My wife and I were interested in signing up for some training and use of the Virtual Range at the Gander Mountain Academy. It’s a very interesting facility available in a few places across the United States.
As I was signing up, I needed to agree to the Rules and Fees. I expected to read about the dangers of the facility (as there is a live-fire range there as well), but I didn’t expect to read that we would need to give up all rights to our likeness for any purposes forever. It’s unfortunately a typical clause in an sweepstakes where you’re being given something (for nothing). But, as the Gander Mountain Academy classes and ranges and simulators are anything but free, I certainly didn’t expect this:
(I can’t find a way to directly link to the agreement without putting a course in a cart. To see it for your self: https://gandermtnacademy.gandermountain.com/purchase-now/wichita-ks, pick training, then one of the courses, a Date/time, and then look for the Rules and Fees link near the bottom of the confirmation page)
2. Each Participant hereby grants Gander Mountain Company and its designees, and their respective affiliates, licensees, successors and assigns, (a) the right to capture, record or memorialize by use of any technology whatsoever, including, without limitation, by photography, video recording or audio recording, any Participant during any participation in any Gander Mtn. Academy activities; and (b) an unrestricted, absolute, universal, perpetual, irrevocable, non-royalty bearing, and transferable right and license (but not any obligation) to use, copy, reproduce, transmit, distribute, display, modify, perform, present, publish, transform, create works and derivative works, and otherwise promote or utilize each of their image, likeness, voice, words and/or other personal attributes captured, recorded or memorialized in any manner by Gander Mtn. Company or its designees, in any form, format, medium or media whether now or hereafter existing (including, without limitation, print, direct mail, catalog, in-store display, online, mobile or wireless communications, radio or television broadcast, telecast or photograph), in whole or in part, individually or in conjunction with other photographs, recordings, images or materials, whether in a realistic, artistic or composite rendering, for any purpose whatsoever (including, without limitation, in connection with the creation, advertising, sale and/or promotion of any products and/or services of Gander Mountain Company and/or its designees (including, without limitation, the Gander Mtn. Academy), and without any consideration, notice, consent or attribution by or to any of them or any third party. Each Participant hereby forever and irrevocably waives any rights to any of the foregoing and understands and agrees that Gander Mountain Company and its designees are the exclusive owners of any and all right, title and interest, including copyright, in and to any such materials.
I’m sure they have security cameras, and I accept that they are recording the people who come and go through their facility, but this is far far over the top.
Essentially, they can later use your likeness, including your voice, and words in any way they see fit.
We’re not using their facility or shopping at any of their stores until this changes. I encourage you to do the same. And tell Gander Mountain why!
If I hear back from them, I’ll update this post. What do you think of their terms?