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Content Ownership and Usage for Influencer/Content Creator

Carolina Pintos Therapy, PLLC
11777 Katy Freeway Suite 260 South,
Houston, TX 77079

This Content Ownership and Usage Agreement (the “Agreement”) is entered into by and between Carolina Pintos Therapy on behalf of itself, its current, past, and future subsidiaries and other corporate affiliates, and its successors and assigns (the “Company”), and the social media influencer or content creator (the "Contractor"), as of the date of execution of this Agreement (the “Effective Date”).

The primary objective of this Content Ownership and Usage Agreement is to unequivocally establish that all video and image content created, produced, published, or edited by the Contractor, which features, mentions, or is in any way associated with Carolina Pintos Therapy, is the exclusive property of Carolina Pintos Therapy, PLLC. This agreement is intended to ensure that the Company maintains complete ownership and control over its brand image and messaging across various media platforms. It encompasses all forms of digital content, including but not limited to social media posts, marketing videos, promotional images, and any other visual media created in the context of the Contractor’s engagement with the Company. Additionally, this agreement mandates that such content, residing on the Contractor's platforms, remains accessible and unaltered for a specified period post-contract, to uphold the continuity and integrity of the Company’s online presence and branding efforts.

Ownership of Content: The Company retains full ownership of all videos and images that explicitly feature or mention Carolina Pintos Therapy, regardless of the medium or platform where the content is published. This includes, but is not limited to, content created by the Contractor, content published on the Company’s platforms, and any content produced or edited by the Contractor on behalf of the Company. The Contractor acknowledges that all such content is the sole property of Carolina Pintos Therapy and is created for the exclusive use and benefit of the Company.

Usage Rights and Restrictions: The Contractor shall not use, reproduce, distribute, or allow the use of the aforementioned content outside the scope of their contract with the Company without prior written consent from Carolina Pintos Therapy. The Contractor agrees to credit Carolina Pintos Therapy appropriately in all content where the Company's name, services, or trademarks are used or featured.

Post-Contract Content Retention: Upon the termination or conclusion of the contract, any content featuring or mentioning Carolina Pintos Therapy, or created for the Company, that resides on the Contractor's platforms, must remain accessible and intact for a period of one (1) year. The Contractor agrees not to alter, remove, or obscure such content during this one-year period, ensuring its availability and consistency with the Company's brand image and messaging.

Violations and Remedies: Any violation of this Policy may result in legal action to protect the Company's proprietary interests and intellectual property rights. The Company reserves the right to seek injunctive relief, damages, or any other remedies available by law in case of any breach of this Policy by the Contractor.

Acknowledgment and Agreement: The Contractor acknowledges they have read, understood, and agreed to abide by the terms and conditions of this Policy as an integral part of their contract with Carolina Pintos Therapy.

Successors and Assigns: To the extent permitted by state law, the Employer may assign this Agreement to any subsidiary or corporate affiliate or to any successor or assign (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the business or assets of the Employer. This Agreement shall inure to the benefit of the Employer and permitted successors and assigns. The Contractor may not assign this Agreement or any part hereof. Any purported assignment by the Contractor shall be null and void from the initial date of the purported assignment.

Attorneys' Fees: If the Contractor breaches any of the terms of the restrictive covenant obligations in this Agreement, to the extent authorized by state law, the Contractor will be responsible for payment of all reasonable attorneys' fees and costs the Employer incurred in the course of enforcing the terms of the Agreement, including demonstrating the existence of a breach and any other contract enforcement efforts.

Choice of Law and Forum Selection: This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the State of Texas applied without regard to conflict of law principles. Any action or proceeding by either party to enforce this Agreement shall be brought only in any state or federal court located in the state of Texas, in the county where the Company is located.

Severability: Should any provision of this Agreement be held by a court of competent jurisdiction to be enforceable only if modified, or if any portion of this Agreement shall be held as unenforceable and thus stricken, that holding shall not affect the validity of the remainder of this Agreement, the balance of which shall continue to be binding on the Contractor and Employer with any modification to become a part of and treated as though originally set forth in this Agreement.

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December 19, 2023 10:04 am CST

Content Ownership and Usage for Influencer/Content Creator Uploaded by Carolina Miranda Pintos - [email protected] IP 2600:1700:ca1:8000:d065:3a8e:fdf6:4d52