Testimonial Release

Testimonial Notice and Release

LAST UPDATED OCTOBER 27, 2022

This Release forms part of the Kate Farms Terms of Use, an agreement between you and Kate Farms, Inc. d/b/a Kate Farms (“Kate Farms,” “Company,” “we,” “us,” or “our”).

Please read this Testimonial Notice and Release (“Release”) carefully before submitting your customer review through our website (https://www.katefarms.com), a third-party platform such as Yotpo, or before submitting your story through our Share Your Story Form (“Form”).

By submitting your contact information, review, story, and/or photos and videos (collectively, the “Testimonial”) through our website, a third-party platform or via the Form, on your own behalf or on behalf of your minor child or legal ward as their parent or legal guardian, you hereby agree to the following:

1. You grant us the right to use some or all of your, and, if applicable, your child or legal ward’s, name, image, voice, and likeness (collectively, “Likeness”) in connection with the Testimonial, including to advertise and promote, in print (including packaging), television, radio, film, digital media (including internet, social media, websites, and apps), and in all other media now known or hereafter existing for advertising, marketing, publicity, the Company and/or its products and brand and all other commercial business purposes.

2. You understand and acknowledge that the Company (a) will be under no obligation to use the Testimonial or Likeness and (b) has the right to use the Testimonial and/or Likeness with or without your name, and if applicable, your child or legal ward’s name.

3. You waive the right to inspect or approve any use by Kate Farms of the Testimonial and Likeness.

4. You certify that: (a) the Testimonial is true and accurate and reflects your, and if applicable, your child or legal ward’s, personal experience and honest beliefs; and (b) you made the Testimonial of your own free will.

5. You acknowledge and agree that you will receive no compensation, consideration or royalties from the Company other than any goodwill and publicity that you may receive relating to Company's use of the Testimonial and/or Likeness.

6. This Release contains the entire agreement of the Company and you with respect to the Testimonial and Likeness and supersedes all prior and contemporaneous written and oral understandings, agreements, representations, and warranties with respect to the Testimonial and Likeness. This Release and all matters arising out of or relating to this Release are governed by and construed in accordance with the laws of the State of California without giving effect to any conflict of laws provisions of the State of California that would result in the application of the laws of a different jurisdiction. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in California and you hereby consent to the exclusive jurisdiction of such courts.