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MEDIA RELEASE AGREEMENT
Last updated: April 24, 2026
This Media Release Agreement is incorporated by reference into all memberships, personal training agreements, online forms, and digital submissions with Fitness Factory Okeechobee. By participating in services, you acknowledge and agree to these terms.
Welcome to Fitness Factory Okeechobee, LLC (“Company,” “we,” “our,” or “us”).
The purpose of this Media Release Agreement (the “Release” or "Agreement") is to grant Fitness Factory Okeechobee, LLC permission to capture, use, reproduce, and distribute photographs, video recordings, audio recordings, testimonials, and any other content of or provided by you. This includes content created by Fitness Factory Okeechobee or submitted by you.
You acknowledge and agree that such content may be used for marketing, promotional, educational, and commercial purposes across any media platform, now known or hereafter developed. This includes, but is not limited to, use on websites, social media platforms, advertisements, email campaigns, printed materials, and other digital or physical media.
By agreeing to this Release, you grant Fitness Factory Okeechobee broad rights to use your name, likeness, image, voice, and any associated content as outlined in this Agreement.
1. ON-CAMERA RELEASE
You hereby grant to Fitness Factory Okeechobee, LLC, a Limited Liability Company operating in the State of Florida, and any of its subsidiaries, affiliates, successors, licensees and assigns (collectively, “Fitness Factory Okeechobee," or “us”) the worldwide, perpetual right, subject to your right to request discontinuation of future use as outlined in this Agreement, to photograph and record you on video or film, edit and use any such photographs or recordings, including your voice, movements, musical or other sound effects, as well as your biographical information and testimonials, for any purpose, including commercial use, in any and all media, now known or hereafter devised. You acknowledge that you will not receive any compensation, royalties, or other payment for the use of such materials.
2. WORK-FOR-HIRE
This section applies only in circumstances where Fitness Factory Okeechobee has specifically engaged or compensated you as a professional to create content on its behalf. In such cases, by signing this Release, you understand and agree that a “Work for Hire” relationship is created, and all intellectual property rights in any and all materials created shall be owned exclusively and in perpetuity by Fitness Factory Okeechobee. To the extent any such materials do not qualify as a “work made for hire” under applicable law, you hereby irrevocably assign all right, title, and interest in and to such materials to Fitness Factory Okeechobee.
3. MATERIAL RELEASE
You hereby grant to Fitness Factory Okeechobee the worldwide, irrevocable, non-exclusive, perpetual right to use the copyrighted photographs and/or video recordings, taken by you or of you, which you either provide to Fitness Factory Okeechobee or which Fitness Factory Okeechobee takes of you (the “Licensed Material”) for any purpose, including commercial use and resale, in any and all media, now known or hereafter devised.
3.1. Fitness Factory Okeechobee’s use of the Licensed Material shall be subject to an arrangement made between you and Fitness Factory Okeechobee. You warrant and represent that you have the right and authority to grant these rights, that the consent of no other person or company is required to enable Fitness Factory Okeechobee to use the Licensed Material, and that such use will not violate the rights of any kind of third party.
4. REVOCATION OF CONSENT (FUTURE USE)
You may request that Fitness Factory Okeechobee discontinue future use of your identifiable image, likeness, or content by submitting a written request to support@fitnessfactoryokeechobee.com. Upon receipt, we will make reasonable efforts to cease future use of such materials; however, you acknowledge that any materials already published, distributed, or used in marketing, advertising, or promotional content may continue to be used and will not be subject to removal.
5. RELEASE OF LIABILITY
You hereby release Fitness Factory Okeechobee, to the fullest extent permitted by law, from any and all claims and demands of any nature whatsoever arising out of or in connection with its exercising of rights under this Media Release Agreement, including, without limitation, any and all claims for invasion of privacy, infringement of the right of publicity or personality, defamation (including libel and slander), and infringement of moral rights and other personal and/or property rights. Further, you agree that these provisions above apply to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future. You hereby agree to indemnify and hold harmless Fitness Factory Okeechobee and its members, officers, directors, employees, volunteers, agents, heirs, executors, administrators, successors and assigns, to the fullest extent permitted by law, from any and all liability resulting from our use of the Licensed Materials.
6. OWNERSHIP OF LICENSED MATERIALS
You understand that in signing this Agreement, either by hand or electronically or clicking ‘I Agree’, you are assigning, across all jurisdictions in the world and in perpetuity, any intellectual property rights you have in the Licensed Materials, to the fullest extent permitted by law, to the extent such materials are created for or submitted to Fitness Factory Okeechobee for use. Fitness Factory Okeechobee will retain full intellectual property ownership of the Licensed Materials. To the extent applicable, this may include a work-for-hire relationship where Fitness Factory Okeechobee has engaged or compensated you to create such materials, in which case all intellectual property rights shall be owned exclusively by Fitness Factory Okeechobee.
7. ARBITRATION
Any controversy or claim arising out of or relating to this Agreement shall be settled exclusively by binding arbitration conducted in the State of Florida or through such other arbitrator as mutually agreed upon by the parties. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this Agreement.
8. GENERAL TERMS, CHOICE OF LAWS AND VENUE
Courts of the State of Florida retain the sole power to order arbitration, confirm any resulting award, or grant urgent relief related to the arbitration process. Severability. If any provision of this Release is invalid or unenforceable, the other provisions in the Release will remain in full force and effect. Entire Agreement. This Release constitutes the entire Agreement between the parties and replaces any prior agreements. Headings. The headings used in this Release are for stylistic purposes only, and none of the content in the headings is intended to be legally binding. Assignment. Fitness Factory Okeechobee’s rights under this Release may be freely assigned and licensed to any entity. Online Agreement. We agree that this Release may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Release by hand and the intention of which is that both parties desire to be bound by all the terms of the Release.
I HAVE READ THIS MEDIA RELEASE, UNDERSTAND ITS CONTENTS AND VOLUNTARILYAGREE TO ITS TERMS.
BY SIGNING BELOW OR CLICKING “I AGREE,” YOU GRANT FITNESS FACTORY OKEECHOBEE BROAD, IRREVOCABLE RIGHTS TO USE YOUR NAME, LIKENESS, IMAGE, VOICE, AND ANY ASSOCIATED CONTENT AS OUTLINED IN THIS AGREEMENT.
