返金ポリシー

Perk Social reserves the right to refuse any photos. If your photo is rejected you will be notified and will need to resubmit your photo.

All sales are final – no refunds. Sales Tax Included. If you have any questions, please visit our FAQ page or contact us. The schools or institutions the FanCutouts are for reserve the right to determine if a cutout meets their desired terms or compliance regulations. 

 

CONSENT, ASSIGNMENT AND RELEASE

In exchange for the possibility of appearing in any visual production(s) (collectively, “Production”), the receipt of which opportunity shall be sufficient consideration for this Consent, Assignment and Release (“Release”), I do hereby:

(1) assign to Perk Social affiliates, clients, entities and partners  (collectively “Partners”) (as defined below) all worldwide right, title and interest in or to the image(s) of me, my child(ren) or ward(s) (collectively, “Minor(s)”) and/or other featured individuals (together with me and Minor(s), “Featured Individuals”) that I am voluntarily submitting to Perk Social and its Partners captured through technology provided to me by the Perk Social (collectively, “Image(s)”), including, but not limited to, all trademarks, copyrights and other intellectual property rights in and to the Image(s) and the likeness, image, name, words, voice, biographical information and/or other attributes (collectively, “Personal Information”) of each of the Featured Individuals (collectively, “Image Rights”);

(2) grant Perk Social and its Partners the right to include in the Production, separate and apart from the Image(s), Personal Information of each of the Featured Individuals that I am voluntary submitting to Perk Social (the “Submitted Information”);

(3) represent that I own all Image Rights and Submitted Information or have authorization from all rightsholders, and that I have the express permission of all Featured Individuals other than Minor(s) to submit the Image(s) and Submitted Information to Perk Social and agree to this Release on their behalf;

(4) acknowledge that Perk Social and their Partners have the right in perpetuity to depict the Image(s) and Submitted Information in any Production in any medium currently existing and hereafter developed (including, without limitation, to incorporate the Image(s), the Submitted Information and/or any derivative works into broadcasts and productions of games or clips of games distributed via television, affiliate websites, YouTube and/or any Partner related social media platforms (“Social Media Platforms”), subject to the applicable Social Media Platform’s terms of service and privacy policy, without payment of any compensation to me, the other Featured Individuals, or our respective heirs, legal representatives, successors and assigns;

(5) consent to use of the Image(s), the Submitted Information or any part thereof, by Perk Social in connection with advertising, publicizing, and exploiting any Production and acknowledge that I have no right of approval of the use of the Image(s) or Submitted Information in any Production, including but not limited to the seat placement in a stadium/team venue where the Image(s) may be used;

(6) acknowledge that the stadium/team/club venue reserves the right to reject the Image(s) if it contains content that is sexually explicit, obscene, profane, derogatory, offensive, inflammatory, inappropriate for children, would violate any stadium/team/club venue rules or otherwise be deemed inappropriate or unacceptable in stadium/team/club venue’s sole discretion;

(7) acknowledge that there is no guarantee that the Image(s) will be seen by the public in a Production, including but not limited to a television broadcast of a game, clips of a game or Social Media Platforms;

(8) acknowledge that I will not receive the original or a copy of any reproduction of the Image(s) produced by Perk Social or its Partners, i.e., fan photo cutout;

(9) release in perpetuity Perk Social and its Partners and such entities’ respective past, present and future affiliates, owners, general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, contractors, vendors, licensees, sponsors, advertisers, and broadcast partners from any claim of right in respect of such Image(s) or Submitted Information, including, but not limited to, claims of copyright infringement, false endorsement or rights of publicity or privacy (collectively, “Claims”) and I will indemnify and defend Perk Social and its Partners from and against any such Claims; and

(10) represent and warrant that I am 18 years or older and that this Release does not conflict with any existing commitments on my part.

This Release shall be governed by and construed in accordance with the laws of the country/state/city, without regard to conflicts of law principles. Any dispute, claim or cause of action arising out of this Release shall be settled by mandatory, confidential, final and binding arbitration in a court of law. Neither I nor Perk Social or any of its Partners shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate as a representative member of a putative class or in a private attorney general capacity. The arbitrator shall have the power to award any remedies available under applicable law; provided, however, that the arbitrator shall have no authority to award punitive or other monetary damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself.

In consideration for allowing me, my child(ren) or ward(s) (collectively, "Minor(s)"), and any other featured individuals (together with me and Minor(s), the "Featured Individuals") to participate in the Perk Social Fan Cutouts program (the "Program"), including the possibility of appearing in a network and/or cable and/or internet and/or streaming service visual production(s) (collectively, "Production"), the receipt of which shall be sufficient consideration for this Release, I do hereby:

1. assign to Perk Social and its Partners (as defined below) all worldwide right, title, and interest in or to the image(s) of the Featured Individuals that I am voluntarily submitting and captured through technology provided to me by Perk Social (collectively, the "Image(s)"), including, but not limited to, all trademarks, copyrights, and other intellectual property rights in and to the Image(s), and the likeness, image, name, words, voice, biographical information, and/or other attributes (collectively, "Personal Information") of each of the Featured Individuals (collectively, "Image Rights");
2. grant Perk Social and its Partners the right to use the Image(s) for the purpose of creating a fan cutout(s) (the "Fan Cutout(s)") by reproducing, altering, and printing the Image(s), and to place the Fan Cutout(s) in seats at any stadium or team/club venue (the "Stadium"), such that the Fan Cutout(s) may be visible to those at the Stadium and the audience viewing Games (as defined below) at the Stadium via television and/or other media;
3. grant the Perk Social, its Partners and the Stadium the right to include in the Production, separate and apart from the Image(s) and Fan Cutout(s), Personal Information of each of the Featured Individuals that I am voluntary submitting to the Club (the "Submitted Information");
4. represent that I am the parent or legal guardian of all Minor(s) on whose behalf I am agreeing to this Release, that I own all Image(s), Image Rights, and Submitted Information and/or have all necessary authorization from all applicable rightsholders, and that I have the express permission and authorization of all Featured Individuals to submit the Image(s) and Submitted Information to the Club and to agree to this Release on their behalf;
5. acknowledge that Perk Social, its Partners and the Stadium have the right in perpetuity to depict the Image(s), the Fan Cutout(s) and Submitted Information in any Production in any medium currently existing and hereafter developed (including, without limitation, to incorporate the Image(s), the Fan Cutout(s), the Submitted Information, and/or any derivative works into broadcasts on network and/or cable and/or internet and/or streaming service visual production(s) of games ("Games") or clips of Games and any related social media platforms ("Social Media Platforms"), subject to the applicable Social Media Platform's terms of service and privacy policy, without payment of any compensation to me, the other Featured Individuals, or our respective heirs, legal representatives, successors and assigns;
6. consent to use of the Image(s), the Fan Cutout(s), the Submitted Information, or any part thereof, by the MLB Entities in connection with advertising, publicizing, and exploiting any Production and acknowledge that I have no right of approval of the use of the Image(s), the Fan Cutout(s), or Submitted Information in any Production; and
7. represent and warrant that I am 18 years or older and that this Release does not conflict with any existing commitments on my part.

TO THE FULLEST EXTENT PERMITTED BY LAW, I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER FEATURED INDIVIDUALS, AGREE TO INDEMNIFY, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS PERK SOCIAL, ITS PARTNERS, and their respective owners, stockholders, members, directors, officers, employees, agents, affiliates, contractors, representatives, successors, heirs and assigns, and each and every person acting by, through, under, or in concert with them, or any of them (hereinafter, individually and collectively referred to as the "Released Parties") of and from all manner of action or actions, cause or causes of action, at law or equity, suits, claims, demands, damages, liability, lost cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter referred to as "Claims") that we may have or hereafter have against the Released Parties by reason of any injuries that we may sustain, whether to our person, property, and/or reputation, including, without limitation, any and all claims for copyright infringement, false endorsement, rights of publicity, defamation, and/or invasion of privacy, as a result of or incident to the Released Parties' use of the Image(s), the Image Rights, the Fan Cutout(s), and/or the Submitted Information in connection with the Program and/or in any manner authorized or contemplated in this Release. I, for myself and on behalf of all of the other Featured Individuals, further covenant not to sue or otherwise pursue any form of recovery or legal action, including arbitration, against any of the Released Parties arising from or relating to any Claim. For purposes of this Release, Perk Social, its Partners and such entities' respective past, present and future affiliates, owners, general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, contractors, vendors, licensees, sponsors, advertisers, and broadcast partners.