Legal Stuff (Talent Release & Participation Terms of Agreement):
For good and valuable consideration, including but not limited to any publicity or notoriety which may be derived from the publication of the Ad (as defined below), the receipt and sufficiency of which is hereby acknowledged, the participant listed in the name field, (“I”) hereby consent to the (a) filming, photographing, videotaping and otherwise recording, simulating and impersonating my name, likeness, appearance, portrait, biographical information, performance, poses, actions, voice, speech, instrumental, musical or other sound effects produced by me, and (b) using my ideas, materials, services, and the results and proceeds thereof (together the “Work”) by the filmmaker named on the signature page hereto (“Filmmaker”) as part of a commercial campaign for the named advertiser on the signature page hereto ( the “Ad”).
1. The Work is to be considered “work made for hire” (as such term is defined under U.S. copyright law) with Filmmaker being the author thereof. To the extent the Work or any portions thereof do not qualify as a “work made for hire” under applicable law, or to the extent that any jurisdiction should fail to deem the Work or any portion thereof as copyrightable work, I hereby irrevocably and unconditionally assign to Filmmaker all rights (including, without limitation, sublicensing rights), title, and interest in and to all the Work. Without limiting the foregoing, I further irrevocably promise to grant and hereby do grant the Filmmaker, BoneSmart.org (“BoneSmart”), its sponsors, and each of their affiliates, successors and assigns (collectively the “Licensed Parties”) the sub-licensable right to adapt, change, edit, modify, add to, delete from, combine with other materials, record, reproduce, distribute and otherwise exploit the Work by any means now known or hereafter developed.
2. I promise to and hereby do grant the Licensed Parties worldwide, perpetual, irrevocable, assignable, royalty-free, sublicensable right and license to (1) use my name, portrait, appearance, likeness and biographical information, in whole or in part, as the Licensed Parties may deem appropriate connection with the Ad. Without limiting the foregoing, the rights granted herein include the right to depict and/or portray me in such manner as the Licensed Parties determine, to edit any of my statements or actions, and to juxtapose me, my likeness, appearance, performance and activities with any other materials as the Licensed Parties may select.
3. I understand that I have no approval rights over the use of the Work or my name, portrait appearance, likeness or biographical information therewith. I hereby release, discharge and agree to defend and hold the Licensed Parties harmless from and against any and all loss, damages, costs and expenses (including reasonable attorneys' fees) caused by, or arising out of or in connection with the use of the Work, my name, portrait appearance, likeness or biographical information therewith, including without limitation any reliance on the rights granted by me to the Licensed Parties hereunder and liability for misrepresentation or defamation.
4. I acknowledge that although I am not being paid for the rights granted under this Talent Release, the Licensed Parties will incur costs in reliance on this Talent Release, and I agree that I cannot revoke my consent under this Talent Release for any reason whatsoever, regardless of how the Licensed Parties use the Work. In the event the Work is incorporated into any usage involving a talent collection bargaining agreement, SAG or AFTRA or ACTRA, I agree to accept the minimum compensation set by the collective bargaining entity.
5. I understand that this Talent Release does not obligate the Licensed Parties to use any part of the Work.
6. I represent and warranty that to the best of my knowledge, my acts and statements contained in the Work will not violate any right of any other person or company.
7. I represent and warranty that this Talent Release does not in any way conflict with any existing commitment on my part. I have not authorized, nor will I authorize the use of my voice, name, picture, portrait, appearance, likeness or biographical information in connection with the advertising or promotion of any product or service competitive to that identified above.
8. I hereby irrevocably agree not to bring any action against the Licensed Parties based upon invasion of privacy or publicity or any other rights (including, without limitation, intellectual property rights), defamation, libel or slander or for any other reason in connection with the exercises of the rights granted hereunder. Additionally, I hereby irrevocably waive any right to seek or obtain an injunction, rescission or termination of this Talent Release or any rights hereunder, or any other form of equitable relief against the Licensed Parties related to the Work or the Ads. My sole remedy with respect thereto is to being an action at law for damages (if any).
9. This Talent Release will be governed by and construed in accordance with the laws of the State of California as such laws apply to contracts performed within California by its residents and the parties hereby consent to the jurisdiction of the federal courts and the state courts of the State of California.
10. The parties hereby agree that BoneSmart, its affiliates and its sponsors are expressly intended third party beneficiaries of this Talent Release and may bring claims to enforce the rights granted to them under this Talent Release.
BY CLICKING THE "I AGREE TO THE TERMS OF PARTICIPATION" CHECKBOX BELOW, “I” INDICATE THAT “I” HAVE READ TALENT RELEASE & PARTICIPATION AGREEMENT RULES, “I” UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS.