TESTIMONIAL AUTHORIZATION AND RELEASE
I, the undersigned, in exchange for good and valuable consideration, the receipt and sufficiency thereof is hereby acknowledged, do hereby under this Testimonial Authorization and Release (version 06.28.18) (this “Release”) irrevocably grant to AEP Energy, Inc. and its affiliates, successors and assigns, and their respective licensees, advertising agencies, promotion agencies and fulfillment agencies, and the employees, officers, directors and agents of each and all of them (the “Company”), my consent and the absolute, unrestricted right and permission to make use of, reproduce, modify, and to otherwise utilize my name, testimonial and personal biographical information as contained herein (the “Testimonial”) in connection with publicizing and promoting the Company or any other lawful purpose through any form of media (print, digital, electronic, broadcast or otherwise), without further consent from me or royalty, payment or other compensation to me except as otherwise expressly provided herein.
I hereby agree to irrevocably waive any and all rights (1) that I may have to inspect or approve any finished product, derivatives thereof, or any other subsequent uses wherein my Testimonial appears and (2) release the Company from, and shall neither sue nor bring any proceeding against the Company for any claim, whether now known or unknown, for any right based upon orrelating to the use and utilization of the Testimonial.
I certify that (1) I am age eighteen (18) or older, (2) I have the power and right to grant the rights herein granted, (3) this Release is signed voluntarily, under no duress, and without expectation of compensation in any form now or in the future and (4) I have read and understand this Release prior to signing it and agree to the terms herein. I agree to defend, indemnify and hold harmlessthe Company from and against all claims, demands and causes of action (including reasonable attorneys’ fees) arising out of, or related to, my breach of any of the foregoing certifications, obligations, representations and warranties. This Release constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release shall be brought only in the federal and state courts located in Franklin County, Ohio, and the parties hereby consent to the exclusive jurisdiction of such courts.
THIS RELEASE PROVIDES THE COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, ALLOWING THE COMPANY TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, TESTIMONIAL AND PERSONAL BIOGRAPHICAL INFORMATION AS CONTAINED HEREIN. BY SIGNING, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.