Hot Bread Kitchen Consent and Release Form

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CONSENT AND RELEASE

Hot Bread Kitchen, a non-profit organization, uses the likeness, picture, video, voice, statements and/or testimonials (in any form), signature, biographical material, and all other elements of the persona (collectively, the “Materials”) of its trainees, incubator members, and staff to raise money and awareness for its programs and to sell bread, which, in turn, supports program. We use the Materials in many ways including:

• Social Media (Facebook, Instagram, Twitter, etc.);

• Press Media (Newspaper, Magazines, Cook Books, etc.);

• Internal & External Fundraising (Grants, Crowdfunding, Cultivation Events, etc.)

• Videos available on YouTube, Vimeo, and other platforms; and

• Signage in our stores and Greenmarkets.

No one associated with Hot Bread Kitchen is required to give permission for the use of the Materials for the above-listed purposes. It is not required for your training, membership, or your job. This form is to clarify what you are comfortable with. You can change your preferences at any time, which will operate on a prospective basis.

1. The undersigned hereby grants to Hot Bread Kitchen and its officers, directors, employees, agents, representatives, successors, assigns, and affiliated or related companies (collectively, “Hot Bread Kitchen”) the following rights to use Materials (except as excluded below) related to him or her: (1) to non-exclusively, publicly, and commercially use, exploit, reproduce, broadcast, publish, distribute, display or otherwise disseminate the Materials throughout the world in any medium, now known or hereinafter devised; and (2) to use, copy, modify, display, or otherwise disseminate the Materials, in whole or part, including repurposing any of the contents of same, at the sole discretion of Hot Bread Kitchen. The rights that the undersigned is granting, as outlined above, are irrevocable and perpetual in nature.:

Likeness, picture, video, voiceStatements, testimonials, biographical materialsSignatureAll elements of the persona listed aboveNo elements of the persona listed above

2. Representations and Warranties: The undersigned represents and warrants that the undersigned is free to enter into, to make the grants made under, and to perform the terms set forth in this instrument. The undersigned further represents and warrants that the undersigned has the ability to grant or license the rights contemplated herein, and that they are free of any claims by any third party and will not violate or infringe upon the rights of any person or entity.

3. Compensation: The undersigned acknowledges that the undersigned will receive no compensation from Hot Bread Kitchen other than any goodwill and publicity that the undersigned may receive relating to the publication, distribution, display, or other dissemination of the Materials as set forth in this instrument, which the undersigned acknowledges is sufficient consideration therefor.

4. Intellectual Property Ownership: The undersigned acknowledges that Hot Bread Kitchen is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any other and all other intellectual property rights, worldwide, in the Materials and the individual components thereof, and the undersigned shall take no action to challenge or object to the validity of such rights or Hot Bread Kitchen’s ownership or registration thereof.

5. Release: The undersigned forever releases, acquits and discharges Hot Bread Kitchen from and against any and all claims, liabilities, actions, proceedings, damages, losses, injuries, costs and expenses, arising out of any use of the name, likeness, picture, video, voice, statements and/or testimonials (in any form), signature, biographical material, and all other elements of the persona of the undersigned or third party for defamation; violation of any right of privacy or publicity; trademark and service mark infringement; false association or endorsement; unfair competition; any species of advertising injury; copyright infringement; violation of any moral or artists’ rights; and negligence.

6. Severability: The invalidity or unenforceability of any provision of this instrument under applicable law shall not affect or impair any other provision, which shall continue and remain in full force and effect. In the event any provision of this instrument is invalid or unenforceable under applicable law, the parties shall use their respective best endeavors to negotiate and agree on a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.

7. Entire Agreement: This instrument shall be binding upon and inure to the benefit of the undersigned and Hot Bread Kitchen, together with its successors, heirs, personal representatives and assigns. This instrument constitutes the entire agreement between the parties and supersedes all prior agreements and understandings related to the subject matter hereof. This instrument may be modified only by a written agreement signed by the party against whom enforcement is sought. This instrument shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in New York.

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