For good and valuable consideration, receipt of which is hereby acknowledged, I:
a. grant to Sony Music Entertainment ( “Sony Music”) and its parents, affiliates, subsidiaries, licensees, successors and assigns, the right to (i) film, photograph and record my image, voice, and performance (collectively, the “Recordings”), and (b) use my name, image, voice and performance, including as embodied in the Recordings, in any of Sony Music’s programs (“Programs”), and in advertising, publicity and promotion for the Programs, in any manner and media, whether now known or hereafter devised, throughout the universe in perpetuity;
b. grant to Sony Music the right to use any materials, including any recordings, that I may provide to Sony Music (collectively, the “Materials”) in and in connection with the Programs, and in the advertising, publicity and promotion for the Programs, in any manner and media, whether now known or hereafter devised, throughout the universe in perpetuity;
c. Sony Music shall not have any obligation to actually produce any Program, or to utilize my name, voice, likeness, biographical information, the Materials, the Recordings or to exercise the rights and permissions granted herein for purposes of the Programs or otherwise. I understand and agree that Sony Music’s use of any aspect of the Materials will not entitle me to any compensation or credit, nor will any obligation be imposed upon Sony Music, if: (a) prior to its receipt of the Materials, Sony Music previously or currently produced and/or considered material similar or identical to what is contained in the Materials; or (b) Sony Music independently created, or received from an independent source, material similar or identical to that contained in the Materials. Sony Music is under no obligation to keep the contents of the Materials confidential.
d. acknowledge and agree (i) my performance, and the results and proceeds thereof, including, without limitation, the Recordings and Materials (collectively, "Results and Proceeds"), are a “work-made-for-hire” specially ordered and commissioned by Sony Music as a contribution to a collective work under the United States Copyright Act, as amended, and all similar laws throughout the world, and (ii) if the Results and Proceeds, or any part thereof, are deemed not to be “work-made-for-hire” , I irrevocably grant and assign exclusively to, and vest in, Sony Music all of my right, title and interest in and to the Results and Proceeds and the Materials;
e. irrevocably waive (i) all rights of “droit moral”, “moral rights” or any similar rights throughout the world in connection with the exploitation of the Recordings, the Materials and/or any Program, and (ii) any right (A) to seek or obtain injunctive or other equitable relief in connection with the Programs, (B) to rescind or terminate this Release, and/or (C) to prevent or interfere with the production, promotion, distribution and/or exploitation of the Recordings, the Materials and/or any Program, elements thereof, or rights therein;
f. agree that I will not have any right to inspect or approve any Program or any materials created for it;
g. for myself and on behalf of my heirs, executors, agents, successors and assigns, irrevocably release and hold harmless Sony Music and any exhibitor(s) of the Programs and its/their parents, subsidiaries and affiliates, officers, directors, agents, representatives and employees from any and all claims, actions, damages, losses, liabilities, costs, expenses, injuries and/or causes of action that in any way are caused by, arise out of, or result from this Release, the Results and Proceeds, the Materials the Programs or my participation therein, and/or the advertising, publicity, promotion and/or exploitation of the Program, on any legal theory whatsoever;
h. represent and warrant that (i) I have the full right and authority to enter into this Release, and (ii) my participation in the Program and Sony Music’s use of the Materials will not violate or infringe upon any third rights of any third party and will not cause me to violate any agreements to which I am a party. I hereby acknowledge and agree that Sony Music has no obligation to use the Results and Proceeds;
i. shall not assign this Release, and any such assignment shall be void ab initio; and
j. agree that (i) I have fully read and understand this Release, and have been advised to consult with an attorney prior to signing this Release; (ii) the terms of this Release are and shall be kept confidential; (ii) this Release sets forth the entire agreement between me and Sony Music, and I am not relying on any promises or statements, nor have I been promised any money or other compensation, in connection with my signing this Release; and (iii) this Release is governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles.