Consent and Release
In consideration for use of the FirstPoint Scholarship Platform web-based solution (the “Service”), the undersigned (“User”), and, if User is under 18 years of age, User’s parent or legal guardian hereby represents, warrants, agrees and consents as follows:
- User is at least 13 years of age.
- FirstPoint USA shall be permitted to use, reproduce, distribute, prepare derivative works of, publicly display, publicly perform and disclose to third parties User's voice, biographical information, appearance, likeness, form, image, videos and photographs (“Likeness”). User waives the right to inspect or approve any use of User’s Likeness by FirstPoint USA. User agrees FirstPoint USA shall have the full right, at its discretion, to edit, modify, add to, and/or delete material or juxtapose any part of the User’s Likeness with any other materials, or any other use of User’s Likeness by FirstPoint USA. Notwithstanding the foregoing, User acknowledges and agrees that FirstPoint USA is under no obligation to use the User’s Likeness for any purpose.
- User agrees that FirstPoint USA owns the entire right, title and interest in (or otherwise is granted the irrevocable, perpetual, world-wide, and unlimited right to use) the copyrights of the videos and photographs of the User that are provided by the User to FirstPoint USA, and that User has the authority to grant FirstPoint USA the right and license to use such videos and photographs as permitted herein, including without limitation the right for FirstPoint USA to use such videos and photographs, in any formats and through any channels, on FirstPoint USA’s website or on third party websites, in publications, advertisements and promotional materials, in the media and at scouting/recruiting events.
- User hereby releases and discharges FirstPoint USA, its assigns and designees (including any agency, client, broadcaster, periodical, website or other publication), from any and all liability for damages for the use, reproduction, distribution, preparation of derivative works, public display, and disclosure of User’s personal information and Likeness to third parties, including but not limited to any and all claims, demands, or causes of action that User may have, now or in the future, for invasion of privacy, right of publicity, copyright infringement, defamation, or any other cause of action arising out of the use, exploitation, reproduction, adaptation, distribution, broadcast, performance, or display of User’s personal information and Likeness. User agrees that User is not entitled to and will make no claim to compensation in exchange for, the use rights granted to FirstPoint USA in the above paragraphs.
- User acknowledges and agrees that FirstPoint USA does not guarantee or promise that a scholarship or grant will be received by User. User shall not hold FirstPoint USA responsible for any decision, action or other matter made or taken by any college or university with respect to recruiting or any scholarship or grant, since those decisions, actions and matters rest solely such colleges and universities. In further accordance with NCAA and NAIA rules, FirstPoint USA does not intend any of the services to be, and such services shall not be construed or deemed to be, any attempt or promise by or on behalf of FirstPoint USA to place the user with a particular college or university and/or a guarantee of any offer or award of any scholarship or grant and/or a guarantee that a college, university, coach and/or athletic department will review the recruiting profile or any other materials or information relating to the user.