Media Recordings Release Agreement

Media Recordings Release Agreement

Parties and Effective Date

Effective Date:

Recitals

WHEREAS, Producer intends to capture audio, video, photographic or other media recordings of Contributor's image, voice, performance, and/or statements (collectively, the Recordings) in connection with Producer's production, promotion, distribution, and archival purposes;

WHEREAS, Contributor desires to grant Producer the rights set forth herein in exchange for the consideration and terms provided in this Agreement; and

WHEREAS, the parties intend for this Agreement to confirm the scope of rights, compensation, confidentiality obligations, and remedies related to the Recordings.

Scope of Work; Description of Recordings

Date(s) of Recording:    Location:

Grant of Rights

Contributor hereby irrevocably grants to Producer, its successors, assigns, licensees and designees, a perpetual, worldwide, royalty-free, transferable, sublicensable, exclusive (except as limited by this Agreement) right and license to record, copy, edit, modify, reproduce, distribute, exhibit, display, perform, transmit, publish, and otherwise use the Recordings, in whole or in part, in any and all media now known or hereafter devised, for any purpose including but not limited to advertising, promotion, exhibition, distribution, and archival storage.

Contributor waives any so-called "moral rights" or rights of attribution and integrity in the Recordings to the extent permitted by applicable law and acknowledges that Producer may edit, combine, alter or adapt the Recordings at Producer's sole discretion.

Compensation and Payment Terms

As full consideration for the rights granted in this Agreement, Producer shall pay Contributor the sum of $ (USD), subject to the schedule and conditions set forth below.

Late Payment: Any undisputed past-due amounts shall accrue interest at a rate of , or the maximum rate permitted by law, whichever is lower. Failure to pay undisputed amounts within thirty (30) days after written notice shall be a material breach.

Expenses: Producer shall reimburse Contributor for pre-approved, reasonable out-of-pocket expenses documented with receipts up to the amount of $ unless otherwise agreed in writing.

Term; Termination

Term: This Agreement commences on the Effective Date and, unless earlier terminated as provided herein, shall continue in perpetuity with respect to Producer's rights to use the Recordings. Effective Start Date:   Anticipated End Date (if any):

Termination: Either party may terminate this Agreement for material breach by the other party if such breach is not cured within days after written notice. Termination shall not affect Producer's rights to use Recordings made prior to termination, nor shall it relieve Producer of obligations to pay amounts due for services already rendered.

Confidentiality

Each party shall keep confidential and shall not disclose to any third party any non-public information designated in writing as confidential by the other party, except as required by law or to the extent necessary to exercise rights or perform obligations under this Agreement. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party.

Warranties, Representations and Indemnification

Contributor represents and warrants that Contributor has full legal capacity and authority to enter into this Agreement and to grant the rights herein; that the Recordings will not infringe on the rights of any third party; and that no other consent is required to grant the rights set forth. If Contributor is a minor or subject to any third-party rights, Contributor shall obtain and provide written consent from a parent, guardian, or other necessary third party prior to recording.

Indemnification: Contributor shall indemnify, defend and hold harmless Producer, its affiliates and licensees, and their respective officers, directors and employees from and against any claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of breach of Contributor's representations or any claim that Contributor's performance or the Recordings infringe or misappropriate any third-party rights.

Use, Credit and Publicity

Producer has sole discretion to determine whether and how Contributor is credited. Any credit, if provided, shall be determined by Producer. Contributor grants Producer the right to use Contributor's name, likeness and biographical information in connection with the exploitation of the Recordings and any publicity relating thereto.

Governing Law; Remedies

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties agree that monetary damages may be inadequate for breach of certain provisions and that injunctive relief and specific performance are appropriate remedies in addition to all other remedies at law or in equity.

Entire Agreement; Miscellaneous

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. Any amendment to this Agreement must be in writing signed by both parties. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

Acknowledgment and Signature

By signing below, Contributor and Producer acknowledge that they have read and understood this Agreement, that they have had the opportunity to seek independent advice, and that they accept the terms and obligations herein.

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