APPEARANCE RELEASE
This release (“Release”) is made to allow DIGA, LLC (“Company”) to include me as a guest/participant in a production and/or publication tentatively entitled “Untitled Music Documentary” (working title) (the “Programming”). I am giving this Release in consideration for Company allowing me to participate as a guest/participant in the Programming and I recognize that my signature on this Release is a condition of Company permitting me to be a guest/participant in the Programming. I agree that Company and its affiliates, successors, licensees, and assigns (including, without limitation, event and program sponsors, advertisers, and marketing partners) may tape and photograph me and record my voice, conversation, and any and all other activity and results thereof (including quotes, paraphrases, sounds, performance(s) of musical composition(s), and drawing(s), sketching(s), (collectively, “Artwork”) I create on-camera) for use in and in connection with the Programming and other sponsored or unsponsored programming (my “Participation”). I acknowledge that this Programming is a non-guild production and there will be no residual or any other type of payment due in connection with my Participation. I waive any right of inspection or approval of the proceeds of my Participation or the uses to which such proceeds may be put. I acknowledge and agree that the Programming may contain information, statements, or representations (“Information”) relating to me of a personal, private, disparaging, embarrassing, and/or unfavorable nature, and that such Information may be summarized, edited, or modified in a manner that may be misleading or untrue. I further acknowledge that the Information may expose me, my family, and/or others to public ridicule or embarrassment. I voluntarily agree to participate in the Programming with full knowledge of the foregoing and freely and voluntarily assume all risk associated therewith.
I agree that Company will be the exclusive owner of all copyright and other rights in and to the Programming, my Participation, and any excerpts therefrom, and that Company will have the exclusive right to use, and license or otherwise authorize others to use, them in any manner Company wishes and in any and all media now known or hereafter devised, in perpetuity throughout the universe in all languages, without any obligation whatsoever (other than as described in this Release) to me (or to any person or entity claiming through or on my behalf).
I further irrevocably grant to Company, in respect of my name, voice, actual or simulated likeness, and/or photography, recordings, and/or reproductions of any or all of the foregoing, and/or any or all biographical facts that may have been provided to Company, (a) the right to use, and to license or authorize others to use, the same, in all media now known or hereafter devised, in perpetuity throughout the universe, in connection with the Programming, any other works based upon the Programming, and/or any other use of the Programming, and/or for advertising, publicity, marketing, promotional, and/or commercial tie-in purposes in connection with any or all of the foregoing or otherwise (including in/on and/or in connection with promotional materials for the network on which the Programming is exhibited (the “Network”), the Network’s programming services, affiliates, and/or sponsors, and/or other Network programs, and/or for the institutional purposes of the cable industry generally), and (b) all allied ancillary and subsidiary rights therein and thereto (including, without limitation, merchandising and commercial tie-in rights). I confirm that, to the best of my knowledge (in the exercise of reasonable prudence and due diligence), any statements made by me during my Participation will be true and will not violate or infringe upon any third party’s rights.
Except as Company may direct or approve in each instance, I will not myself, or authorize others to, (a) advertise, promote, and/or disclose my Participation, or (b) use or disclose any information about the Programming, and/or trade secrets and/or proprietary information of Company (or any of its affiliates), that I learn as a result of my Participation. I represent and warrant that all information I am providing to Company on this Release is valid, true, and accurate, and that I have (or will concurrently provide) to Company full and accurate information regarding my name (including prior names, aliases, and professional/stage names), address, and date of birth, for Company’s recordkeeping purposes. I agree to comply with all instructions regarding safety in connection with the Programming, and understand that Company will proceed in reliance hereon. I agree not to sue and irrevocably and unconditionally release, waive, and forever discharge Company and its past, present, and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, employees, successors, and assignees/licensees/transferees, jointly and individually, and all entities and persons associated with the Programming (all of the foregoing, collectively, “Releasees”), from any and all manner of liabilities, claims, and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which I (or my assigns, agents, and/or representatives) ever had, now has, or in the future may have against the Releasees, including, without limitation, claims arising out of or related to the exercise of any of the rights granted to Company or the uses described herein, the Programming and/or my Participation. I agree that I will be liable for any attorneys’ fees and costs incurred by Company and/or any of the Releasees in connection with any claim or lawsuit brought in violation of this Release. In no event shall I have the right to enjoin the development, production, distribution, or exploitation of the Programming. Company may assign, license, or otherwise transfer this Release or all or any of its rights or privileges hereunder to any entity or individual without restriction. I warrant that I have the full, complete, and unrestricted right and authority to enter into this Release. This Release shall be binding on all of my successors-in-interest and heirs.
This Release sets forth the entire agreement between me and Company, superseding all prior understandings and communications, with respect to the subject matter hereof and may not be altered or amended except in writing signed by both parties. This Release and all questions arising under this Release will be governed by and construed in accordance with the laws and decisions of the State of New York applicable to contracts entered into and fully to be performed therein, without giving effect to the principles thereof relating to conflicts of law. If any provision(s) (or any portion(s) of any provision(s)) in this Release conflict(s) or could be interpreted to conflict with this paragraph for any reason (including, without limitation, any references to court, jurisdiction, judiciary, jury, action-at-law, or any other terms), the terms of this paragraph will control. The parties irrevocably consent and agree to the personal jurisdiction and venue of the state and federal courts located in New York County, New York, and irrevocably waive any objection as to improper venue or that any state or federal court of New York is an inconvenient forum. The parties hereby irrevocably waive, to the fullest extent by law, all right to a trial by jury in connection with any dispute arising out of or relating to this Release.