The Shift Talent Appearance Release
1. For the Monetary Consideration set forth above and/or other good and valuable consideration, receipt of which is hereby acknowledged, I irrevocably authorize Producer, its licensees and assigns, to make use of my appearance and/or audio recording in connection with the Project to be produced by Producer.
2. I agree to be filmed, videotaped, photographed, and/or recorded in any manner, and any such films, videotapes, photographs, or recordings may include my name, voice and/or likeness. I grant to Producer the right to use my name, biographical information, photograph, video and likeness in the Project (including, without limitation, in any revisions, segments, clips, edits, modifications or derivative works thereof of any variety), worldwide and in any manner and medium now known or hereafter devised, for any purpose, without additional compensation, notification or permission. I understand and agree that Producer has and shall retain in perpetuity the right to copyright, use, license others to use, edit, alter and otherwise exploit all or any portion of any resulting films, videotape(s), photograph(s) and/or recording(s) or any reproduction(s) thereof, and any materials, (including, without limitation, any films, photographs, videotapes, or recordings which may contain performances of works that are original to me) submitted by me in any manner or medium (specifically including, without limitation, any and all forms of motion pictures, television productions regardless of the means of transmission, podcasts, web series or literary works and the Internet), whether now known or hereafter devised, for any purpose and for an unlimited number of times, in perpetuity, throughout the universe, without compensation (except to the extent prohibited by law).
3. I hereby irrevocably assign to Producer (or irrevocably waive, in the event such assignment is not possible) any and all “droit moral” or similar law or rights. I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be utilized. I acknowledge that Producer will rely on the permissions granted in this release and I agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted in this release. I further represent that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my appearance will violate or infringe upon the rights of any third party.
4. To the maximum extent permitted by law, I agree that I will never sue Producer, or any other third party because: (a) Producer did not take or use photographs, videotapes, or recordings of me, (b) Producer did not use my name or information about me, (c) I do not like the manner in which Producer and/or Producer’s licensees or assignees took or used the photographs, videotapes, or recordings, or (d) I do not like the manner in which Producer and/or Producer’s licensees or assigns used my name or information about me, or what is said about me.
5. I hereby release Producer from any and all claims, demands or causes of action which I and/or my heirs, successors, or assigns may now have or hereafter acquire by reason of Producer’s exercise of the rights granted in this release. I hereby waive any and all claims of defamation and “false light”, violation of rights of privacy and/or publicity, and/or any other rights of a similar or dissimilar nature in connection with the exploitation of any photographs, videos, and/or other recordings made under this release and I hereby agree not to assert any claim of any nature whatsoever against any party related to the subject matter of this release. In that regard, I waive any rights I may have under California Civil Code Section 1542 which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. I hereby agree to and do hereby indemnify and hold harmless Producer from and against any breach of this release by me and/or any claim, action, proceeding, and/or demand brought, maintained, prosecuted or made by or through me and from and against any and all loss, cost, damage and/or expense incurred by Producer in connection with it, including, but not limited to attorneys’ fees and costs.
6. I AM AWARE AND UNDERSTAND THAT MY PARTICIPATION IN THE PRODUCTION INVOLVES A REMOTE RISK OF INJURY. I AM FURTHER AWARE, UNDERSTAND AND ACKNOWLEDGE THAT ANY ADVICE OR RECOMMENDATIONS GIVEN TO ME IN CONNECTION WITH THE PRODUCTION IS NOT MEDICAL OR PSYCHOLOGICAL ADVICE AND IS NOT A SUBSTITUTE FOR MEDICAL AND/OR PSYCHOLOGICAL ADVICE FROM A LICENSED PRACTITIONER. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE PRODUCTION WITH AN EXPRESS UNDERSTANDING OF THE RISK INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF PERSONAL INJURY (INCLUDING EMOTIONAL DISTRESS) OR PROPERTY DAMAGE, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE YOU OR ANY OTHER PARTICIPANTS IN THE PRODUCTION OR OTHERWISE.
7. I acknowledge that Producer may be incurring substantial expenses in reliance on the permissions granted in this release and I shall not be entitled to rescind this Appearance Release or any rights granted to Producer hereunder. I hereby waive any right or equity, including without limitation, the right to seek injunctive or other equitable relief to restrain, enjoin or otherwise impair the development, production, exhibition, distribution, promotion, advertising or other exploitation of the Project or any other productions, or the use of any photographs, videos, recordings or other materials produced hereunder, and my sole remedy in any or all cases and in connection with any claims shall be an action at law for actual money damages, if any.
8. I shall keep strictly confidential all non-public information I receive relating to Producer and/or the Project in perpetuity. For the avoidance of doubt, I agree not to issue any press releases or other public statements, including but not limited to, speaking to the press or making posts on social media about my involvement in the Project or regarding Producer’s involvement in the Project without Producer’s prior written consent and in no event shall such mentions be derogatory to the Project and/or Producer. I agree not to use Producer’s name, logo, trademark or other proprietary mark in any manner without Producer’s prior written consent, as applicable.
9. This is the entire agreement and it supersedes any prior agreements (oral or written) on this subject matter. This Appearance Release shall be governed by and construed in accordance with the laws of the State of California applicable to agreements entered and to be wholly performed therein. ANY DISPUTE UNDER THIS APPEARANCE RELEASE WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE INDEPENDENT FILM & TELEVISION ALLIANCE RULES FOR INTERNATIONAL ARBITRATION IN EFFECT AS OF THE EFFECTIVE DATE OF THIS APPEARANCE RELEASE IN THE CITY OF LOS ANGELES, CALIFORNIA. The prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. Any proceedings held pursuant to this section shall be conducted in Los Angeles, California. This release will be binding upon me and my heirs, successors, licensees and assigns forever and shall be freely assignable by Producer.
IF THE UNDERSIGNED IS UNDER 18 YEARS OLD, PARENT/GUARDIAN MUST EXECUTE THE PARENTAL/GUARDIAN CONSENT ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE.
[TO BE EXECUTED IF APPEARING PARTY IS A MINOR]
The undersigned is the legal parent or guardian (“Parent/Guardian
”) of the above signed minor child (“Minor
”). I hereby agree that during all times Minor is below the age of eighteen (18), (i) Producer is authorized to follow and rely upon any and all direction and decisions communicated to Producer by Parent/Guardian, and (ii) in the event of a conflict between direction and/or decisions made by Minor and those communicated to Producer by Parent/Guardian, Producer may determine to follow those directions and decisions communicated to Producer by Parent/Guardian, may determine to follow the directions and decisions communicated by Minor, or may determine to take no action at all pending resolution of any such conflict, and in all cases Producer shall not be deemed to have breached any duty to either Parent/Guardian or Minor in doing so or failing to do so.
In order to induce Producer to enter the foregoing agreement, Parent/Guardian represents and warrants that Parent/Guardian is the parent or guardian of Minor. Parent/Guardian has read the foregoing agreement and is familiar with all of the terms and conditions thereof and hereby consents to its execution by Minor. Parent/Guardian agrees that neither Parent/Guardian nor Minor will revoke or disaffirm the foregoing release at any time. Parent/Guardian agrees to indemnify and hold Producer and its successors, licensees and assignees harmless from and against any and all claims, liabilities, costs or expenses, including attorneys' fees and costs which may arise from the breach or alleged breach by Minor or Parent/Guardian of the foregoing release, the representations and warranties contained herein, or this consent.
Parent/Guardian hereby represents, warrants, covenants, understands and agrees that: (i) neither Minor nor Parent/Guardian shall fail to comply with any law, statute or regulation of any jurisdiction in connection with Minor, including, without limitation, regardless of where any Minor shall reside, be domiciled or perform, the California “Coogan Laws” or similar law of another jurisdiction requiring the creation of trust accounts for the benefit of Minor and any other laws, statutes or regulations governing or relating to educational and financial matters and labor restrictions as they relate to minors, and each shall provide Producer with copies of any and all work permits, trust documents and other communications and documents from and with government entities, courts, educational institutions, accountants, employers, banks and trustees relating thereto, and (ii) Minor will not disaffirm or disavow any terms of the release on the ground that the Minor was a minor on the date of execution thereof or any similar grounds whatsoever.