WAIVER AND RELEASE

DIESEL GLOBAL STREET ART CALL TO ACTION – COMPLEXCON 2024

I, the undersigned, for good and valuable consideration (including my opportunity to participate in the Project), the receipt and sufficiency of which are hereby acknowledged, hereby agree as follows to this Waiver and Release (“Waiver and Release”):

Participation. I voluntary choose to participate in the Diesel Global Street Art Call to Action being held at ComplexCon 2024 on November 16-17, 2024 in Las Vegas, Nevada (“Event”) at which participants may spray paint and create graffiti, street art works and similar art on large, massive swaths of fabric that will be then collected and shipped to Milan to be used, inter alia, for Diesel’s Spring/Summer 2025 Fashion Show (“Project”). I acknowledge and agree that I will not be compensated for my participation.

Imagery and Materials. I hereby grant to Diesel S.p.A. (with a registered office at Via dell’Industria 4-6, 36042 - Breganze (VI) Italy, Tax Code and VAT No. 00642650246) and its affiliates, subsidiaries and parent companies, and each of their respective subcontractors, vendors, partners, licensees, sublicensees, officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Diesel”) the right and permission to use any art work, graffiti, submissions, materials, photographs, videos, and biographical information produced, created, or made by me at the Event or otherwise provided by me to Diesel at the Event (collectively, “Materials”) and to record my appearance and participation on any audiotape, videotape, film, still photography, or any other medium (now known or later developed) (collectively, the “Imagery”) during the Event or as part of my participation at the Event (the “Appearance”) without any consideration to, or review or consent by, me. I agree that any Materials and Imagery, as well as all copyrights and other intellectual property and proprietary rights therein (excluding my Publicity Rights (as defined below)), are solely and exclusively owned by Diesel and may be used by Diesel without restriction or limitation. I waive all rights, including any attribution rights, related to the Materials and Imagery. I understand that I will receive no compensation whatsoever for my participation in the Appearance or for any rights or uses granted in this Waiver and Release.

Publicity Rights. I, together with and on behalf of my heirs, representatives, and successors and assigns of the foregoing, hereby expressly grant Diesel a non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up, worldwide, transferable right and license in any media (now known or later developed), to use, assign, sublicense, reproduce, reproduce, modify, adapt, exhibit, perform, display, publish, distribute, broadcast, transcribe, copyright, create derivative works of, or otherwise exploit my name, signature, likeness, image, picture, performance, statements, silhouette, voice, and biographical information (collectively “Publicity Rights”) within, or in conjunction with, the Imagery and the Materials, for commercial or non-commercial use, including in relation to advertising, social media, website(s), and any printed materials, or to refrain from doing so, without any notice or compensation to, or review or consent by, me, and without regard to moral rights, unless prohibited by law.

RELEASE. I UNDERSTAND THAT THIS RELEASE SERVES AS A LEGAL WAIVER UNDER APPLICABLE LAW. I hereby forever release and discharge Diesel from any and all claims, actions, or demands, whether brought by me, or someone acting on my behalf, arising out of, or in connection with, the use of the Imagery, the Materials, or the Publicity Rights, including, without limitation, any and all claims related to (a) blurring, distortion, alteration, optical illusion, or use in any composite form that may occur or be produced in the taking of any photograph, video, film, or image, or the processing or publication thereof; (b) invasion of privacy; or (c) libel. I hereby release and hold harmless Diesel from any reasonable expectation of privacy or confidentiality for myself associated with the Imagery, the Materials, the Publicity Rights. I acknowledge and agree that publication of the Imagery, the Materials, the Publicity Rights confers no rights of ownership or royalties whatsoever. This Release shall inure to the benefit of the assigns and successors of Diesel, and shall bind the personal representatives, heirs, successors and assigns of myself. Diesel shall not be liable for any direct, consequential, special, indirect, punitive, exemplary, or incidental damages in connection with this Waiver and Release, even if Diesel has been advised of the possibility of such damages. I hereby agree to indemnify and hold Diesel harmless against any and all claims, suits, liabilities, damages, awards, judgments, costs and expenses (including reasonable attorneys’ fees) incurred as a result of or arising from my breach of this Waiver and Release.

Representations and Warranties. I represent and warrant that (a) I am at least 18 years of age (if in Alabama or Nebraska, 19 years of age; if in Mississippi, 21 years (or if under 18, my parent or legal guardian will sign below to signify consent on my behalf to the terms and conditions of this Waiver and Release); (b) I have the right, power, and authority to grant the rights set forth herein; and (c) any statements made by me during my appearance are true and that neither my statements nor my appearance will violate or infringe upon the rights of any third party.

Rights and Remedies. I agree that I will have no right to terminate or rescind this Waiver and Release or enjoin or restrain the development, production, publication, distribution, exhibition, or other exploitation of my Appearance or any ancillary content or materials produced in connection therewith and I hereby waive any right to injunctive or other equitable relief in the event of a dispute with Diesel.

Governing Law. This Waiver and Release shall be governed and construed in accordance with the laws of the State of New York without regard to its choice of law provisions. Any controversy or claim arising out of, or relating to, or referring to any provision of this Waiver and Release, or the breach thereof, that cannot be decided after good faith negotiations, must be resolved solely by final and binding arbitration in New York County, New York, administered by Judicial Arbitration and Mediation Services (“JAMS”). The demand for arbitration must be filed in writing by either Party. The arbitration will be held before a sole arbitrator and conducted pursuant to the JAMS Comprehensive Arbitration Rules & Procedures then in effect (the “JAMS Rules”) and under the authority of the Federal Arbitration Act.

Miscellaneous. Diesel may collection personal data from me and I acknowledge and agree that Diesel will use my data in accordance with any of its applicable privacy policies. This Waiver and Release constitutes the entire understanding and agreement between me and Diesel with respect to the subject matter of this Waiver and Release and supersedes all earlier discussions, understandings, or agreement between me and Diesel. This Waiver and Release shall be binding upon and inure to the benefit of me and Diesel, my and Diesel’s successors and permitted assigns. All notices and demands of any kind which either party may be required to serve upon the other party under the terms of this Waiver and Release shall be in writing and shall be served upon such other party by nationally recognized overnight courier providing a receipt for delivery, by certified or registered mail, postage prepaid, with return receipt requested, or by personal delivery at the applicable address set forth below or to such other address as that party may designate in writing. Notices will be deemed effective upon the date of receipt (or refusal of delivery) and sent, if to me: clientservice@diesel.com and if to Diesel: DIESEL US INC, 220 W 19th Street, New York, NY 10011. The illegality, invalidity, or unenforceability of any provision of this Waiver and Release (as determined by a court of competent jurisdiction) shall not affect the legality, validity, or unenforceability of the remaining provisions, and this Waiver and Release shall be construed in all respects as if any illegal, invalid, or unenforceable provision were omitted. No waiver by Diesel of a breach of any provision of this Waiver and Release shall be effective unless made in writing by Diesel and no such waiver shall be construed as a waiver of any subsequent or different breach by me. No forbearance by Diesel to seek a remedy for noncompliance or breach by me shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach by me. The section headings used in this Waiver and Release are provided solely for reference and convenience, form no part of this Waiver and Release, and shall not affect its interpretation. I agree that Diesel shall have the right to assign this Waiver and Release and the rights granted by me hereunder and any or all of its rights and obligations to any party or entity. I shall have no right to assign this Waiver and Release, in whole or in part, without the prior written consent of Diesel. This Waiver and Release may be executed by PDF or electronic signature, which shall be deemed an original.