PHOTOGRAPHER’S CONSENT, WAIVER OF LIABILITY, INDEMNITY, AND RELEASE

TERMS AND CONDITIONS:

By submitting my photograph, I irrevocably grant to The City of Burlington the right to use, reproduce, adopt, distribute, publish and publicly display the negatives and photograph(s) ("Photographs") that are the subject of this Agreement for any governmental purpose including, but not limited to, advertising and commercial or non-commercial governmental purposes. I understand and agree that Photographs may be displayed through a variety of mediums including print, on-line, TV, video, and through other mediums as determined by The City of Burlington.

I declare that I am eighteen (18) years old or older and am legally competent to execute this release or that I have acquired the written consent of my parent or guardian.

I recognize that The City of Burlington may publish a photographer credit when publishing submitted Photographs by either placing my name on or around the photo

I understand that Photographs may be cropped, shaped, or otherwise adjusted for use by The City of Burlington.

I waive any right to inspect or approve any finished product, advertising or other copy that may be used in connection herewith.

I warrant and represent that the Photograph(s) which are the subject matter of this agreement are original with me in all respects. I am the sole and exclusive owner of the Photograph(s); they are free, clear, and unencumbered. No part of them is taken from or based on any other work; no part infringes the copyright or any other right of any person; and the reproduction, publication, exhibition, or any other use by the RELEASED PARTIES of the Photograph(s) in any form whatever will not in any way, directly or indirectly, infringe on the rights of any person.

If a photograph contains readily identifiable person(s), I have included all names, addresses and telephone numbers of such persons below or on an attached sheet if more space is needed. (Subject name/email address/telephone only needed if photograph contains readily identifiable persons.)

Subjects, or the parents or legal guardians of the subject(s) who are under 18 years of age, may be asked for permission to use such individual's name, voice, photograph, likeness, biographical information and any information provided on entry form, in any medium of communication now known or hereafter discovered without additional compensation, notice, review, or approval.

I understand that The City of Burlington may, in its sole discretion, decline to publish any photo submissions that it reasonably believes are not the entrants' own original creations, have already been published, violate the rights of any other person or entity (including but not limited to copyrights), contain offensive, defamatory, vulgar or profane content, or contain fraudulent or false information.

I agree to release, defend, indemnify and hold harmless The City of Burlington, and its elected and appointed officials, directors, representatives, employees, agents, successors and assigns, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to my participation in this program.

I understand that the terms herein are contractual and not a mere recital, that this instrument is legally binding, and that I have voluntarily agreed to the terms of this document.