Please find set forth below the mandatory terms, conditions, representations, and submission fields to be incorporated directly into the Texas Panhandle Nurse Honor Guard (“TPNHG”) website portal. This language is designed to govern digital submissions of photographic and audiovisual materials honoring both living and deceased individuals, securing full releases, perpetual licenses, express assumption of risk, complete indemnification, and copyright assignment pursuant to Texas jurisprudence.
ONLINE SUBMISSION AND CONSENT FORM SPECIFICATION
1. Identification and Representative Capacity
• Name of Honoree (Living or Deceased): [Mandatory Single-line Text Field]
• Date of Service / Honor Guard Recognition: [Mandatory Date Selection Field] • Location of Service: [Mandatory Single-line Text Field]
• Full Legal Name of Submitter / Releasor: [Mandatory Single-line Text Field] • Relationship to Honoree: [Mandatory Dropdown / Selection (Self [if living] / Legal Representative / Surviving Spouse / Primary Next-of-Kin)]
By submitting an image or media file, the undersigned (“Releasor”) represents and warrants that Releasor is the Honoree, or the legal representative, surviving spouse, or primary next-of-kin of the Honoree named above, possessing full legal power and authority to act on behalf of the Honoree, the Honoree’s estate, and the Honoree’s heirs.
2. Grant of Permission and License
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Releasor hereby grants to the Texas Panhandle Nurse Honor Guard (“TPNHG”), its officers, members, volunteers, successors, and assigns, the irrevocable, perpetual, royalty-free, worldwide right and license to record, photograph, videotape, audio-record, reproduce, publish, edit, exhibit, and distribute images, likenesses, video recordings, audio recordings, and visual representations of the Honoree, the honor guard ceremony, all associated proceedings, and any submitted media materials (“Media Materials”).
This permission encompasses ANY AND ALL USES, including but not limited to:
• Educational presentations, training, and lectures
• Public relations, news releases, and media distributions
• Electronic publication via the Internet, websites, and social media platforms • Historical, promotional, and organizational archives
3. Waiver of Compensation and Inspection
Releasor expressly waives any right to inspect or approve the finished photographs, video recordings, audio tracks, or printed/digital materials wherein the likeness or depiction appears. Releasor further
waives any right to royalties, financial compensation, or other remuneration arising from or related to the use, licensing, or publication of the Media Materials.
4. Express Assumption of Risk and Release of Liability
RELEASOR HEREBY EXPRESSLY, KNOWINGLY, AND VOLUNTARILY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE TPNHG, ITS OFFICERS, DIRECTORS, MEMBERS, VOLUNTEERS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, OR EXPENSES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR RELATED TO THE TAKING, RECORDING, CREATING, EDITING, PUBLISHING, OR DISTRIBUTING OF THE MEDIA MATERIALS.
THIS RELEASE SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, CLAIMS BASED UPON COMMON-LAW OR STATUTORY INVASION OF PRIVACY, PUBLIC DISCLOSURE OF PRIVATE FACTS, INTRUSION UPON SECLUSION, APPROPRIATION OF NAME OR LIKENESS, INFRINGEMENT OF RIGHT OF PUBLICITY (INCLUDING TEX. PROP. CODE CH. 26), DEFAMATION, INTENTIONAL OR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, AND ANY CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
5. Indemnification and Hold Harmless
RELEASOR AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) INCURRED BY OR AWARDED AGAINST THE RELEASED PARTIES ARISING OUT OF OR RESULTING FROM ANY CLAIM, SUIT, OR PROCEEDING BROUGHT BY ANY THIRD PARTY, OTHER FAMILY MEMBER, HEIR, OR FUNERAL ATTENDEE ASSERTING PRIVACY, PUBLICITY, COPYRIGHT, OR EMOTIONAL DISTRESS CLAIMS RELATING TO THE MEDIA MATERIALS CAPTURED OR PUBLISHED PURSUANT TO THIS AGREEMENT.
6. Copyright Ownership and Assignment
Releasor acknowledges and agrees that all photographs, video recordings, audio recordings, and derivative works created by or for TPNHG shall remain the sole and exclusive property of TPNHG. To the extent Releasor holds any copyright interest in such materials or submitted images, Releasor hereby assigns all right, title, and interest therein to TPNHG.
7. Governing Law and Severability
This Agreement shall be construed and enforced in accordance with the laws of the State of Texas, without giving effect to conflicts of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.
MANDATORY ONLINE ACKNOWLEDGEMENT & SUBMISSION CONTROLS
[ ] I HAVE READ THIS ENTIRE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND SUBMIT THIS INFORMATION AND IMAGE FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE.
• Electronic Signature (Type Full Legal Name): [Mandatory Text Input]
• Date & Timestamp: [Automated Server-Generated System Timestamp]
• Submitter IP Address & Audit Log Record: [Automated Metadata Capture]