SmithWorks Inc. (SWI)

Student Services and Program Agreement

 

Page 3 of 7

Continued From Page 2

Testimonials In addition, Student agrees to authorize Company permission to use Student’s endorsement, written testimonial, photograph(s), video recording(s), audio recording(s) or posting(s) (collectively referred to as “Testimonial”) for educational purposes, advertising purposes, and for public relations. Student gives his/her Testimonial freely because Student would like to share his/her personal experience(s), opinion, and honest belief in the quality of the service(s) that Student is endorsing. Student is doing this Testimonial of his/her own free will and has not been paid a monetary sum for doing so. Student also agrees that Company may copyright Student’s Testimonial in Company’s name or any other name it may choose. Student agrees that Company may own all rights, including the copyright in and to any videos, still photographs, audio recordings, and any other material made by Company which contains Student’s first name, likeness, photo, posting, recording, endorsement, or Testimonial. Student agrees that Student will make no monetary or other claim against Company for the use of this Testimonial. Student agrees that Company may publish and republish Student’s Testimonial through any medium. Student understands and acknowledges that Student’s Testimonial will no longer be protected by federal and state privacy laws. RIGHT TO REVOKE TESTIMONIAL: STUDENT UNDERSTANDS THAT STUDENT HAS THE RIGHT TO REVOKE THIS AUTHORIZATION BY WRITING TO COMPANY IN ACCORDANCE WITH THE TERMS IN SECTION “NOTICE” OF THIS AGREEMENT. STUDENT MAY REVOKE THIS AUTHORIZATION AT ANY TIME, BUT IF STUDENT DOES SO IT WON’T HAVE ANY EFFECT ON ANY ACTIONS TAKEN PRIOR TO STUDENT’S REVOCATION. IF STUDENT DOES NOT REVOKE THIS AUTHORIZATION, IT WILL EXPIRE TWENTY (20) YEARS FROM THE EFFECTIVE DATE OF THIS AGREEMENT. Student hereby waives and releases Company from any claim, demand, cause of action, or proceeding of whatever nature arising out of publication and distribution of the said Testimonial in accordance with the terms of this Agreement and the consent language of this clause (including disclosure). Student releases and discharges Company from all rights that Student may have in the Testimonial and from any claim that Student may have relating to such publication, including any claim for payment in connection with distribution or publication of Student s Testimonial. Student also releases and discharges Company from all rights that Student may have to make edits to Student ’s Testimonial(s).

PLEASE READ THIS DOCUMENT FULLY.

PLEASE DO NOT SIGN THIS AGREEMENT BEFORE YOU HAVE READ IT COMPLETELY.

Student Signature and Email

I, the Student to this Agreement, understand and acknowledge the above information regarding testimonials. I also acknowledge that I understand this and consent to participate in the Program. I understand this is Page Three of this Agreement and there are seven pages to this Agreement.

I HAVE CAREFULLY READ THIS AGREEMENT AND ACKNOWLEDGE THAT I UNDERSTAND IT.

By using your electronic signature, you, the Student, acknowledge and agree that it carries the same legal weight and validity as your handwritten signature. It serves as your authentic and binding endorsement and agreement on this electronic document, just as if you had physically signed this Agreement with pen and paper.

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