I acknowledge that I have voluntarily submitted to Fitbit, Inc. (“Fitbit”) my story as a user of Fitbit products, including any additional photos and information. With the intent to facilitate Fitbit’s use of my story, I agree to the following:
I irrevocably grant to Fitbit and its affiliates, subsidiaries, representatives, employees, licensees and assigns the perpetual, worldwide and absolute right to display, reproduce, publish, perform, exhibit, distribute, transmit, post, broadcast, sublicense, sell, transfer or otherwise make any commercial or non-commercial use of my image, likeness, persona, biographical information, statistics, photographs, and statements and opinions about Fitbit and its products (including, without limitation, the success story provided by me) (collectively, "Materials") in whole, in part or with or in connection with other materials for advertising, publicity and any other legal purpose, in perpetuity, throughout the world, in any and all media, whether now known or hereafter developed, including, without limitation, on the internet, without additional consideration, review or approval, and to modify and create derivative works based on my Materials. I acknowledge that the foregoing allows Fitbit to modify the success story for formatting and spelling.
I hereby affirm that the Materials are a true and accurate reflection of my opinions about Fitbit and its product(s) ("Fitbit Products") and I hereby affirm that I am a bona-fide user of the Fitbit Products. I represent and warrant that I am the sole owner of all rights in and to the Materials, and no consent from any third party is required for Fitbit to use the Materials as set forth herein.
I hereby release and agree to indemnify Fitbit and its licenses and assigns from any and all liability arising out of their use of the Materials. I further agree and covenant not to sue or bring any other proceeding against any Fitbit or any licensee or assign based upon or relating to Fitbit’s or any licensee's or assign's use of my Materials, including, without limitation, any claim for violation of my right of publicity, privacy, moral right, defamation or interference with contract.
I understand that nothing in this affidavit and release requires Fitbit to use the Materials in any manner or to attribute the Materials to me. I hereby waive any right that I may have to inspect and/or approve the use of the Materials; however, I understand that Fitbit in its sole discretion may request my review of its use of my Materials and I will promptly cooperate with Fitbit to comply with such a request. I represent that I provided the Materials voluntarily, on my own and without any promises from Fitbit. I agree to immediately notify Fitbit in writing if there is any change in the Materials or if I or any other person referenced as user of the Fitbit Products in the Materials cease to be a bona fide user of the Fitbit Products. I grant Fitbit permission to contact me directly with any questions or concerns that Fitbit may have about the Materials.