TERMS AND CONDITIONS

For good and valuable consideration (which for clarity, shall not include any monetary compensation), the receipt and sufficiency of which is hereby acknowledged, I agree as follows

1. I grant to Make Up For Ever LLC (“MUFE”) and its parents, subsidiaries, affiliates, licensees, successors, agents, assigns, and those acting with its authority, including, but not limited to, Sephora USA, Inc., LVMH Moët Hennessy Louis Vuitton Inc. and J.C. Penney Corporation, Inc. (collectively with MUFE, the “Licensed Parties”) the unlimited right and permission, but not the obligation, to (a) film, photograph and/or record me at Generation Beauty NYC on September 23-24, 2017 (the “Event”), and (b) reproduce, distribute, publish, exhibit, digitize, broadcast, display, use, and otherwise exploit the resulting film, photographs and/or recordings, and any materials I provide to Licensed Parties (including without limitation any photographs or selfies I take at the Event) (collectively, the “Materials”), as well as my name (or any fictional name identifying me), picture, likeness, performance, voice, social media handle(s) and biographical information (collectively, “Persona”) and any material based thereon or derived therefrom, edited or altered as the Licensed Parties see fit, together with any other material that the Licensed Parties may choose, or to refrain from so doing, anywhere on the internet and in any and all digital media, including, without limitation, on the websites and social media channels of any of the Licensed Parties, anywhere in the world, in perpetuity, for any lawful purpose, including, without limitation, for the purposes of advertising or trade in promoting and publicizing MUFE and/or any of MUFE’s products. In connection with any use my materials and/or Persona in social media, the Licensed Parties shall have the right to “tag” me or otherwise identify or link to me and/or my social media profile/account.

2. MUFE shall own all right, title and interest in and to the Materials. I hereby waive any right to inspect and/or approve the Materials, their use, or other materials as may be used in connection therewith, and I waive any right to inspect or approve the use of my Persona in connection with the foregoing. I release the Licensed Parties from any liability or claim related to the Materials or Persona, and I agree that I shall not have any claim (including, without limitation, claims to compensation or claims based upon invasion of privacy, defamation, right of publicity, trademark infringement, or false association) arising out of any use by any Licensed Party of the Materials or my Persona. I hereby waive any right to enjoin or interfere with any campaign or the production, distribution or exploitation of the Materials or my Persona.

3. I further represent and warrant that (a) I am over the age of majority; (b) I have the right to agree to these Terms and Conditions; (c) these Terms and Conditions does not conflict with any existing commitment on my part; and (d) I am the owner of any materials I provide to Licensed Parties, I have the authority to grant the Licensed Parties the permission and rights herein granted, and no one else’s permission is required with respect to the rights herein granted or in connection with any other use of such materials.

4. These Terms and Conditions contains the entire understanding between the parties with respect to the subject matter hereof, supersedes all prior agreements with respect to the subject matter hereof, and may not be altered or waived except by a writing signed by both parties. No waiver by either party of the breach of any term or condition of this Terms and Conditions shall constitute a waiver of, or consent to, any subsequent breach of the same or any other term or condition of this Terms and Conditions. This Terms and Conditions shall be governed by the laws of the State of New York applicable to contracts executed and to be fully performed therein, and I hereby submit to the exclusive jurisdiction of the federal and state courts located in State of New York, USA with respect to any claim arising out of this Terms and Conditions.

In addition, by clicking yes, I agree that (1) MAKE UP FOREVER may use films/photographs taken of me, as well as any information about me that I supply or that is publicly available (including on my social media channels), to consider possible future collaborations with me and (2) MAKE UP FOR EVER has no obligation to pursue any collaboration with me.