Legal Testimonial Consent Form

LEGAL TESTIMONIAL CONSENT FORM

This Testimonial Consent Form is entered into by and between Requesting Party: , with principal address: , and Testifying Party: , with principal address: .

RECITALS

WHEREAS, Requesting Party requires testimony, statement, or other evidentiary materials from Testifying Party for purposes of investigation, deposition, administrative proceeding, trial preparation, or other legal or fact-finding processes; and

WHEREAS, Testifying Party possesses personal knowledge and/or information relevant to the matters described above and is willing to provide testimony and related materials under the terms and conditions set forth herein; and

WHEREAS, the parties desire to set forth their respective rights, obligations, and limitations with respect to the taking, recording, use, and dissemination of such testimony and materials.

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

1. DEFINITIONS

For purposes of this Agreement: (a) "Testimony" means any sworn or unsworn oral statement, deposition, affidavit, declaration, interview, or other verbal account provided by Testifying Party; (b) "Recording" means any audio, video, photographic, digital, stenographic or other form of capturing Testimony; (c) "Materials" means transcripts, exhibits, demonstratives, recordings, summaries and any derivative works based on Testimony.

2. SCOPE OF CONSENT

Testifying Party hereby consents to provide Testimony on the following subject matter and within the following scope:

The scheduled date(s) for provision of Testimony are: and the location or forum is: .

3. RECORDING, USE, AND OWNERSHIP

Testifying Party authorizes the following with respect to Recording and Materials (check all that apply):

Audio recording of Testimony permitted Video recording of Testimony permitted Stenographic or transcript production permitted Photographic or still-image capture permitted

Unless otherwise limited by applicable law or by a separate written agreement, Testifying Party grants Requesting Party a perpetual, worldwide, royalty-free, transferable license to use, reproduce, distribute, display and prepare derivative works of the Materials for purposes of litigation, investigation, administrative proceedings, and legal reporting. Ownership of original raw recordings shall remain with , subject to the license granted herein.

4. CONFIDENTIALITY AND PRIVILEGE

Testifying Party acknowledges that certain Testimony may implicate privileged or confidential information. Testifying Party represents that, except as disclosed in writing below, no portion of the Testimony is subject to a confidentiality agreement, protective order, or privilege that would prohibit Testifying Party from consenting to the uses set forth in this Agreement.

Testifying Party expressly acknowledges that execution of this Agreement does not constitute a waiver of any attorney-client privilege or other legal privilege except to the extent Testifying Party affirmatively discloses privileged information or otherwise consents in writing to such a waiver.

5. RELEASE, INDEMNIFICATION, AND LIMITATION OF LIABILITY

Testifying Party releases Requesting Party and its agents, representatives and assigns from any claims, liabilities or causes of action arising solely from the recording, reproduction, and use of Testimony consistent with this Agreement. Testifying Party shall indemnify and hold harmless Requesting Party from and against any third-party claims arising from Testifying Party's breach of any representation, warranty, or covenant contained herein, including claims that Testifying Party lacked authority to grant the consents herein.

6. COMPENSATION AND EXPENSES

Testifying Party shall be compensated as follows (if none, enter "None"): . Reimbursement for reasonable travel, lodging, and meal expenses shall be provided as follows: .

7. REPRESENTATIONS AND WARRANTIES

Testifying Party represents and warrants that: (a) Testifying Party is competent to enter into this Agreement and has full authority to grant the consents herein; (b) the execution and performance of this Agreement will not violate any agreement, order, or applicable law; and (c) all statements of fact provided in connection with this Agreement are true and complete to the best of Testifying Party's knowledge.

8. REVOCATION

Testifying Party may revoke consent only by written notice delivered to Requesting Party at the address provided in the Notices section below. Any revocation shall be effective only prospectively and shall not affect Requesting Party's rights to use or retain Materials created in reliance on consent given prior to receipt of the revocation.

9. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand, certified mail, or overnight courier.

10. MISCELLANEOUS

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state identified by Requesting Party's primary address, without regard to conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located therein for resolution of disputes arising under this Agreement.

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and the invalid or unenforceable provision shall be reformed only to the extent necessary to make it enforceable.

Amendments; Waiver: No amendment or waiver of any provision of this Agreement shall be effective unless in a writing signed by both parties. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.

Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be binding for all purposes.

Sign Now