NTA (I AND GENERAL RELEAS!
This Setlement Agreement And General Release (“Agreement”) is mde and entered into
by and berweon Avid Dating Life Burope Ireland Limited, ("Avi"), onthe one band, and Her
Majesty the Queen of Spain, Ms. Sophia of Greece ("Queen Soph", an individual resient in
“Madrid, Spain (collectively, the “Pats
WHEREAS Queen Sophis fied civil waitin the Court of First Instance of Madei,
Spain against Avi, The Ashley Madison Agency Limited, Avid Dating Life Ie, and Christoph
Ketemer, as cour fe number 1462/2012 (the "Lawsuit
AND WHEREAS the Pasties hereto desire to settle all ifererces, disagreements, and
isputes that exist or may exist between them in connection with the Lawsuit and an advertising
campaign by Avid for Ashleymadizoncom using Queen Sophia's image in Spain (the
“Advertsing Campaign”). Avid denies any wrongdoing egal conduct, or lability whasbever
nits part, but nevertheless as concided that its in ts best interests te sete these disputes on
the tem st forth rein
NOW, THEREFORE, pursuant this dase and in consideration of the mutual promises
contained hei, the Paris hereto agre a follows
|, Avid will remove the Advertsing Campaign ard ll uses of Queen Sophia's image fom
‘ny publications in any media, as soon as ressonably possible upon execution of this
‘Agreement
2. Avid undertakes nt to se Queen Sophia's image in any fatureaivertsing campaigns
3. Avid wil publish the epology attached as Schedule "A" in five Spanish newspapers of
‘Queen Sophie's choice as soon as reasonably possible upon execution ofthis Agreement
4. Queen Sophia's legal counsel will obtain from the Court a disnisal of the Lawsuit on
consent without legal costs payable by either party, a8 soon as reasonably possible upon,
execution ofthis Agreement
5. This Agreement is executed pursuant to a compromise and setlement entered into by
cach party hereto without any admission of lability to the alher, but solely for the
Purpose of avoiding costly tigation, further uncertainty, controversy, and legal expense
6. Each party shall bear its own legal fees and costs incurred in the caput,
7. Queen Sophia, on behalf of herself her hers, executors, assis, representatives, and
agents, does hereby release and absolutely forever discharge Avi, and its successors,
subsidiaries, parents, assigns, agents, alates, representatives, officers, directors, and
employees (the "Releasees’), of and from any and all claims, denands, debts, labile,
‘obligations, accounts, and causes of ation of every kind and nate whatsoever, which ithd oF now has against the Releases, arsing out of or rebated to the Advertsing
Campaign.
Queen Sophia represents and warrants that no portion of any claim, demand, debt,
linbity, account obligation, or cause of action rleaced heroin. has boon accigned oF
transferred to any ther person or enity. Queen Sophia agrees to indemnify, defend, and
hold harmless each other party from all bss, costs, clans, oF expenses including, but not
Tinted to, all expenses of investigation and defence of any such chim or action, inching
reasonable legal fees and costs) arising out of any claim made or action instituted by any
person or entity who claims to be the beneficiary of sich assignment of transfer and to
ay and satisfy any jadgment resulting fom or any settlement of any suc claim or action,
Each party signing ths Agreement warrants and represents to the other that it bas fill
authority to execute the same on behalf of such party. Each party hereto agrees to
execute all documents and instruments necessary to implement this Agreement,
The Paries, and each of them, acknowledge that they have been represented in the
negotiations for and ithe preparation ofthis Agreement by legal counsel of their own
choice or wth fill knowledge and understanding ofthe terms of this Agreement
In the event that either party should bring any ation, suit, or ther proceeding on any
claim, demand, debt, linbilty, obligation, account, oF cause of action herein discharged
ted released, or contesting the vality of this Agreement, or attempting to enforce the
tems and provisions ofthis Agreement or to obtain any remedy or rele for any breach
ofthis Agreement, oF to rescind, engage, modify, or reform this Agreement or ay ofthe
terms or provisions hereof, the prevailing party shall recover such partys reasoaablekzal
fees incurted in each and every such action, suit, or other proceeding, including any and
all appeals or petitions therefrom.
‘This Agreement shal be biting upon and inure tothe benef of each of the Parties, their
respective assigns, successors in interes, and legal represertatves
‘This Agreement shall be governed by Spanish law without regard to confct of ws
provisions thereof. The sole jurisdiction and venue for any dispute related to this
‘Agreement shal be the courts located in Madrid, Spain and the Parties hereby consent to
‘sich urdition and venue
This Agreement may be executed in counterpart and email or facsimile copies of signatures shall
be deomed originals.Dats Avid Dating Life Europe Limited (ireland)
By
Dan Begiay, Managing Director
Dated:_12/0472013, By_
Bute Hermandez Gi
Antonio Hemine-GilSCHEDULE“A”
DISCULPA PUBLICA / PUBLIC APOLOGY
Lot representantes de SM LA REINA DONA SOFIA y de AVID DATING LIFE
EUROPE IRELAND LTD, enidadpropietaria de la firma ASHLEY MADISON, hn legado 3
tn acuerdo para poner final procedumiento inicido por SM LA REINA ante los lazgados de
Madr para que se declaara que la campaia publicitaria de ASHLEY MADISON en que se
utliz6 Ia imagen de Su Majesiad vuleraba el derecho fundamental a su propia imagen
AVID y ASHLEY MADISON lamentan profundament, y asi desean manifestrlo ahora
ante los medios, de forma publica, la utiizacién con fies comerciales de le imagen de Su
Majesiad La Reina, si su consentimiento y en un contexto inapropiado para su trayectora
personal y sa significado institucional. Al mitmo tempo, se comprometen a poner fin
‘nmediatamente a ctalquer uso que pu seguir haciéndose de la imagen de Su Majestad y 2
no utiizarla mas ene fur,