Date of Birth
Address Line 2
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U.S. Virgin Islands
Armed Forces Americas
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I agree to the appearance release outlined here.
1. For good and valuable consideration, receipt of which is hereby acknowledged, I authorize Neon Hum Media (“Producer”) and DISCOVERY COMMUNICATIONS, LLC (“Company”) and their respective parents, affiliates, subsidiaries, licensees, successors and assigns to make use of my appearance for the program tentatively entitled: “Urban Legends with the Ghost Brothers” (w/t) (“Program”) and in connection with Producer and/or Company or otherwise.
2. I agree that Producer and/or Company may tape and photograph me, and record my voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with my appearance, and that Company shall be the exclusive owner of the results and proceeds of such taping, photography and recording (the “Recordings”) with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, and in all media (now known or hereafter invented), all or any portion thereof or a reproduction thereof in connection with the Program or otherwise.
3. Additionally, I grant Producer and/or Company the right to use any materials, including any voice recordings I may provide (collectively, the “Materials”), an unlimited number of times, in and in connection with the Program, and in the advertising, publicity, and promotion for the Program, in any manner and media, whether now known or hereafter devised, throughout the universe in perpetuity.
4. I further agree that Producer and/or Company may use and license others to use my name, voice, likeness and any biographical material concerning me which I may provide in any and all media, and in the promotion, advertising, sale, publicizing and exploitation of the Program and/or otherwise, and ancillary products (e.g., merchandise), in connection with the Program and in connection with Producer and/or Company or Company’s affiliated services, throughout the world in any manner, an unlimited number of times in perpetuity.
5. Neither Producer nor Company shall have any obligation to actually produce the 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 Program or otherwise. I understand and agree that Producer and/or Company’s use of any aspect of the Materials will not entitle me to any compensation or credit, nor will any obligation be imposed upon Producer or Company, if: (a) prior to its receipt of the Materials, Producer or Company previously or currently produced and/or considered material similar or identical to what is contained in the Materials; or (b) Producer or Company independently created, or Producer or Company received from an independent source, material similar or identical to that contained in the Materials. Producer or Company are under no obligation to keep the contents of the Materials confidential.
6. I represent and warrant that any statements made by me during my appearance, including in the Materials, are true, to the best of my knowledge, and that neither they nor my appearance, including in the Materials, will violate or infringe upon the rights of any third party. I hereby waive any right of inspection or approval of my appearance, including in the Materials, or the uses to which such appearance, including in the Materials, may be put. For clarity, this Appearance Release (“Release”) represents my express waiver of any and all moral rights I may have in connection with my appearance, including in the Materials.
7. I agree to participate in the Program at my own risk and acknowledge that Producer and Company shall not be liable for any harm or injury, whether personal, to property or otherwise, which I may incur by participating in physical and other activities connected with the Program unless such harm or injury results from gross negligence directly caused by or on the part of Producer and/or Company.
8. I hereby release Producer and Company and their respective parents, affiliates, subsidiaries, licensees, successors and assigns (collectively, the “Releasees”) from any and all liability, claims or expenses of any kind (collectively, “Claims”) arising from or in connection with my appearance, the Materials and/or the Recordings or Company’s exploitation of the foregoing, including without limitation any Claims based upon any alleged personal injury, death, property damage, defamation, invasion of privacy and/or infringement of any other proprietary and/or personal rights. I acknowledge that Company will rely on this Release and all permissions granted herein, at substantial cost to Producer and/or Company and therefore I hereby agree not to bring or assert any legal claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
9. I agree that my sole remedy in the event of any claim against Producer and/or Company shall be the recovery of damages and in no event shall I seek or be entitled to rescission, injunctive or other equitable relief, or otherwise seek to restrain or interfere with the production, promotion, distribution, exhibition or exploitation of the Program. This paragraph shall survive the termination or the expiration of this Release.
10. I represent and warrant that: (a) the consent of no other person or entity is necessary to grant the rights hereunder; (b) neither I, nor anyone acting for me, gave or agreed to give anything of value to any officer, director, employee, or agent of either Producer or Company to secure my appearance in the Program. Additionally, with respect to any and all materials and elements provided by me for the Recordings or the Materials, such materials and elements will be: (a) wholly original (except to the extent in the public domain or assigned by a third party); (b) will not violate or infringe upon copyright, any third party’s privacy or publicity rights, or any other personal or property right; and (c) will not libel, slander or otherwise defame or disparage any third party. I recognize that Producer and Company are relying on my representations and warranties and the rights granted in this Release, and that a breach thereof would cause Producer and Company irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law; therefore, I hereby expressly agree that Producer and Company shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of this Release by me. I acknowledge and agree that (i) this is a non-union agreement and that my participation and appearance hereunder shall not be subject to the terms of any collective bargaining agreement and (ii) neither Producer nor Company is a signatory to any collective bargaining agreement covering my participation and appearance hereunder.
11. All provisions hereof concerning my participation, the Recordings, the Materials and the Program shall be kept strictly confidential by me and my representatives. Neither I nor my representatives shall issue any press releases or public statements about Producer, Company, the Program or my participation hereunder, without Producer’s and/or Company’s prior written permission. Neither I nor my representatives shall use Producer’s and/or Company’s or any of their affiliated companies’ name, logo, trademark or other proprietary mark in any manner without Producer’s and/or Company’s prior written approval.
12. This is the entire agreement and supersedes all prior understandings between the parties relating to the subject matter herein. This Release and the acknowledgements, representations, releases, permission and agreements made herein shall be irrevocable and binding upon me and my heirs, executors, successors, parents, guardians, licensees and representatives. Termination of this Release, for any reason, shall not affect Producer’s and/or Company’s rights in the Recordings or the Materials. This paragraph shall survive the termination or the expiration of this Release. Producer and/or Company may assign its rights in the Recordings, the Materials and/or Program, in whole or in part, to any individual or entity, without restriction.
13. In the event that I receive any goods, services, cash prizes, or other valuable consideration by reason of my participation in the Program, I understand that I am responsible for paying all applicable taxes that may be imposed thereon, and I release and indemnify Producer and Company from any liability therefor. I understand that the value of any such goods, services, or prizes may range from a nominal amount to $600.00 or greater. I further understand that I must submit to Producer, a properly completed IRS Form W-9.
14. This Release shall be governed by the laws of the State of New York (excluding conflicts of law principles), regardless of the place of its physical execution. I hereby submit to the jurisdiction of the state and federal courts of the State of New York, New York County, to resolve any dispute arising out of or resulting from this Release. I shall not raise, and hereby waive, any defenses based upon improper venue, inconvenience of the forum, lack of personal jurisdiction, or the sufficiency of service of process.
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