Model Home/Gallery of Homes Release

1. “Submitter” hereby agrees and consents that James Hardie Building Products Inc. and its successors (hereafter collectively referred to as “James Hardie”), may use all or part of any of Submitter’s photographs, images or marketing material (collectively “Materials”) for use in connection with any James Hardie promotion and/or in connection with any James Hardie sponsored websites (collectively “Promotions”) and including, without limitation, any other use provided for herein.
2. James Hardie has the right to use, without payment or other consideration, the Materials in connection with the Promotions and including, without limitation, any other medium in connection with the Materials in any respect. James Hardie may edit the Materials as deemed appropriate.
3. The rights granted to James Hardie herein are perpetual, worldwide, and Submitter understands James Hardie will incur substantial expense in reliance on this release. James Hardie shall have all right, title and interest in any and all results and proceeds, if any, from said use or appearance. James Hardie is not obliged to make use of any of the Materials or exercise any of the rights granted to James Hardie by this release.
4. Submitter hereby represents and warrants to James Hardie that Submitter has not entered into any other agreement (whether written or oral) with any party other than James Hardie with respect to ownership of or right to use any of the Materials and that this agreement does not and will not violate any express or implied obligation of Submitter to any other party. Submitter hereby states and agrees that the Materials will not infringe upon the intellectual property rights of any third party, including by way of example and not by limitation, any copyright, trademark or patent rights belonging to any third party.
5. Submitter hereby releases James Hardie and/or any of it’s officers, directors, employees, sponsors, agents, assigns, shareholders, members, principals and volunteers from any and all claims, including without limitation, libel, slander, or invasion of privacy or publicity rights with regard to the Materials or their use by James Hardie. Submitter further releases James Hardie from any liability for personal injury or loss of life or property damage which may occur during any photography shoot including without limitation, travel to and from the location of such photography shoot.
6. Submitter agrees that Submitter will indemnify, hold harmless from and against, and reimburse James Hardie for any and all claims arising out of, connected with or resulting from Submitter’s breach of any representation, obligation or statement in this agreement, any damage or loss to Submitter’s home or personal property and any claims by any third parties or personal injury, property damage or any other injury, illness, death, damage or loss resulting from Submitter’s acts or omissions in connection with this agreement or the Materials or Promotions.
7. Submitter understands that this is a full, complete, and general release that applies to all disputes, claims, or other causes of action, including unknown claims, related to the agreement or the Materials or Promotions, and Submitter hereby waives any right to challenge the agreement on the grounds that it is a general release and/or a release of unknown claims.
8. Except where prohibited, Submitter agrees that any and all disputes, claims and causes of action arising out of or connected with the agreement shall be resolved exclusively by arbitration pursuant to the Rules of the American Arbitration Association then effective, and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by Submitter with regard to the agreement, but in no event attorneys’ fees, punitive, incidental, consequential or other damages. All issues and questions concerning the construction, validity, interpretation and enforceability of the agreement, or the rights and obligations of the Submitter and/or James Hardie in connection with the agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than California. Submitter agrees that Orange County, California shall be the location for any dispute, claim or cause of action arising out of this agreement and this arbitration provision.
9. Submitter further acknowledges that this agreement constitutes the entire agreement and complete understanding of the parties, and that no oral or prior written agreements shall be deemed a part or modification of this agreement. This agreement cannot be modified except by a written instrument signed by an authorized representative of James Hardie. If any provision herein is declared invalid in any proceeding concerning this agreement, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this agreement will continue in full force and effect.