Photograph and Likeness Release, including Minor Child and Pets

1. Consent to Photography and Recording

The Guardian grants Owner and Owner’s photographers, videographers, contractors, and media partners permission to photograph, film, audio‑record, livestream, and otherwise capture the image, recording, likeness, voice, persona, name (if disclosed), statements, and biographical information of the Guardian, Minor and the Pet, as applicable, (collectively, the “Recordings”), in connection with the Event and related activities.

2. Rights Granted; No Expectation of Compensation

The Guardian irrevocably grants to Owner a perpetual, worldwide, royalty‑free, sublicensable and transferable license to use, reproduce, display, perform, publish, distribute, edit, adapt, modify, create derivative works from, and otherwise exploit the Recordings, in whole or in part, in any and all media now known or hereafter developed, for any lawful purpose including without limitation advertising, publicity, promotion, public relations, news, and commercial uses related to the mall and its tenants, events, and sponsorships.

The Guardian acknowledges and agrees that no fees, compensation, or other consideration are owed or will be paid in connection with the Recordings or their use.

3. No Prior Review; No Obligation to Use

Owner shall have no obligation to use any Recording. The Guardian waives any right to inspect or approve the Recordings or any finished materials incorporating the Recordings.

4. Personal Information; FERPA/HIPAA

This Release does not authorize Owner to access or use education records protected by FERPA or protected health information under HIPAA. Any personally identifiable information collected will be handled in accordance with Owner’s posted privacy notices and applicable law.

5. Representations and Warranties

The Guardian represents and warrants that:

(a)     The Guardian is the parent or legal guardian of the Minor, has full legal authority to execute this Release on the Minor’s behalf, and is at least 18 years old.

(b)    Participation is voluntary; the Minor and Pet are in suitable condition to participate; and the Guardian will supervise the Minor and Pet at all times.

(c)     No union, guild, or third‑party approvals are required for the rights granted herein.

(d)    The Pet (if applicable) is owned or lawfully controlled by the Guardian, is properly vaccinated and leashed/crated as required, and will be handled in accordance with posted rules.

6. Assumption of Risk; Release and Waiver

To the fullest extent permitted by law, the Guardian, on behalf of the Guardian, the Minor, the Pet, and their respective heirs, executors, and assigns, voluntarily assumes all risks associated with participation in the Event and presence on the premises, including risks arising from interactions with animals, crowds, and equipment. The Guardian releases and forever discharges Owner from any and all claims, demands, and causes of action arising out of or related to the capture or use of the Recordings and participation in the Event, including claims for invasion of privacy, right of publicity, defamation, or moral rights, except to the extent caused by Owner’s gross negligence or willful misconduct.

7. Indemnification

To the fullest extent permitted by law, the Guardian agrees to defend, indemnify, and hold harmless Owner from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the Guardian’s Minor’s or Pet’s participation in the Event; (b) breach of this Release; or (c) claims by or on behalf of the Guardian, Minor or any third party relating to the Recordings or the Event, except to the extent caused by Owner’s gross negligence or willful misconduct.

8. Conduct; Compliance with Laws and Rules

The Guardian agrees to comply, and to cause the Minor and Pet to comply, with all posted rules, event guidelines, and directions of Event personnel, as well as all applicable federal, state, and local laws, ordinances, and regulations, including any permits and approvals applicable to the Event.

9. Ownership; No Joint Venture

All rights, title, and interest in and to the Recordings and any materials incorporating them shall be owned by Owner. Nothing herein creates any partnership, joint venture, or employment relationship.

10. Governing Law; Venue

This Release shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict‑of‑laws principles. Any action arising out of or relating to this Release shall be brought exclusively in the state or federal courts located in North Carolina, and the parties consent to jurisdiction and venue therein.

11. Severability; Entire Agreement; Modification

If any provision of this Release is held invalid or unenforceable, the remainder shall remain in full force and effect. This Release constitutes the entire agreement regarding the subject matter and supersedes all prior understandings relating thereto. No modification shall be effective unless in a signed writing by Owner and the Guardian.

12. Notices

Event‑day notices may be provided by signage or handout at the Event location. Formal notices to Owner regarding this Release shall be directed to: Asheville Mall Realty Holding LLC, Asheville Mall Address 3 South Tunnel Road, Asheville, NC 28805, with a copy to Summit Properties USA, 1350 Sixth Avenue, Suite 1925, New York, New York 10019, Attn: Legal.