IMAGE AND VIDEO RELEASE FORM

The participant, acting on their own behalf or as an expressly authorised member of the band (where applicable), hereby:

1. Declares (on their own behalf and, where applicable, on behalf of each band member) that:
   • They consent to the sharing and publication of the video (the “Video”) produced for their entry in the “Harley-Davidson Music Contest UK” competition (the “Competition”) organised by Harley-Davidson Europe Limited, a company registered in England and Wales with company number 02358344 and registered office at 192b Park Drive, Milton Park, Abingdon, England, OX14 4SD (“H-D”), and uploaded to the H-D Music Competition website at www.hdmusiccontest.com/en (the “Website”) during the period indicated in the terms and conditions governing the Competition (the “Terms”);
   • They have read, understood and accept the Terms and agree to be bound by them;
   • They understand that the Video will be published on the Website for voting purposes and that both the Video and the Competition may be used by H-D for promotional and advertising purposes;
   • The band name (where applicable), Video, performance, title, image, lyrics,  and song and other components used as part of their entry and during the live performance are their own original creation; they are the sole copyright holders; and the entry and live performance does not and will not infringe the intellectual property rights, trade marks or other rights of any third party;
   • Their participation does not breach any existing contractual obligations; 
   • The band name (where applicable), Video, performance, image, song title and lyrics and other components used as part of their entry and during the live performance do not contain any offensive, obscene, discriminatory, defamatory, hateful, sexually explicit, violent or otherwise inappropriate material;
   • They consent to the publication of the Video (including in modified, adapted or partial form) on the Website and other H-D channels, which may be accessible worldwide;
   • They consent to the display of their first name, surname and, where applicable, band name: (i) on the Website as a Competition participant; and (ii) if selected as a winner, on H-D’s and H-D group companies’ social media channels and other platforms to announce their winning status; provided that H-D reserves the right to omit such identification at its discretion, and they understand that, if selected as a winner, they will have the right to object to such publication or request a reduction in the information published, in accordance with the Terms;
   • The entry, participation in the Competition and use of the Video are provided free of charge;
   • They have full capacity and authority to accept this release;
   • They have read and understood all the terms of this release; 
   • Where the participant submits the entry on behalf of a band, they warrant that they have full authority to bind all band members to this release and confirm that all band members have consented to the entry, have read and agreed to this release form and the Terms, and have read and understood H-D’s privacy policy available at https://www.harley-davidson.com/gb/en/footer/utility/privacy-policy.html;
   • They confirm that all information provided to H D in connection with the Video and the Competition is true, accurate and not misleading, and undertake to provide reasonable supporting documentation upon H D’s request to verify compliance with this release.
2. Authorises H-D (on their own behalf and, where applicable, on behalf of each band member) to:
   • Use the Video for the purposes of the Competition, free of charge, in any format or adaptation, including the use of excerpts in combination with other content for promotional and advertising purposes. This authorisation may be exercised by H‑D’s affiliates, agencies and service providers acting on H‑D’s behalf under a limited sublicense to the extent necessary; 
   • Publish any statements made in connection with the Video;
   • Store, archive, reproduce and disseminate the Video free of charge and without limitation through H-D’s and H-D group companies’ communication channels, including but not limited to: (i) websites and social media channels (such as Facebook, Instagram, TikTok and YouTube); and (ii) promotional and advertising materials, whether online or offline (such as TV, billboards and brochures);
   • Use the Video covered by this release in perpetuity from the date the Video is uploaded to the Website.
   • H‑D may refrain from publishing, or may remove, the Video from its channels where H‑D reasonably considers the Video to be unlawful, infringing, offensive, or otherwise non‑compliant with this release or the Terms.
   • This authorisation includes the right for H‑D to sublicense to its affiliates, agencies, service providers, media partners, and event partners, to the extent necessary to administer the Competition and to exploit the rights granted hereunder on H‑D’s behalf.

3. Confirms and warrants (on their own behalf and, where applicable, on behalf of each band member) that:
   • They have no claims in relation to the above and irrevocably waive any rights, actions or claims arising from the above authorisation;
   • They will not, through their Video, performance, title, image, lyrics, song and other components used as part of their entry and during the live performance violate the rights of any third party and they assume all legal responsibility for the aforementioned components of the entry;
   • They release and hold harmless H-D from adverse consequences arising from the misuse of the Video by third parties, except to the extent such consequences arise from H-D’s negligence or wilful misconduct, and waive any claim for compensation for damages caused by such third parties save where caused by H-D’s negligence or wilful misconduct;
   • They shall indemnify and hold harmless H-D from and against any claims, losses, damages or expenses arising from any dispute between the authors and performers of the song featured in the Video.
     
4. Governing Law and Jurisdiction
   • This release shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales in respect of any dispute arising out of or in connection with this release. Any failure or delay in the exercise of rights by either party shall not constitute a waiver thereof. Similarly, the partial exercise of rights shall not preclude the exercise of the rights provided for herein.
5. General Provisions
   • If any part of this release is found to be invalid or unenforceable under applicable law, that part shall be deemed severed, without affecting the validity of the other parts of the release.
   • The headings are inserted for convenience only and do not affect the interpretation of this release. Words in the singular shall include the plural, and vice versa.
   • Any failure or delay in the exercise of rights by either party shall not constitute a waiver thereof. Similarly, the partial exercise of rights shall not preclude the exercise of the rights provided for herein.