AEP Energy’s Testimonial and Publicity Authorization and Release

AEP Energy Customer Testimonial and Publicity Authorization and Release

TESTIMONIAL AND PUBLICITY AUTHORIZATION AND RELEASE

In exchange for good and valuable consideration, the receipt and sufficiency thereof is hereby acknowledged, I do hereby under this Testimonial and Publicity Authorization and Release (version 08.10.18) (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, copyright, publish, circulate, modify, and to otherwise utilize in any way or fashion my name, testimonial and personal biographical information as contained herein, as well as any audio and video/film/still photo productions of me that I provide to, or participate in the creation with, the Company (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.

This authorization and release covers the use of said audio and video/film/still photo productions in any published form and in any media in any part of the world for an unlimited period of time. I also assign and transfer to the Company, its affiliates, successors and assigns, all my rights, title and interests in and to all audio and video/film/still photos taken of me by said company or in its behalf by any other person. By agreeing to these terms, I am aware that I give up and release all rights to any images and/or audio in any form. I grant these rights to my images and/or audio to the Company.

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 or relating 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 agreed to 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 agreeing to it and agree to the terms herein. I agree to defend, indemnify and hold harmless the 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 (including audio and video/film/still photo productions of me) AND PERSONAL BIOGRAPHICAL INFORMATION AS CONTAINED HEREIN. BY AGREEING, 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.

VERSION 08.10.18