Media Deepfake Consent Form

MEDIA DEEPFAKE CONSENT FORM

Client Name:    Producer Name:

Effective Date:    Project Title:

WHEREAS

WHEREAS, Client Name: (the "Subject") is a natural person whose likeness, voice, and/or biometric attributes may be used in synthetic media; and

WHEREAS, Producer Name: (the "Producer") desires to create, use and distribute synthetic media that incorporate the Subject's likeness, voice, or other personal attributes in connection with the Project described above;

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:

SCOPE OF WORK

CONSENT AND LICENSE GRANT

The Subject hereby irrevocably authorizes and grants Producer a non-exclusive, worldwide, transferable license to use, reproduce, modify, generate, synthesize, perform, distribute, publish, and display digital media in which the Subject's likeness, voice, image, or biometric attributes have been incorporated through synthetic or artificial intelligence processes (collectively, "Synthetic Media"), for the purposes identified in this Agreement.

  Image stills / portraits      Video      Synthetic voice/audio      Text / chatbot persona

The Producer represents that Synthetic Media will not be created or used for fraudulent, illegal, highly defamatory, or pornographic purposes. Any use outside the scope expressly described in this Agreement requires an additional written consent signed by the Subject.

PAYMENT TERMS

TERM AND TERMINATION

Term Start Date:    Term End Date:

Either party may terminate this Agreement for material breach by the other party if the breach is not cured within the notice period above. Termination shall not relieve the Producer of obligations to cease creating new Synthetic Media that incorporate the Subject's likeness beyond any uses expressly licensed prior to termination, except where the Subject obtains injunctive relief or where the Producer agrees in writing otherwise.

CONFIDENTIALITY

Confidential Information means non-public information disclosed by either party that is designated as confidential or that a reasonable person would understand to be confidential. Producer agrees not to disclose Confidential Information received from Subject, except as necessary to create, distribute, or monetize the Synthetic Media or as required by law. Confidentiality obligations do not apply to information that: (a) was in the public domain at the time of disclosure; (b) becomes part of the public domain through no fault of the receiving party; (c) was rightfully received from a third party without a duty of confidentiality; or (d) is independently developed by the receiving party without use of the disclosing party's Confidential Information.

REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENTS

The Subject represents and warrants that the Subject is of legal age and has the full right, power and authority to enter into this Agreement and to grant the rights herein. The Subject acknowledges that synthetic reproduction of their likeness and voice may be created and used as permitted by this Agreement and that the Subject has been informed of the intended commercial and non-commercial uses.

The Producer represents and warrants that it will comply with all applicable laws and will not knowingly create Synthetic Media that violates applicable privacy, publicity, or other rights.

INDEMNIFICATION; LIMITATION OF LIABILITY

Each party agrees to indemnify, defend and hold harmless the other party from and against all liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of any third-party claim resulting from the indemnifying party's breach of this Agreement or its negligent or willful misconduct.

EXCEPT FOR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL COMPENSATION PAID OR PAYABLE TO PRODUCER UNDER THIS AGREEMENT IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction chosen by the parties below. Any dispute arising out of or relating to this Agreement shall be resolved in the courts of that jurisdiction unless the parties agree in writing to arbitration.

This Agreement, together with any attachments or exhibits expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral.

NOTICES

MISCELLANEOUS

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. No waiver of any breach shall be deemed a waiver of any subsequent breach. This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

CONSENT ACKNOWLEDGMENT

By signing below, the Subject acknowledges that they have read and understand this Agreement, that they have had the opportunity to ask questions, and that they voluntarily consent to the creation and permitted uses of Synthetic Media as described herein.

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