Appearance Release Agreement

APPEARANCE RELEASE AGREEMENT

This Appearance Release Agreement (the "Agreement") is made effective as of the day of , , by and between Client Name: (hereinafter "Producer") and Talent Name: (hereinafter "Releasor").

RECITALS

WHEREAS, Producer is engaged in the production described as: (the "Project"); and

WHEREAS, Releasor has been engaged by Producer to provide appearance services, performance, interview, photograph, demonstration or other contribution of Releasor's name, voice, image, likeness, performance, and biographical material (collectively, "Appearance"); and

WHEREAS, Producer desires to secure the rights to use, reproduce, distribute, edit and otherwise exploit Releasor's Appearance in connection with the Project and ancillary uses worldwide, and Releasor is willing to grant such rights under the terms set forth below.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows:

1. GRANT OF RIGHTS

Releasor hereby irrevocably grants, conveys and assigns to Producer, its successors, licensees and assigns, the absolute, perpetual, worldwide, transferable, sublicensable, royalty-free right and license to record, film, photograph, capture, reproduce, edit, adapt, distribute, publicly display and otherwise exploit Releasor's Appearance and any recordings, photographs, audio, video or other material embodying Releasor's Appearance (the "Materials") in any and all media now known or hereafter devised, for any and all purposes related to the Project or Producer's business, including but not limited to advertising, promotion, publicity and exploitation of the Project.

2. CONSIDERATION

As full and complete consideration for the rights granted herein, Producer shall pay Releasor the sum of according to the following payment terms: . Releasor acknowledges that such compensation constitutes adequate and sufficient consideration for the transfer of rights granted herein and that no additional compensation shall be due for uses permitted by this Agreement unless otherwise expressly agreed in writing.

3. DESCRIPTION OF APPEARANCE; DATES; LOCATION

Date:    Location:

4. OWNERSHIP; ASSIGNMENT

Releasor agrees that all Materials, including any edits, compilations or derivative works thereof, shall be the exclusive property of Producer. To the extent any rights in the Materials do not automatically vest in Producer, Releasor hereby irrevocably assigns, transfers and conveys to Producer all right, title and interest, including copyright and all renewals and extensions, in and to the Materials and any uses thereof, without further consideration. Producer shall have the exclusive right to prosecute, maintain and enforce such rights in its own name or in the name of Releasor.

5. MORAL RIGHTS; WAIVER

To the fullest extent permitted by law, Releasor hereby irrevocably waives and agrees not to assert any moral rights, droit moral, or similar rights with respect to the Materials, and agrees not to bring any action alleging defamation, invasion of privacy, false light, or infringement of any right of publicity based upon Producer's exploitation of the Materials as permitted hereunder.

6. REPRESENTATIONS AND WARRANTIES

Releasor represents and warrants that Releasor is of full legal age and has the full right, power and authority to enter into this Agreement and to grant the rights herein granted; that Releasor's performance and the grant of rights do not and will not violate any agreement, obligation or third-party right; and that there are no claims, liens or encumbrances affecting Releasor's ability to grant the rights herein. If Releasor is under the age of majority, the parent or legal guardian must execute the Consent of Parent/Guardian attached hereto and the parent/guardian represents and warrants authority to execute on behalf of the minor.

7. RELEASE AND INDEMNIFICATION

Releasor hereby releases, discharges and holds harmless Producer, its licensees, successors, assigns, agents and employees from any and all claims, demands, causes of action, liabilities, damages, or expenses, including attorneys' fees, arising out of or in any way related to the use of the Materials, including but not limited to claims for defamation, invasion of privacy, or infringement of moral rights. Releasor shall indemnify and defend Producer from and against any third-party claims arising from Releasor's breach of the representations and warranties contained in this Agreement.

8. TERM; TERMINATION

This Agreement shall commence on the Effective Date and shall continue in perpetuity with respect to the rights granted herein. Producer may terminate this Agreement with respect to future uses of the Materials upon written notice to Releasor, provided that termination shall not affect any rights granted or uses made prior to the effective date of termination and shall not relieve Producer of any payment obligations accrued prior to termination.

9. CONFIDENTIALITY

Neither party shall disclose the terms of this Agreement or any confidential information of the other party except as required by law or with the prior written consent of the other party. Notwithstanding the foregoing, Producer may disclose Releasor's name, likeness and biographical information in connection with the advertising, promotion and distribution of the Project.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below or to such other address as a party may designate by notice in accordance with this Section. Notice shall be deemed given when delivered personally, sent by certified mail, return receipt requested, or delivered by nationally recognized overnight courier.

11. AMENDMENT; WAIVER; COUNTERPARTS

No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. No waiver of any breach shall constitute a waiver of any subsequent breach. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile or electronic image shall be binding.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of laws principles. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

REPRESENTATIVE AUTHORITY

The persons signing below represent and warrant that they have the authority to bind the party on whose behalf they are signing.

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