This release and authorization is between
In consideration for the releases provided in this release, the Recorder shall pay
From time to time, the Releasor shall participate in certain photographs, video recordings, audio recordings, or other means of recording images or sound as arranged by the Recorder (the "Recordings"). The Recorder has permission to record his or her voice, sounds, conversation, image, and likeness in the Recordings.
The Releasor hereby grants to the Recorder a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of his or her likeness or voice in the Recordings (alone or in connection with others and in and in connection with any media, now known or later created) throughout the universe in and in connection with or relation to the development, marketing, advertisement, licensing, sale, distribution, and promotion of any events, products, merchandise, services, or brands of the Recorder. The Recorder shall have all interest to any other interest the Releasor may possess in the Recordings including the Releasor's likeness, voice, copyrights, persona, character, image, characterization, logos, slogans, catch phrases, art, and physical attributes including, but not limited to, body art and tattoos (collectively, the "Likeness"). The Recordings are specially ordered and commissioned by the Recorder, and are works-made-for-hire from the moment of creation, and are and shall be the exclusive property of the Recorder. The Recorder shall be the exclusive owner of all the rights, results, and proceeds of the Recordings, in each case, of every kind or nature, whether now known or later devised. Without reservation or limitation, the Releasor hereby sells, assigns, transfers, and conveys the Recordings to the Recorder, exclusively, irrevocably, and perpetually, together with all interest in the Recordings throughout the world including the right to enforce its right in and to secure registrations, renewals, reissues, and extensions of those. The Recorder may transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the Likeness worldwide in all forms of media and forms of exploitation, now known or hereafter created including websites, film, television, radio, and print. The Releasor will have no right to approve any use of the Likeness in the Recordings or otherwise. No third party has or will have any right of approval over the use of the Likeness or will be due any amounts from the use of the Likeness.
The Releasor hereby releases the Recorder from all claims and demands that the Releasor may have now or at any time arising from this release or the use of the Likeness or Recordings, including claims for personal injury, invasion of privacy, defamation, libel, right of publicity, infliction of emotional distress, or additional payment.
5. NO OBLIGATION TO USE.
The Recorder shall have no obligation to use the Recordings or the Likeness. The Recorder's sole obligation to the Releasor is to pay the Payment set forth above to the Releasor, which the Releasor confirms has been paid by the Recorder and received by the Releasor.
6. RELEASOR'S REPRESENTATIONS.
The Releasor hereby represents that:
This release is personal to the Releasor and may not be assigned by the Releasor. The Recorder shall have the right to assign, sublicense, sell, or pass-through any rights contained in this release to a third party without approval from the Releasor.
No amendment to this release will be effective unless it is in writing and signed by a party or its authorized representative.
10. COUNTERPARTS; ELECTRONIC SIGNATURES.
If any one or more of the provisions contained in this release is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this release, but this release will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this release to be unreasonable.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
14. ENTIRE AGREEMENT.
This release constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this release. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this release are expressly merged into and superseded by this release. The provisions of this release may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this release by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this release. Except as set forth expressly in this release, there are no conditions precedent to this release's effectiveness.
The descriptive headings of the sections and subsections of this release are for convenience only, and do not affect this agreement's construction or interpretation.
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Each party is signing this agreement on the date stated opposite that party's signature.