Terms of participation

Last updated June 22, 2021

The following terms of participation (the “Terms of Participation”) govern your contribution to and use of the content and services we make available online (“Talks Inclusion Content”, “Production”). These Terms of Participation form an agreement between Talks Inclusion (“Talks Inclusion”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity participating in, appearing in, browsing, installing, downloading, accessing or otherwise contributing to the Talks Inclusion Content.

These Terms of Participation confirm the agreement between you and Talks Inclusion relating to your participation, contribution and/or appearance (“Participation”) in the Production and any filming, recording or documenting thereof (collectively, “Recordings”). The releases granted by you herein apply to any and all biographical materials, photographs, stock footage or other materials provided by you to be used in connection with the Production (“Other Materials”). This Agreement is made for good and valuable consideration (the receipt and sufficiency of which is acknowledged by you) including, without limitation, Talks Inclusion granting you permission to participate in and contribute to the Production. 

  1. You hereby consent and agree to your Participation in the Production, and the use of the Recordings and Other Materials by Talks Inclusion set forth herein, and irrevocably and unconditionally grant to Talks Inclusion the following rights and interests:

    1. to record your Participation; 

    2. to incorporate your Participation, the Recordings and the Other Materials into the Production;

    3. to use, simulate and portray in the Production your name, image, likeness, voice, personality, personal identification, personal experiences and events which occurred or occur, in whole or in part, based upon or taken from your life and experiences;

    4. to communicate to the public, distribute, broadcast, exhibit and otherwise exploit (commercially or otherwise) all or part of your Participation, the Recordings, the Other Materials and the Production (including, without limitation, excerpts thereof) throughout the universe, in perpetuity, in any and all languages, by any and all means in any and all media, whether now known or hereafter developed or discovered;

    5. to sell or permit others to sell advertising and sponsorships with respect to the Production and to otherwise commercially exploit the Production; 

    6. to issue publicity and promote, or permit others to issue publicity and promote, the Recordings, the Production, the Other Materials and your Participation, or any portion thereof, and for such purposes to use and reproduce your name, image, likeness, visual and/or sound recordings and biographical information; and

    7. to edit, modify, copy, add to, delete, take from, adapt, juxtapose and translate your Participation, the Recordings, the Other Materials and the Production as Talks Inclusion determines in its sole and unfettered discretion and to permit others to do the same on its behalf.

  2. You acknowledge and agree that your Participation shall include, without limitation, your name, image, likeness, voice, all of your personal experiences and events recorded, videotaped or referred to and any opinions or facts stated or implied by you.

  3. You warrant, represent, acknowledge and undertake to Talks Inclusion that:

    1. You have the right and capacity to (i) provide your Participation in and to the Production, (ii) grant the rights to Talks Inclusion as contemplated herein, and (iii) execute this Agreement;

    2. the authorization, approval or consent of no other person is necessary for this Agreement to be valid, binding and fully in force and effect;

    3. nothing in or with respect to your Participation (whether by way of inflection or gesture or otherwise) will infringe the copyright or any other right or interest of any person or breach any contract or duty of confidence or constitute a contempt of court or be slanderous or defamatory;

    4. You have no copyright or other rights or interests whatsoever in the Production, the Recordings or your Participation including, without limitation, performance rights, and that Talks Inclusion owns and controls all such rights and interests;

    5. You hereby forever waive your moral rights, publicity rights, personality rights and privacy rights with respect to the Production, the Recordings and your Participation;

    6. all facts expressed by you are, to the best of your knowledge and belief, true, accurate and complete; and all opinions expressed by you are your own and are based on facts genuinely and truly known and believed by you; and such opinions are not the opinions of any employer of yours nor of any organization that you have represented in the past or that you presently represent;

    7. You shall not, without Talks Inclusion’s written consent, give any interview, or make, give or release any statement for publication, by any means relating to your Participation, the Production, Talks Inclusion or this Agreement; and

    8. Talks Inclusion has fully explained to you the nature and composition of the Production.

  4. You acknowledge and accept that Talks Inclusion: (i) has no obligation to produce or distribute the Production or incorporate your Participation, the Recordings or the Other Materials into same; and (ii) is not responsible for any damages, expenses, claims or costs of any kind resulting from or with respect to your Participation or any accident or incident occurring prior to, during or after the preparation your Participation, unless such accident or incident is directly and solely caused by the gross negligence of Talks Inclusion.  

  5. In the event of a breach or alleged breach of this Agreement by Talks Inclusion, your sole recourse shall be a claim for monetary damages against Talks Inclusion and in no event will you be entitled to any injunctive or other remedial, equitable or other relief against Talks Inclusion or any other person. 

  6. This Agreement shall be governed by and construed in accordance with laws of the Province of Ontario and the laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction regarding any matter arising out of or in connection with this Agreement.