Welcome to the BlueVishnu 3D Scanning Experience
MODEL LICENSE, RELEASE AND WAIVER (“TERMS”)
Meet Digital You
I would like and agree to have BlueVishnu, Inc. (“Company”) capture video, still, facial, motion-capture and similar footage of my person through a full-body scan to create three-dimensional, photorealistic character models (“Works”) for use in film, photography, fashion, non-fungible tokens, games, metaverse, research, and any other purpose or media, digital or otherwise, whether now known or hereafter devised and throughout the universe (“Purpose”).
License: I hereby grant to Company the perpetual, worldwide, royalty-free right and license to film, scan, and otherwise record, manipulate, alter and capture my likeness, image, and any other personal characteristics (collectively, “Image”) in the Works and to reproduce, distribute, publicly perform, publicly display and otherwise use the Works in connection with or in furtherance of the Purpose, in any business models and means of delivery, and in advertising, marketing and promotion of the Company (“License”).
Non-Fungible Tokens: I also grant permission to Company to mint, on my behalf and through my digital wallet, a non-fungible token associated with a Work embodying my Image (the “NFT”). I understand that Company will not own the NFT and I am aware of and responsible for any and all risks associated with using blockchain technology and Internet-based digital assets such as NFTs and cryptocurrencies.
Subject to the License granted above, I agree that:
All results and proceeds derived from Company’s use of the Works as permitted by the License will be owned exclusively by Company; and that no portion of such proceeds (if any) will be shared with me.
To the fullest extent permitted by applicable law, I hereby release Company, its affiliates, licensees, contractors, agents, successors and assigns from, any and all claims to compensation or damages based on any use of my Image or Works as permitted by this License by the Company or its delegate, agent or assign.
I represent that I have the right to grant Company the License in and to my Image and that the use of my Image does not and will not violate any contract between any other third party and myself.
I hereby further acknowledge and agree to the following: (a) these Terms will be governed solely by the laws of the State of California without reference to its conflict of law principles; (b) all disputes under these Terms will be heard exclusively in the courts in San Francisco County, California; (c) these Terms constitute the entire agreement between Company and I with respect to its subject matter, and supersedes all prior or contemporaneous agreements between Company and I, whether oral or written, express or implied; (d) if any court of competent jurisdiction finds any provision in these Terms to be unenforceable, then such provision will be severed from these Terms and the remaining provisions will continue in effect; (e) I may not assign these Terms without Company’s prior express written consent (although Company may freely sublicense and/or assign its rights under these Terms in connection with or in furtherance of the Purpose); (f) these Terms are binding on my heirs and assigns; (g) these Terms may only be amended in a writing signed by Company and I; (h) these Terms are not governed by any SAG, DGA, IATSE or AFTRA agreement or any other union or collective bargaining agreement and, therefore, Company will not pay me any union-required residuals, reuse fees, pension, health and welfare benefits or other benefits/payments; and (i) these Terms commence on the date of my signature and continue in perpetuity.