Artist Release Form

ARTIST RELEASE FORM

This Artist Release Agreement (the agreement) is entered into as of by and between Producer Name: with principal place of business at ("Producer"), and Artist Name: of ("Artist").

RECITALS

WHEREAS, Producer is engaged in the production, distribution and exploitation of audiovisual and promotional materials and desires to record, photograph and otherwise capture the Artist's performance, likeness, voice and other contributions for the Project described below; and

WHEREAS, Artist is willing to provide such performances and contributions under the terms and conditions set forth in this agreement; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the materials created in connection with the Project.

NOW THEREFORE

In consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. PROJECT

Project Title:

2. GRANT OF RIGHTS

Artist hereby irrevocably grants and assigns to Producer, its licensees, successors and assigns, the exclusive, perpetual, worldwide right to record, reproduce, edit, adapt, alter, distribute, publish, exhibit, transmit, broadcast and otherwise exploit all performances, vocals, instruments, photographs, video footage, musical compositions, sound recordings, and any other contributions provided by Artist (collectively, the Materials) in connection with the Project in any and all media now known or hereafter devised, including without limitation promotional, advertising, and archival uses.

3. CONSIDERATION

As full and complete consideration for the rights granted herein, Producer shall provide to Artist the compensation described below (check applicable):

Cash payment in the amount $.   Credit and attribution as follows:

4. ARTIST WARRANTIES AND REPRESENTATIONS

Artist represents and warrants that: (a) Artist is the sole author or has obtained valid releases or licenses from any co-authors or rights holders necessary to grant the rights herein; (b) Artist has full power and authority to enter into this agreement and to grant the rights herein; (c) the Materials and Artist's performance do not infringe or violate the rights of any third party; and (d) there are no outstanding agreements, encumbrances or obligations that would conflict with Artist's obligations under this agreement.

5. CREDIT AND MORAL RIGHTS

Producer shall have the right, but not the obligation, to provide Artist credit in connection with the exploitation of the Project in Producer's sole discretion. To the maximum extent permitted by law, Artist hereby irrevocably waives and agrees not to assert any moral rights, droit moral, or similar rights in connection with the Materials and consents to any edits, modifications or other uses of the Materials by Producer.

6. USE OF NAME, LIKENESS AND BIOGRAPHICAL MATERIAL

Artist grants Producer the right to use Artist's name, stage name, image, likeness, voice, biographical information and other identifying characteristics in connection with the advertising, promotion and exploitation of the Project and related materials in any media and for any purpose.

7. TERM AND TERRITORY

The rights granted herein shall commence on the Effective Date and shall continue perpetually throughout the world, unless earlier terminated as expressly provided in this agreement.

8. TERMINATION

Either party may terminate this agreement for material breach if the breaching party fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach. Termination shall not affect Producer's rights in Materials already created or distributed prior to termination unless specifically agreed in writing.

9. INDEMNIFICATION

Artist shall indemnify, defend and hold harmless Producer and its affiliates, licensees and assigns from and against all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of any claim that the Materials or Artist's performance infringe the rights of a third party or breach Artist's representations and warranties. Producer shall notify Artist in writing of any claim subject to indemnification and shall permit Artist to conduct the defense, provided that Producer may participate in such defense at its own expense.

10. LIMITATION OF LIABILITY

EXCEPT FOR BREACHES OF CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF EITHER PARTY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO ARTIST UNDER THIS AGREEMENT.

11. NOTICES

All notices required or permitted under this agreement shall be in writing and shall be delivered by personal delivery, certified mail (return receipt requested), or overnight courier to the addresses specified below or to such other address as a party may designate in writing.

12. AMENDMENT; WAIVER; COUNTERPARTS

This agreement may be amended, modified or supplemented only by a writing signed by both parties. No waiver of any provision of this agreement shall be effective unless in a writing signed by the party granting the waiver. This agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Electronic or facsimile signatures shall have the same force and effect as original signatures.

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This agreement shall be governed by and construed in accordance with the laws of the state specified below without regard to conflicts of law principles. This agreement constitutes the entire agreement between the parties with respect to its subject matter 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.

Governing Law State:

14. MISCELLANEOUS PROVISIONS

If Producer desires to commercially release any musical composition or sound recording embodying Artist's performance, Producer shall have the exclusive right to determine the timing, manner and method of release and exploitation, and Artist shall execute such further documents reasonably necessary to effectuate the rights granted herein. Nothing in this agreement shall be construed to grant Artist any rights to royalties or profits from Producer's exploitation of the Project except as expressly provided herein or in a separate written agreement between the parties.

REPRESENTATIVE CONTACTS

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