Any member who proposes to name a daylily after a person who is deceased,
is required to make every effort to gain permission to use the name from
the estate of the deceased person. Any member who uses the name of a
deceased person shall assume all legal responsibility for the use of the
deceased person's name. Further, it is understood that any member who names
a daylily by using the name of a deceased person herewith agrees, by signing
this document, to indemnify and hold the American Hemerocallis Society,
its Regions, employees, officers, directors and its successors and assigns
harmless from any and all claims regarding such conduct, including payment
of court costs, expenses and reasonable attorney's fees.
The right to use any proposed cultivar name may also be subject to copyright
and/or trademark rights held by third persons. While the registrar may
reject any proposed cultivar name on the grounds that the proposed cultivar
name may possibly violate copyright and/or trademark rights held by third
persons, the acceptance of a proposed cultivar name by the registrar does
not constitute a determination that such copyright and/or trademark rights
of third persons have not been violated and the undersigned hereby agrees,
by signing this document, to indemnify and hold the American Hemerocallis
Society, its Regions, employees, officers, directors and its successors
and assigns harmless from any and all claims of copyright and/or trademark
infringement, including payment of court costs, expenses and reasonable
attorney's fees.
The undersigned hereby acknowledges that by submitting a photograph of the
cultivar being registered as required by the registration rules of the
American Hemerocallis Society as registrar of the genus Hemerocallis, or
for use in the online cultivar database maintained by the American
Hemerocallis Society, that the undersigned hereby grants the American
Hemerocallis Society and its Regions the right to reprint or republish such
photograph in the online database maintained by the American Hemerocallis
Society; in any of the newsletters or journals published by the American
Hemerocallis Society or any of its Regions; to publish such photograph on
any website maintained by or on behalf of the American Hemerocallis Society
or any of its Regions; and to publish such photograph in any other
publication published by the American Hemerocallis Society or its Regions
in the ordinary course of its educational and scientific activities.
The undersigned represents and warrants that he is the owner of all
copyright rights with respect to the article and/or photograph submitted
to the American Hemerocallis Society other than those rights otherwise
granted to the American Hemerocallis Society herein or by law. The
undersigned shall retain ownership of all individual copyright rights
in the photograph covered by this agreement except for those rights
granted to the American Hemerocallis Society herein or by law. The term
"photograph," as used herein, shall be any and all still photography
in any format, as well as videotape, video disc any other mechanical
means of recording and reproducing images.
The undersigned has entered into this agreement in order to assist
educational, scientific, and charitable goals and hereby waives any right
to compensation for such uses by reason of the foregoing authorizations,
and the undersigned and his successors or assigns hereby hold the American
Hemerocallis Society its Regions, employees, officers, directors and its
successors and assigns harmless from and against any claim for injury or
compensation resulting from the activities authorized by this agreement.
