Performer Release Agreement

PERFORMER RELEASE AGREEMENT

This Performer Release Agreement (the "Agreement") is made effective as of by and between Producer Name: with principal address at (hereinafter "Producer"), and Performer Name: with principal address at (hereinafter "Performer").

Recitals

WHEREAS, Producer is engaged in the production, distribution and exploitation of audio, visual, photographic and multimedia works and desires to capture and obtain certain performances, appearances, voices, images and contributions of Performer (collectively, the "Performance"); and

WHEREAS, Performer is willing to render the Performance and to grant Producer certain rights in and to the Performance on the terms and subject to the conditions set forth in this Agreement; and

WHEREAS, the parties desire to set forth their understanding and agreement regarding the rights, obligations and consideration for the Performance.

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

1. Grant of Rights

1.1 Grant. Performer hereby irrevocably assigns, transfers and conveys to Producer and Producer's licensees, successors and assigns, exclusively and in perpetuity, the entire right, title and interest in and to Performer's Performance, name, likeness, voice, biographical information and any other materials provided by Performer in connection with the Production (collectively, the "Materials"), including the right to record, edit, reproduce, distribute, broadcast, transmit, exhibit, license, sublicense and otherwise use the Materials in any and all media now known or hereafter devised, throughout the universe, in perpetuity, without further compensation to Performer except as set forth in Section 2.

1.2 Right to Modify. Producer shall have the unrestricted right to edit, adapt, dub, translate, combine with other materials and otherwise modify the Materials, and to use Performer's name and likeness in connection with advertising, promotion and exploitation of the Production.

2. Compensation

2.1 Consideration. As full and complete consideration for the rights granted herein, Producer shall pay Performer the sum of USD, payable according to the terms set forth below.

3. Representations and Warranties

3.1 Performer represents and warrants that: (a) Performer has full right, power and authority to enter into this Agreement and to grant the rights granted herein; (b) Performer is at least eighteen (18) years of age and is not under any existing contract, agreement or obligation that would prevent performance of the obligations or grant of rights under this Agreement; and (c) the Materials and Performer's performance do not infringe the rights of any third party.

3.2 Producer represents and warrants that: (a) Producer has full right, power and authority to enter into this Agreement and to exploit the rights granted herein; and (b) Producer will comply with applicable laws in the exercise of its rights.

4. Release and Waiver

Performer hereby releases and discharges Producer and its licensees, successors and assigns from any and all claims, demands, liabilities, causes of action and damages of every kind, whether known or unknown, arising out of or in connection with the use, distribution or exploitation of the Materials, including claims for invasion of privacy, defamation, publicity or infringement of moral rights or any other rights arising under statute, common law or equity.

5. Moral Rights

Performer expressly waives any and all "moral rights" or rights of attribution and integrity in the Materials to the fullest extent permitted by law and acknowledges that Performer shall not have any right to restrain or enjoin any exploitation of the Materials by Producer.

6. Indemnification

Performer shall indemnify, defend and hold harmless Producer and its officers, directors, employees, agents, licensees and assigns from and against any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of any breach of Performer's representations, warranties or covenants in this Agreement or any claim that the Materials infringe or misappropriate the rights of any third party.

7. Confidentiality

The parties agree that any confidential information disclosed in connection with the Production shall be kept confidential and shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to effectuate the purposes of this Agreement.

8. Credits

Producer shall have no obligation to provide screen credit or other credit to Performer, except as agreed in writing. Any credit provided shall be at Producer's sole discretion and form.

9. 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 either party may designate by written notice to the other.

10. Termination

This Agreement shall commence on the effective date set forth above and shall survive in full force and effect in perpetuity with respect to the rights granted in Section 1, unless otherwise terminated by written agreement of the parties. Termination shall not affect Producer's rights in Materials already created or exploited.

11. Miscellaneous

11.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law principles.

11.2 Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written.

11.3 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect and the parties shall negotiate in good faith a substitute, valid and enforceable provision that achieves, to the extent possible, the economic, legal and commercial objectives of the original provision.

11.4 Amendments; Waiver. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. The failure of either party to enforce any right shall not be deemed a waiver of such right.

11.5 Counterparts. 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.

Performer confirms that Performer is at least 18 years of age, has the full legal capacity to enter into this Agreement, and has read and understands the terms set forth herein.

Acknowledgment

Performer acknowledges that Performer has had an opportunity to ask questions and seek independent advice regarding this Agreement, that Performer has read and understands this Agreement, and that Performer voluntarily signs this Agreement intending to be legally bound.

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