PHOTOGRAPHY, VIDEO AND TESTIMONIAL CONSENT

This is a separate and optional consent. You are not required to sign this document to receive services from Tristar Performance Limited ("Tristar Performance").

1. Purpose of this Consent Form

This consent form records your consent for Tristar Performance to collect, use, publish and store photographs, video footage, audio recordings, written comments and testimonials involving or provided by you.

This form is intended to ensure you understand:

  • what information and material may be collected;

  • how Tristar Performance may use that material;

  • where the material may appear;

  • how long the material may be used; and

  • whether, and how, consent may be withdrawn.

2. Material Covered by this Consent

Subject to the options selected below, you consent to Tristar Performance collecting and using the following material, whether captured before, on or after the date of this consent form:

  • photographs and still images of you;

  • video recordings featuring you;

  • audio recordings of your voice;

  • written statements, quotes, reviews, feedback, case study comments or testimonials provided by you;

  • your name, role, organisation, image, likeness, voice and biographical information, where relevant to the intended use; and

  • any edited, cropped, excerpted or formatted version of the above material,

together known as the “Material”.

Notwithstanding the above, "Material" does not include any image or footage where your personal health data, test results, or identifiable physiological information is visible without first obtaining your prior written consent.

3. Description of the Collection

The Material may be collected by or on behalf of Tristar Performance in connection with:

  • participation in the delivery of the Services provided by Tristar Performance or at an event held by Tristar Performance;

  • customer, client, staff, contractor, stakeholder or community engagement;

  • marketing, advertising, promotional or educational activities; and

  • preparation of case studies, social media content, website content, brochures, presentations or other communications.

The Material may be collected in person, online, by email, through surveys or feedback forms, during recorded interviews, at events, or through other communications with Tristar Performance.

4. Consent to Use the Material

You give Tristar Performance permission to use, reproduce, publish, communicate, display, distribute, edit and adapt the Material for the purposes set out in this consent form.

This consent includes permission for Tristar Performance to:

  • use the Material for promotional, marketing, advertising, educational, internal communication, public relations and media purposes;

  • use the Material for academic related research, presentations and publications, provided a specific research or case study consent form has been obtained from you allowing the Material to be used for this purpose;

  • identify you by name, role, organisation or other relevant details, unless you have requested anonymity under clause 12;

  • edit, crop, format, excerpt, caption, subtitle or combine the Material with other content, provided the use is not misleading or derogatory;

  • reproduce the Material in any format or medium, including digital, print, audio-visual and online formats;

  • share the Material with Tristar Performance's employees, contractors, agencies, professional advisers, media partners, publishers, platform providers and service providers for the purposes described in this consent form; and

  • use the Material in New Zealand and overseas.

5. Where the Material May Appear

You understand and agree that the Material may appear in or on any of the following:

  • Tristar Performance's website and landing pages;

  • social media platforms, including LinkedIn, Facebook, Instagram, TikTok, YouTube, X/Twitter and other platforms used by Tristar Performance;

  • email newsletters and electronic direct mail;

  • digital advertising, sponsored posts and online campaigns;

  • printed publications, brochures, flyers, posters, reports and proposals;

  • presentations, webinars, training materials and conference materials;

  • media releases, articles and public relations materials;

  • case studies, customer stories and testimonials;

  • academic papers, presentations and publications, provided a specific research or case study consent form has been obtained from you allowing the Material to be used for this purpose;

  • internal communications and staff training materials;

  • third-party platforms used by Tristar Performance, including hosting, marketing, analytics, design, printing, publishing and distribution services; and

  • any other communication channel reasonably connected with the purposes described in this consent form.

You acknowledge that, once the Material is published online or shared with third parties, it may be copied, shared, indexed, stored or redistributed by others outside Tristar Performance's control.

6. Duration of Consent

Unless withdrawn in accordance with clause 9, this consent continues indefinitely from the date of this form.

Tristar Performance will stop making new uses of the Material if consent is withdrawn, but may continue to retain archival copies where reasonably required for legal, record-keeping, evidential, compliance or administrative purposes. Tristar Performance will not be required to remove the Material from any publication where it already appears at the time consent is withdrawn.

7. No Payment or Approval Rights

Unless otherwise agreed in writing:

  • you will not receive any payment, royalty or other compensation for the use of the Material;

  • you will not have any right to inspect or approve the final form of the Material before publication; and

  • Tristar Performance is not required to use or publish the Material.

8. Privacy and Personal Information

You understand that the Material may include personal information under the Privacy Act 2020.

Tristar Performance collects the Material for the purposes described in this consent form. The Material will be held in accordance with Tristar Performance's Privacy Policy (tristarperformance.co.nz/privacy) and may be stored electronically or physically by Tristar Performance or by third-party service providers engaged by Tristar Performance. Some service providers, platforms or recipients may be located outside New Zealand.

You have the right to request access to, and correction of, personal information held by Tristar Performance in accordance with the Privacy Act 2020.

Privacy contact:

Name: Tony Beaumont

Address: 7/15-17 Southern Cross Road, Rangiora 7477

Email: complaints@tristarperformance.co.nz

Phone: +64 27 421 1238

9. Withdrawal of Consent

You may withdraw consent by giving written notice to Tristar Performance using the contact details in clause 8.

If consent is withdrawn, Tristar Performance will take reasonable steps to stop making new uses of the Material as soon as reasonably practicable.

You acknowledge that withdrawal of consent will not:

  • affect any use, publication or disclosure of the Material that occurred before Tristar Performance received the withdrawal notice;

  • require Tristar Performance to recall, remove or destroy printed materials already produced or distributed;

  • require Tristar Performance to remove Material from third-party websites, social media platforms, search engines, archives or publications where removal is outside Tristar Performance's reasonable control;

  • prevent Tristar Performance from retaining copies of the Material where required or reasonably necessary for legal, compliance, evidential, archival or administrative purposes; or

  • affect any rights or obligations that have already accrued.

Upon receiving a withdrawal notice, Tristar Performance will take reasonable steps to remove the Material from channels controlled by Tristar Performance, subject to the limitations above.

10. Your Warranties

You confirm that:

  • you have voluntarily provided the Material and signed this consent form;

  • you are at least 18 years old, or have obtained parent or guardian consent under clause 12;

  • any testimonial, statement, review or feedback provided by you is true and reflects your honest opinion or experience at the time it is given;

  • you have not been required to provide a testimonial or statement as a condition of receiving goods or services, unless that requirement has been clearly disclosed;

  • you have the authority to provide any statement made on behalf of an organisation, if applicable; and

  • you understand the nature and effect of this consent form.

11. Editing and Context

Tristar Performance may edit the Material for length, clarity, style, format, grammar, accessibility, branding or technical purposes.

Tristar Performance must not knowingly use the Material in a way that materially changes the meaning of your testimonial or statement, or that is misleading, defamatory, offensive or derogatory.

12. Parent or Guardian Consent for Participants Under 18

This clause applies if the Participant is under 18 years old.

Parent/Guardian full name:  ________________________________

Relationship to Participant:  ______________________________

Address:  ____________________________________________________

Email:  ______________________________________________________

Phone:  ______________________________________________________

The parent or guardian confirms that they have read and understood this consent form and consent to the collection and use of the Material involving the Participant on the terms set out in this form.

Photography and Video Options

Please select from the following options:

☐ Yes   ☐ No     I consent to photographs being taken of me during Tristar Performance sessions or events.

☐ Yes   ☐ No     I consent to video footage being taken of me during sessions or events.

☐ Yes   ☐ No     I consent to photographs or video of me being used on Tristar Performance social media platforms (Instagram, Facebook, YouTube).

☐ Yes   ☐ No     I consent to photographs or video of me being used on the Tristar Performance website.

☐ Yes   ☐ No     I consent to photographs or video of me being used in printed marketing materials.

If yes to any of the above, please indicate how you consent to being identified:

☐  First name only

☐  Full name

☐  No name (image only)

☐  Other:  _____________________________________

13. Testimonials and Case Studies Options

Please select from the following options:

☐ Yes   ☐ No     I consent to Tristar Performance using quotes or paraphrased statements from me as testimonials in marketing materials.

☐ Yes   ☐ No     I consent to Tristar Performance using a de-identified summary of my assessment results as a case study in marketing materials, educational content, or the coach education workshop programme.

☐ Yes   ☐ No     I consent to Tristar Performance using an identified summary of my assessment results as a case study, with my name and sport disclosed.

14. Acknowledgement and Signature

By signing below, you confirm that you:

  • have read and understood this consent form;

  • have had the opportunity to ask questions about the collection and use of the Material;

  • consent to the collection, use, publication, storage and disclosure of the Material on the terms set out in this form; and

  • understand that consent may be withdrawn only in accordance with clause 9.

Download the Photography, Video and testimonial Consent Form here.