This Fun Squad Club Parental Consent, Content Submission, Media Release, Name/Image/Likeness License and Waiver Agreement (“Agreement”) is entered into for the benefit of Kids Fun TV, LLC, a Utah limited liability company, together with its parents, subsidiaries, affiliated companies, related brands, successors, licensees, designees, and assigns (collectively, “KFTV”). This Agreement applies to information, photographs, videos, audio recordings, testimonials, stories, answers, shout-out requests, and other materials voluntarily submitted to KFTV through the Fun Squad Club, KFTV websites, portals, forms, email, text, social media, or any other submission method authorized by KFTV.

For purposes of this Agreement, the child or minor whose information or materials are submitted is referred to as the “Participant,” and the adult accepting this Agreement is referred to as the “Submitting Adult” or “Parent/Guardian.” This Agreement may be accepted only by an individual who is at least eighteen (18) years old and who is the Participant’s parent or legal guardian with legal authority to act for the Participant.

1. PARENT/GUARDIAN ELIGIBILITY, AUTHORITY, AND RESPONSIBILITY

By submitting information or materials and electronically accepting this Agreement, the Submitting Adult represents and warrants that the Submitting Adult is at least eighteen (18) years of age, is the Participant’s parent or legal guardian, has legal authority to consent to the collection, use, publication, disclosure, licensing, and other uses described in this Agreement, and is not accepting this Agreement on behalf of a friend’s child, an unrelated child, or any other minor for whom the Submitting Adult lacks legal authority.

The Submitting Adult further represents and warrants that no custody order, guardianship order, parenting plan, court order, agreement, or other legal restriction prohibits the Submitting Adult from granting these rights, and that if the consent of another parent, guardian, court, or other person is legally required, the Submitting Adult has obtained that consent before making the submission. The Submitting Adult personally assumes responsibility for the accuracy of these representations and for all submissions made through the Submitting Adult’s account or under the Submitting Adult’s authorization.

A child may assist the Submitting Adult in providing answers or choosing materials, but the Submitting Adult must personally control the submission process and personally provide the electronic acceptance required by this Agreement.

2. VOLUNTARY SUBMISSION OF INFORMATION AND MATERIALS

The Submitting Adult may voluntarily provide KFTV with information concerning the Participant, including the Participant’s first name, last initial, birthday month, state of residence, state the Participant is from, hobbies, interests, favorite activities, personal answers, stories, comments, shout-out requests, birthday shout-out information, testimonials, and other similar information requested by KFTV (collectively, “Submitted Information”).

The Submitting Adult may also voluntarily submit photographs, images, video recordings, audio recordings, testimonial videos, unboxing videos, videos or photographs involving Fun Squad Club boxes, packages, merchandise or activities, and other audiovisual or written materials (collectively, “Submitted Media”). Submitted Information and Submitted Media are collectively referred to as the “Submissions.”

The Submitting Adult understands that providing any Submission is voluntary and that KFTV may choose whether or not to use, publish, feature, display, edit, or otherwise act upon any Submission.

3. CONSENT TO COLLECTION, USE, PUBLICATION, AND DISCLOSURE

The Submitting Adult knowingly and expressly consents to KFTV collecting, receiving, storing, reviewing, editing, using, reproducing, publishing, displaying, performing, distributing, transmitting, broadcasting, promoting, exhibiting, and otherwise using the Submissions as described in this Agreement and in KFTV’s applicable Privacy Policy.

The Submitting Adult specifically authorizes KFTV to publicly identify or describe the Participant using the Submitted Information, including the Participant’s first name, last initial, birthday month, state of residence, state the Participant is from, hobbies, interests, answers, stories, comments, testimonial statements, and shout-out information, and to combine that information with the Participant’s photograph, image, video, voice, or other Submitted Media.

The Submitting Adult understands and expressly consents that these materials may be made publicly available, including to persons who are not Fun Squad Club members, and may be used in public-facing content, promotions, advertising, social media, websites, magazines, newsletters, videos, and other media authorized by this Agreement.

4. RIGHTS IN SUBMISSIONS AND KFTV-CREATED CONTENT

As between the Submitting Adult and KFTV, the person who created a Submitted Media item retains whatever underlying copyright that person lawfully owns in the original submission, but the Submitting Adult, on behalf of the applicable rights holder to the fullest extent legally authorized, grants KFTV a worldwide, perpetual, irrevocable to the fullest extent permitted by law, fully paid-up, royalty-free, transferable, sublicensable license to use, copy, reproduce, display, perform, distribute, publish, transmit, edit, adapt, modify, crop, excerpt, combine, translate, reformat, create derivative works from, advertise, promote, monetize, license, sublicense, and otherwise exploit the Submissions in any manner authorized by this Agreement.

KFTV shall exclusively own all copyrights and other intellectual-property rights in any videos, advertisements, promotional materials, social-media posts, magazines, publications, compilations, edits, derivative works, graphics, thumbnails, productions, or other content created by or for KFTV using or incorporating any Submission (collectively, “KFTV Content”), except that Participant personal-identity rights are licensed and consented to under Section 5 rather than purportedly assigned where applicable law prohibits assignment.

To the extent the Submitting Adult or Participant may have any transferable moral rights, performer rights, approval rights, or similar rights in a Submission or KFTV Content, such rights are waived or licensed to KFTV to the fullest extent permitted by law.

5. PERPETUAL NAME, IMAGE, LIKENESS, VOICE, AND PERSONAL-IDENTITY LICENSE

The Submitting Adult, on behalf of the Participant to the fullest extent legally permitted, knowingly, voluntarily, irrevocably, and unconditionally grants KFTV a worldwide, perpetual, fully paid-up, royalty-free license and consent to use the Participant’s first name, last initial, nickname or sobriquet, voice, statements, photograph, picture, portrait, image, visual likeness, video likeness, audiovisual appearance, silhouette, actions, gestures, performance, biographical information voluntarily supplied in a Submission, and any other indicia of the Participant’s identity captured or authorized through a Submission (collectively, the Participant’s “Likeness”).

This license is granted to KFTV and KFTV’s affiliates, related entities, successors, assigns, licensees, distributors, advertising partners, sponsors, agencies, contractors, production companies, publishers, platforms, and persons acting with KFTV’s authorization, and may be exercised anywhere in the world and in perpetuity, subject only to rights that applicable law expressly makes nonwaivable.

6. MEDIA, PLATFORMS, AND AUTHORIZED USES

The Submitting Adult authorizes KFTV to use the Submissions, KFTV Content, and Participant’s Likeness in any manner and through any medium now known or later developed, including YouTube, YouTube Shorts, TikTok, Instagram, Facebook, Snapchat, X and similar social-media services, websites, mobile applications, streaming platforms, television, digital media, online and offline video, advertisements, sponsored content, commercials, trailers, teasers, previews, thumbnails, channel artwork, compilation videos, reaction videos, clips, excerpts, short-form content, promotional materials, email marketing, digital advertisements, print advertisements, magazines, newsletters, books, posters, brochures, press materials, subscription materials, Fun Squad Club materials, merchandise, product packaging, promotional products, presentations, public displays, publicity, internal KFTV materials, and any other commercial, promotional, entertainment, editorial, educational, advertising, or business use associated with KFTV, its content, brands, channels, products, services, sponsors, or business.

These rights apply to all KFTV channels, brands, accounts, and distribution paths presently existing or created in the future, including Kids Fun TV, The Fun Squad, Fun Squad Family, Fun Squad Club, and other KFTV-owned or affiliated brands. The Submitting Adult understands that KFTV Content may be monetized and may generate advertising revenue, sponsorship revenue, licensing revenue, subscription revenue, merchandise revenue, digital-product revenue, or other income for KFTV.

7. EDITING, ALTERATION, CONTEXT, AND DERIVATIVE USES

The Submitting Adult gives KFTV complete creative and editorial discretion regarding the Submissions and KFTV Content. Without obtaining additional permission, KFTV may edit, shorten, excerpt, rearrange, crop, resize, combine, juxtapose, caption, subtitle, add text or graphics, add or remove backgrounds, add animation, music, sound effects, dialogue, narration or voiceovers, alter audio or visual appearance, apply filters, blur information, create visual effects, create compilations or derivative works, re-edit previously released KFTV Content, repackage or republish KFTV Content, and otherwise modify or adapt the Submissions or KFTV Content.

The Submitting Adult waives any right, to the fullest extent permitted by law, to inspect or approve the finished KFTV Content, any preliminary version, the context in which a Submission or the Participant appears, accompanying text, titles, thumbnails, graphics, advertising, promotional material, or any particular use authorized by this Agreement.

8. DIGITAL MANIPULATION, SIMULATION, AND TECHNOLOGICAL MODIFICATION

To the fullest extent permitted by applicable law, the Submitting Adult expressly consents, on behalf of the Participant where legally permitted, to KFTV’s use of digital editing, computer animation, visual effects, audio processing, artificial-intelligence tools, digital manipulation, simulation, reproduction, or other technological means in editing or modifying the Submissions, KFTV Content, or Participant’s Likeness.

This consent includes altered, modified, simulated, reproduced, or artificially recreated versions of the Participant’s appearance or voice when used in connection with KFTV’s content, brands, productions, promotion, advertising, or other uses authorized by this Agreement. Nothing in this Section authorizes a use that applicable law expressly prohibits notwithstanding the Submitting Adult’s consent.

9. TESTIMONIALS, REVIEWS, AND ENDORSEMENTS

If a Submission includes a testimonial, review, endorsement, statement of opinion, or description of an experience with Fun Squad Club, KFTV, its products, services, merchandise, or activities, the Submitting Adult represents and warrants that the statement reflects the Participant’s or Submitting Adult’s honest opinions, findings, beliefs, or actual experience and is not knowingly false or misleading.

KFTV may edit a testimonial for spelling, grammar, length, formatting, clarity, or presentation so long as KFTV does not intentionally change the material meaning of the testimonial. The Submitting Adult authorizes KFTV to disclose Club membership, discounts, free products, prizes, opportunities to appear in KFTV media, or other relationships or benefits associated with the testimonial when KFTV determines such disclosure is appropriate or legally required.

10. COMPENSATION; NO ROYALTIES; NO OBLIGATION TO USE

The Submitting Adult acknowledges that the opportunity to submit materials for possible consideration, recognition, publication, or inclusion in KFTV Content, together with any Club benefits or other good and valuable consideration that may apply, constitutes the agreed consideration for the rights granted in this Agreement. Except to the extent otherwise required by nonwaivable law or expressly provided in a separate written agreement signed by KFTV, neither the Participant nor the Submitting Adult shall be entitled to any additional wages, fees, royalties, residuals, usage fees, licensing fees, advertising revenue, YouTube revenue, sponsorship revenue, subscription revenue, merchandise revenue, product revenue, profit participation, copyright fees, trademark fees, digital-product revenue, or other payment or compensation now or in the future arising from the Submissions, KFTV Content, Participant’s Likeness, or KFTV’s authorized use thereof.

No promise is made that KFTV will use a Submission, provide a shout-out, feature the Participant, publish a testimonial, include the Participant in a video, or provide any future appearance, employment, publicity, followers, career opportunity, prize, compensation, or other benefit. KFTV may use all, some, or none of any Submission in its sole discretion.

11. NO CONTRACTUAL TAKEDOWN, EDITING, OR APPROVAL RIGHTS

Except for any right that applicable law expressly makes nonwaivable, the Submitting Adult and Participant shall have no contractual right to require KFTV or another authorized party to edit KFTV Content, modify KFTV Content, remove the Participant, blur the Participant, discontinue distribution, stop monetization, delete KFTV Content, remove KFTV Content from YouTube or another platform, alter a title, thumbnail, advertisement, magazine, website feature, or promotional material, or otherwise take down, suppress, restrict, or prevent a use expressly authorized by this Agreement.

The rights granted to KFTV do not terminate merely because the Submitting Adult or Participant later changes their mind. Nothing in this Section limits any deletion, access, revocation, or other privacy right that applicable law expressly makes nonwaivable, and KFTV will comply with legally binding obligations applicable to KFTV.

12. PUBLIC NATURE OF SUBMISSIONS; PRIVACY AND SENSITIVE INFORMATION

The Submitting Adult understands that a Submission selected for publication may become publicly available worldwide and may remain available for an extended period. Once KFTV Content is publicly distributed, third parties may copy, share, repost, archive, download, screenshot, or otherwise redistribute it outside KFTV’s direct control.

The Submitting Adult should not submit information that is unnecessary for the requested Fun Squad Club feature or that the Submitting Adult does not want potentially made public. Unless KFTV specifically requests it through an authorized and legally compliant process, the Submitting Adult should not include the Participant’s full last name, exact date of birth, street address, precise geolocation, school name, personal telephone number, personal email address, financial information, medical information, account passwords, or other sensitive personal information in a Submission.

KFTV may crop, blur, redact, omit, or decline to publish information that KFTV considers unnecessary, sensitive, inappropriate, unsafe, or inconsistent with KFTV’s policies. Collection, retention, security, access, deletion, and other handling of personal information remain subject to KFTV’s applicable Privacy Policy and any nonwaivable requirements of applicable privacy law.

13. THIRD-PARTY CONTENT, OTHER MINORS, AND INDEMNIFICATION

The Submitting Adult may submit information or media concerning only the Submitting Adult’s own child or a minor for whom the Submitting Adult is the legal guardian and authorized to act. The Submitting Adult shall not intentionally submit a friend’s child, an unrelated minor, or another child for whom the Submitting Adult is not a parent or legal guardian, unless KFTV separately authorizes the submission in writing and all required permissions have been obtained.

If any Submission includes another person, third-party copyrighted music, photographs, artwork, video, audio, trademarks used in a manner requiring permission, or other material owned or controlled by someone other than the Submitting Adult, the Submitting Adult represents and warrants that the Submitting Adult has obtained all permissions, licenses, releases, and consents necessary to permit KFTV to use the Submission as authorized by this Agreement. The Submitting Adult should not submit material for which the required rights have not been obtained.

In the Submitting Adult’s individual capacity, and to the fullest extent permitted by law, the Submitting Adult agrees to defend, indemnify, and hold harmless KFTV and its members, managers, owners, officers, employees, agents, affiliates, successors, assigns, licensees, distributors, contractors, producers, sponsors, advertisers, partners, and representatives from third-party claims, liabilities, damages, losses, costs, and reasonable attorney fees arising directly from the Submitting Adult’s material breach of the authority, ownership, permission, or accuracy representations contained in this Agreement, including an unauthorized submission concerning another person or another person’s child. This indemnity does not eliminate any independent legal duty imposed on KFTV that applicable law makes nonwaivable.

14. ADDITIONAL REPRESENTATIONS AND WARRANTIES

The Submitting Adult represents and warrants that the Submitting Adult has read and understands this Agreement, is accepting it voluntarily, has authority to grant the rights stated in this Agreement, has not entered into another agreement that would prevent the grant of these rights, has provided information that is materially accurate to the best of the Submitting Adult’s knowledge, understands that public KFTV Content may be viewed worldwide, and has had the opportunity to review this Agreement and KFTV’s applicable Privacy Policy before making the Submission.

KFTV may rely on these representations to the extent permitted by law. Nothing in this Agreement is intended to excuse KFTV from a verification, notice, consent, privacy, security, deletion, retention, or other obligation that applicable law independently requires KFTV to satisfy.

15. PAST AND FUTURE SUBMISSIONS

To the maximum extent permitted by law, this Agreement applies to Submissions previously provided to KFTV by the Submitting Adult concerning the Participant and to Submissions made after electronic acceptance of this Agreement through the same account or submission relationship, unless KFTV expressly states that a later submission is governed by different terms. The Submitting Adult ratifies and approves KFTV’s authorized receipt and use of prior Submissions to the extent legally permitted.

If KFTV materially changes this Agreement or its practices in a manner requiring renewed consent under applicable law, KFTV may require the Submitting Adult to review and accept updated terms before making additional Submissions.

16. ASSIGNMENT AND LICENSING BY KFTV

KFTV may assign, license, sublicense, transfer, distribute, or otherwise grant others the right to exercise KFTV’s rights in the Submissions and KFTV Content. KFTV’s rights under this Agreement shall benefit KFTV’s successors, affiliated entities, purchasers, licensees, distributors, platforms, sponsors, advertising partners, and assigns. The Submitting Adult may not transfer or assign obligations under this Agreement in a manner that limits or interferes with rights previously and validly granted to KFTV.

17. GOVERNING LAW; VENUE; SEVERABILITY; ENTIRE AGREEMENT

This Agreement shall be governed by and construed under the laws of the State of Utah, without regard to conflict-of-law principles. Except where applicable law requires otherwise, any lawsuit or judicial proceeding arising out of or relating to this Agreement shall be brought in a state or federal court located in the State of Utah, and the parties consent to personal jurisdiction in Utah. Where venue may lawfully be selected by agreement, venue shall lie in the Utah county in which KFTV maintains its principal place of business at the time the proceeding is commenced.

The parties intend this Agreement to be interpreted as broadly as legally permitted. If any provision is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent legally permissible or, if necessary, severed, and the remaining provisions shall remain in full force and effect. Any statutory or other right that applicable law expressly makes nonwaivable shall remain unaffected.

This Agreement addresses the submission and media-rights matters described herein and is in addition to KFTV’s applicable Terms of Service and Privacy Policy. If a separate written agreement signed or electronically accepted by KFTV expressly provides different compensation or specific rights for a particular Submission, that specific agreement controls as to that Submission. No oral statement modifies this Agreement.

18. ELECTRONIC ACCEPTANCE; CLICK-TO-AGREE CONSENT

This Agreement is intended to be accepted electronically. By affirmatively checking the required unchecked box associated with this Agreement and then submitting the applicable form, upload, or request, the Submitting Adult intentionally adopts an electronic signature, affirmatively manifests assent to this Agreement, and agrees that the electronic acceptance has the same force and effect as a handwritten signature to the fullest extent permitted by law.

The Submitting Adult acknowledges that the Agreement is made available for review before acceptance and may be retained or printed. KFTV may maintain electronic records relating to acceptance, including the date and time of acceptance, the version of the Agreement accepted, the account or member identifier associated with the submission, and other reasonable technical records used to document assent, subject to applicable privacy law.

The Submitting Adult may not submit a child’s information or media through the applicable submission feature unless the Submitting Adult first provides the required electronic acceptance. The Submitting Adult’s acceptance applies personally to the Submitting Adult and, to the fullest extent legally permitted, on behalf of the Participant identified in the submission.