APPEARANCE RELEASE
Production:
Date:
Shooting Date(s):
Shooting Location(s):
Person Appearing (please print):
ID #:
Address: Phone:
Email:
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I am executing this authorization and release (this “Release ") for the benefit of ...and company, LLC and its parents, affiliates, affiliates, subsidiaries, subsidiaries, licensees, licensees, successors successors and and assigns, assigns, and each of their respective respective officers, employees, employees, agents and representatives (collectively, (collectively, “Producer ” or "you"). I agree that you shall have the sole discretion to film, videotape and photograph me, and record my appearance, poses, movements, voice, statements, statements, conversation, conversation, sounds and musical compositions, compositions, and edit the the foregoing, and use my name name and use any biographical biographical material concerning me (collectively "my performance "), during and in connection with my appearance in the Production. I waive any right of inspection or approval of my performance or the uses to which my performance may be put. I expressly release you, and your agents, employees and representatives, from any and all claims which I have or may have, including without limitation invasion of privacy, privacy, right of publicity, publicity, defamation or any other cause of action, arising out of the production, duplication, broadcast, exhibition or other exploitation of my performance. I further represent that any statements made by me during my performance are true, to the best of my knowledge, and that neither they nor my performance performance will violate violate or infringe upon the rights of any third party. If I provide you with or display any photographs, published works and/or other artistic materials, then I will have obtained all of the rights, clearances and releases necessary for you to exploit said materials materials in the Production. Production. I acknowledge that you will will rely on this Release, potentially potentially at substantial substantial cost to you. I agree to defend, indemnify indemnify and hold Producer Producer harmless against against any breach or alleged breach by me in connection with with this Release. All film, videotape, still photographs and other visual and/or audio recordings or representations of my performance are collectively referred to herein as the " Materials". Produce Producerr shall shall be the sole and exclusive owner of the Materials as a work made for hire, with the right for the full period of copyright, including all extensions and renewals thereof, and thereafter in perpetuity, throughout the universe, to use and re-use, an unlimited number of times, all or any part of the Materials for all purposes, purposes, including without without limitation limitation for purposes of making and producing audio-visual productions and other works, and advertising, publicizing and exploiting the same, by all means and in all media, whether whether now known or hereafter devised, in any and all languages, and to authorize others so to do. To the extent that such results and proceeds proceeds are found not to be a work made for hire, I hereby grant and assign to Producer all right, title and interest to the Materials throughout the universe, in perpetuity, in all media, whether now known or hereafter devised. Neither I, nor any other party claiming through me, shall have any right of action against Producer Producer or any other party arising out of any use of said Materials, Materials, in-
1402077.3
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cluding without limitation any right to enjoin the development, production or exploitation of any production or any use of the Materials. I acknowledge and agree that you are not obligated to actually use my performance or produce the Production Production or include the Materials Materials in in the Production Production or otherwise otherwise exercise exercise any or all of your rights hereunder. I further acknowledge acknowledge that any credits or other identification identification of me that you may furnish in connection connection with the Production or otherwise shall shall be at your sole discretion. Notwithstanding Notwithstanding the foregoing, Producer shall pay me a one-time, all inclusive inclusive payment in the amount of ________________ Dollars ($_______) for the first (1st) (1st) year’s exploitation exploitation of rights throughout the universe in all media, whether now known or hereafter discovered, and the amount of ________________ Dollars Dollars ($_______) for a second (2nd) year’s exploitation exploitation of rights throughout the universe in all media, whether now known or hereafter discovered. Notwithstanding withstanding anything to the contrary contained herein, Producer shall shall not exploit the Materials except in connection with non-public uses, including, without limitation, pitches and presentations. This Release contains the complete understanding between me and Producer, supersedes all prior agreements, whether written or oral, and cannot be modified except by a written instrument signed by both parties. I acknowledge that in the granting of the foregoing consents and rights, I have not been induced to do so by or in reliance on any promises, representations or assurances whatsoever made by Producer or anyone else other than as expressly included herein. This Release is executed executed on behalf of myself myself and my heirs, executors, executors, representa representatives, tives, successors successors and assigns assigns and shall be binding upon each and all of them in perpetuity. perpetuity. In the event of a dispute between the parties, I hereby waive any right to injunctive injunctive or other equitable equitable relief and I agree not to interfere interfere in any way with the the exercise of Producer’s Producer’s rights hereunder. hereunder. I acknowledge and agree that (i) this Release and my performance is not governed by SAG, AFTRA or any other collective bargaining bargaining agreement, and (ii) my relationship with you is one of an independent contractor, contractor, and nothing in this Release is intended to, or should be construed to create a partnership, agency, joint venture venture or employment relationship relationship with you. This Release shall be governed by the internal laws of the State of California applicable to agreements executed and performed entirely within, irrespective of the choice of law rules of any jurisdiction. Any and all disputes arising out of or in connection connection with this Release or the performance performance or interpretation hereof shall be exclusively settled by binding arbitration to be held in Los Angeles County, California under the Commercial Arbitration Rules of the American Arbitration Association. I have executed this Release as of the day and year first above written. Signature of Person Appearing:
If Applicabl
I am a parent (or guardian) of the minor who has signed this Release Release and I