Photo & Testimonial Release

This Release covers the photographs, video, audio, written testimonial, quote, name, and likeness that you agree to provide or that you separately submit to Encore (the “Content”).

You grant Encore a worldwide, continuing, royalty-free, non-exclusive, transferable license (sublicensable to Encore’s service providers and distribution channels) to use, reproduce, edit, adapt, display, publish, and distribute the Content, in whole or in part, in Encore’s marketing and on the Encore platform and its channels (including social media and its website). Encore has no obligation to use the Content and may stop using it at any time.

You represent that any testimonial, quote, review, or statement in the Content reflects your honest, genuine experience and your actual use of Encore’s platform or a stylist’s services; that the opinions are your own; and that the Content is truthful and not misleading. You understand that Encore may publish the Content in its advertising, and you authorize Encore to disclose, clearly and conspicuously and in connection with that use, any material connection between you and Encore (for example, that you received free or discounted services, a gift, a discount, or other consideration in connection with the Content), as the Federal Trade Commission’s endorsement guidelines and the law require. You agree to promptly tell Encore if your views change in a way that makes a published statement no longer accurate.

You permit Encore to use your name, likeness, and voice as part of the Content, and you waive any claim based on rights of privacy or publicity arising from the uses permitted by this Release. You waive any right to inspect or approve the finished materials, and you waive any claim, including for defamation or false light, based on the editing, cropping, alteration, blurring, composite use, or context of the Content in the uses this Release permits. This waiver does not extend to use that is knowingly false or defamatory, or to any use outside the uses permitted by this Release. This Release also does not extend to any use that falsely suggests you endorse a particular client, product, or outcome that you did not in fact endorse. Encore’s use of the Content does not make you Encore’s employee, agent, partner, or joint venturer. If you are a stylist, you provide your services under your own name as an independent professional, and nothing in Encore’s use of the Content holds you out as Encore’s employee or agent or as performing services by or on behalf of Encore.

This Release covers claims relating to the permitted uses of the Content whether known or unknown to you. If you are a California resident, you expressly waive the protection of California Civil Code Section 1542 as to those claims. Section 1542 provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you reside elsewhere, you waive the protection of any comparable statute or doctrine to the same extent. This waiver does not apply to any claim that cannot be waived under applicable law, including any claim for Encore’s fraud, willful injury, or violation of law (Civil Code Section 1668), and any non-waivable right under the California Labor Code or other worker-protection law; any such claim is excluded from this waiver.

You understand you will not receive payment for this Release unless separately agreed in writing, and you confirm that you are 18 years of age or older.

You may revoke your consent for future use of the Content by contacting Encore at hello@encorestylist.com. Revocation is prospective only and does not apply to uses already made: Encore will stop using the Content and remove it from materials Encore controls going forward, except where it is impractical to recall copies already distributed, published, or sublicensed.

This Release is governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to this Release is resolved under the Encore Arbitration Procedure, which is part of the Encore Terms of Service and, for stylists, the Encore Stylist Agreement.