IMAGE USE AGREEMENT

Callaway Golf Company Image Use Agreement

Callaway Golf Company and its subsidiaries (collectively referred to herein as “Callaway Golf,” “we” or “us”) like your image and know others will benefit from seeing it on our website, in advertisements, on Social Media channels, and on retailers’ websites. As you consider allowing us to publish your image, we want to make sure you know exactly how we intend to use it.

You can provide your permission for Callaway Golf to use your image by replying to our Instagram or Twitter post with #usemyimage, or by uploading an image directly. You grant Callaway Golf a transferable, non-exclusive and non-revocable commercial right to reproduce, edit, alter, modify and otherwise use the image in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without territorial or time restrictions or limitations. You agree that your image may be used by Callaway Golf either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. Callaway Golf may also use your name or Social Media handle associated with the image you have submitted.

By providing your permission, you represent and warrant that you own the image and that you can grant all rights herein without violating the legal or equitable rights of any third party, including without limitation copyright, patent, trademark, right of privacy, and right of publicity. You further agrees to indemnify, defend and hold harmless Callaway Golf and its directors, shareholders, agents, employees, officers, representatives, heirs, executors, administrators, successors and assigns, against and from any and all claims, actions, demands, damages, liabilities, costs and penalties, including reasonable attorney’s fees, arising directly or indirectly from infringement or claim of infringement of third party rights, including trademark, copyright, right of privacy, patent and right of publicity from the use of the image by Callaway Golf. You agree to release Callaway Golf, and its directors, shareholders, agents, employees, officers, representatives, heirs, executors, administrators, successors and assigns from and against any costs, claims, damages, liabilities or any kind that you may have which may arise from Callaway Golf’s use of your image as provided herein.

You waive any right to inspect and/or approve the finished work incorporating the image or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your image or our finished work. Callaway Golf does not guarantee that the image will be used and Callaway Golf shall not have liability to you if your image is not used.

Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Permission to Use Image Agreement shall remain in full force and effect. This Permission to Use Image Agreement shall be governed by the laws of the state of California.

If you don’t agree to these terms, we completely understand and no further action is required. We are thrilled to see Callaway Golf as a part of your page and look forward to seeing any new photos you post as well.

Thanks again and please email us at webmaster@callawaygolf.com if you have any questions.