This release ( the "Release") is made, by and on behalf of Participant with respect to Participants participation in a program and/or programs tentatively entitled " Untitled: Breakup Project" (collectively, the Program") being produced by Matador Content ("Producer) for exploitation by/and its affiliated and related companies.
1. For good and valuable consideration (including, without limitation, the effort and expense incurred by Producer and/or Exhibitor procuring the Recordings (defined below) and otherwise producing the Program and considering the use of such Recordings in the Program), the receipt and sufficiency of which are hereby acknowledged, Participant irrevocably grants Producer the perpetual, worldwide right to make both visual and/or audio recordings and still images of Participant, whether recorded prior or subsequent to the execution hereof, with or without Participant's knowledge (collectively, the "Recordings") and to use the Recordings and Participant's name, voice, likeness, and biographical information ("Participant's Likeness") as included in the Recordings and/or otherwise obtained by Producer, in and in connection with the Program, and any version thereof, as Producer may determine in its sole discretion. Participant authorizes Producer to incorporate and license others to incorporate any part or all of the Recordings and/or Participant's Likeness in the Program or in any other production. Participant grants Producer the right to use the Recordings and/or Participant's Likeness for the purpose of advertising and promoting the Program or any version thereof and/or any other production in which the Recordings and/or Participant's Likeness is incorporated and/or the exhibitors (including, but not limited to, institutional promotion) and sponsors of any of the foregoing in any manner whatsoever, including, but not limited to, product integration, commercial tie-ins, and implied endorsements. Without limiting the generality of the foregoing, Participant agrees that the rights granted hereunder shall include the perpetual, worldwide right of Producer to edit, telecast, cablecast, rerun, record, publish, reproduce, use, license, print, distribute or otherwise exploit, in any manner and in any medium or forum, whether now known or hereafter devised, the Program or any version thereof or any other production in which the Recordings and/or Participant's Likeness is incorporated, in whole or in part, without any compensation to Participant.
2. Producer shall be under no obligation to actually use the Recordings and/or Participant's Likeness in any manner.
3.Participant acknowledges that Producer and/or Exhibitor is the sole and exclusive owner of all rights in and to the Program, all Episodes, and all elements thereof, throughout the universe, in perpetuity, in any and all media now known or hereafter devised (including, without limitation, all copyrights thereto and any renewals and extensions thereof). The results and proceeds of Participant's services in and in connection with the Program and all material of whatever kind or nature, at any time heretofore and/or hereafter created and/or contributed by Participant under this Release and/or in connection with the Program shall be deemed a "work made for hire" specially ordered or commissioned by Producer, with Producer being deemed the sole author of the material and the owner of all rights of every kind or nature. To the extent the material or any part thereof are not considered "work made for hire", Participant hereby irrevocably assigns and transfers all rights in and to the material (including, without limitation, all copyrights and all extensions and renewals therein) exclusively to Producer in perpetuity, throughout the universe, in any and all media, whether now known or hereafter devised. Without limiting the foregoing, Producer and Exhibitor shall have the irrevocable right to use, refrain from using, change, modify, add to, subtract from, take from, translate, digitize, edit, reformat, reprocess, exhibit, and/or otherwise exploit the results and proceeds of Participant's services under this Release, in whole or in part, in any manner and in any and all media, whether now known or hereafter devised, throughout the universe, in perpetuity, in any and all languages, as Producer and/or Exhibitor in its sole discretion shall determine, without any further compensation to Participant.
4. In the event of breach by Producer, Participant acknowledges and agrees that the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle Participant to injunctive or other equitable relief; Participant's remedy in such case being strictly limited to the right to recover damages, if any, in an action at law. Participant understands that Producer is expending monies in reliance on this Release and that this Release is irrevocable.
5.Participant will not at any time issue, authorize or participate in any news story, magazine article or other publicity or information of any kind relating to the Program, Exhibitor or any of its related or affiliated entities or disclose any confidential information, including without limitation the terms of this Release, without Exhibitor's written consent in each case. Additionally, Participant shall have no right to use the names, trademark, logos, or trade names of Exhibitor, its parent, subsidiaries, affiliated entities, or the names or logos related to the Program for any purpose whatsoever, including but not limited to, publicity, public relations, merchandising or self promotion purposes without the prior written consent of Exhibitor. Any violation of this Paragraph will be deemed a material breach of this Release which will cause irreparable harm to Producer and Exhibitor, entitling Producer and/or Exhibitor to seek (without limiting any other rights or remedies Producer and/or Exhibitor may have) (i) injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this Paragraph by Participant, (ii) recovery or disgorgement of the monies or other consideration received in connection with such disclosure, if any, (iii) recovery of Producer's and/or Exhibitor's attorneys' fees incurred to enforce the terms of this Paragraph, and (iv) return or recovery of any compensation received in connection with Participant's Services under this Release.
6.The rights granted herein shall inure to the benefit of Producer, its licensees, successors, and assigns, including but not limited to Exhibitor.
7. Participant acknowledges that Participant's participation and appearance hereunder and any other services rendered in connection with the Program are not subject to the terms of any collective bargaining agreement.
8.Participant acknowledges that participation in the Program may involve risk of bodily injury, death and/or damage to or loss of property, and Participant expressly assumes all risk and danger and all hazards arising from, or related in any way to, Participant's participation in the Program, however caused and whether by negligence or otherwise. Participant hereby agrees on behalf of Participant and Participant's heirs, next of kin, representatives, successors and assigns (collectively, the "Releasing Parties") that Participant and the other Releasing Parties do hereby unconditionally and irrevocably release and discharge Producer, Exhibitor and each of their parent, subsidiary and affiliated entities and each of their employees, directors, shareholders, officers, agents, sponsors, successors and assigns (collectively, the "Released Parties") from any and all past, present and future claims, demands, damages, judgments or liability of any kind directly or indirectly related to or arising out of the Program and Participant's voluntary participation in the Program, including but not limited to claims for any personal injury, property damage, libel, slander, defamation, infringement of right of publicity, invasion of privacy, false association or false endorsement, whether or not caused by any negligence or act or omission of the Released Parties. Participant on behalf of Participant and the other Releasing Parties acknowledges and understands that there may be facts discovered or claims incurred which were unknown or unsuspected at the time of execution of this Release which may have materially affected Participant's decision to execute this Release if known at the time of execution, and Participant and the other Releasing Parties assume any risk of such unknown or unsuspected facts or claims.
9. This Release constitutes the entire agreement and understanding between the parties regarding the subject matter hereof, and cancels and supersedes all prior or contemporaneous agreements, communications and understandings (whether written or oral) between the parties relating to the subject matter hereof. Participant confirms that Participant has read and fully understands this document, and has not signed it in reliance on any statement, opinion or representation by Producer, Exhibitor or anyone acting on their behalf or otherwise. The Parties will be bound by signatures on this document which are transmitted by mail, hand delivery, facsimile and/or any other electronic method (email or otherwise) to the other party or, if applicable, counsel of record for the other party. Such signature will have the same binding effect as any original signature. In the event that any term or provision of this Release shall be held invalid by a competent court or governmental agency, the remainder of this Release shall not be affected thereby, and the parties hereto shall continue to be bound by the remaining terms hereof. This Release can only be amended by a written document signed by all parties hereto. This Release shall in all respects be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts entered into and to be fully performed therein, and the parties hereto submit to the exclusive jurisdiction of the Federal or State Courts in New York, New York. Nothing herein shall limit or derogate from Producer's and/or Exhibitor's rights as a member of the general public.
Agreed to and accepted by ticking the agreed box adjacent to this release.