold harmless, release, and forever discharge Company from all claims, demands, and causes of action which Client, Client’s heirs, Client’s representatives, Client’s executors, Client’s administrators or any other persons acting on behalf of Client or Client’s estate have or may have by reason of this Release.
In addition, Client waives any right to inspect or approve the finished product, including written copy, in which Client’s testimonial appears.
This Release may be amended at any time and from time to time, but any amendment must be in writing and signed by each Party.
If any term, provision, covenant, or condition of this Release is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Release shall remain in full force and effect and shall in no way be affected or invalidated.
Any notices required or permitted to be given hereunder shall be given via email to email@example.com. Any notice shall be effective upon delivery.
IV. Entire Agreement
This Release, including all Exhibits, Appendices, and Attachments, contains the entire agreement of the Parties relating to the rights granted and obligations assumed in this Release. Any oral representations or modifications concerning this Release shall be of no force or effect unless contained in a subsequent written modification signed by the party to be charged.
V. Counterparts and Facsimile
For the convenience of the Parties, this Release may be executed in any number of separate counterparts, each such counterpart being deemed to be an original instrument, and all such counterparts will together constitute the same agreement. Executed signature pages to this Release may be delivered by facsimile and such facsimiles will be deemed as sufficient as if actual signature pages had been delivered.
VI. Dispute Resolution
If any dispute arises out of or related to a claimed breach of this Release or any other disagreement of any nature, type or description regardless of the facts of the legal theories which may be involved, such dispute shall be resolved by binding arbitration by a single arbitrator in the State of Arizona. If Company is deemed the successful party to the dispute, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled. The parties agree to waive their right to a jury trial. Parties further agree that prior to arbitration, both Parties will make a good faith effort to resolve the dispute without the necessity of outside intervention. Client further agrees that in order to be considered “a good faith effort,” Client must give Company written notice of any dispute regarding this Release within ten (10) days from the date Company publishes, advertises, or markets any comments or testimonials made by Client.
Venue and Applicable Law
This Release shall be governed, construed, and interpreted in accordance with the laws of the State of Arizona. Both Parties agree to submit to the jurisdiction of and venue in the State of Arizona. Should any claim or controversy arise between the Parties under the terms of this Release, such a claim or controversy shall be resolved only in the State of Arizona.