Video Recording Release

Video Recording Release and Services Agreement

This Video Recording Release and Services Agreement (Agreement) is entered into as of by and between Producer Name: and Participant Name: .

WHEREAS

WHEREAS, Producer intends to produce and record video and audio recordings, photography, and related media materials relating to the project described in the Scope of Work below; and

WHEREAS, Participant has agreed to perform services and to be recorded and photographed, and to grant Producer certain rights to use Participant's likeness, voice and performance under the terms set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows.

1. Scope of Work

Producer shall arrange, coordinate and bear responsibility for scheduling, technical crew, equipment, and post-production services necessary to capture the recordings described above. Participant shall appear and perform as agreed and shall cooperate with reasonable directions from Producer's representatives.

2. Grant of Rights

Participant hereby irrevocably grants to Producer, its successors, licensees and assigns, a perpetual, worldwide, royalty-free, transferable right and license to record, reproduce, edit, distribute, publicly display, broadcast, sublicense and otherwise use Participant's name, image, likeness, voice, performance and biographical material in connection with the recordings and any derivative works (collectively, the Materials) in all media now known or hereafter devised, for any commercial or non-commercial purpose.

3. Compensation and Payment Terms

Unless otherwise agreed in writing, payments not received within thirty (30) days of the due date shall accrue the late fee specified above and Producer may suspend further services until payment is brought current. Participant acknowledges that the grant of rights herein is conditioned on full payment as set forth above.

4. Term and Termination

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Agreement for material breach by the other party if such breach remains uncured thirty (30) days after written notice. Termination shall not relieve either party of obligations accrued prior to termination, including payment obligations and the continued effect of grant of rights to the extent described herein.

5. Confidentiality

Except as necessary to exploit the Materials as set forth in this Agreement, each party shall keep confidential all non-public business information disclosed by the other party and shall not disclose such information without the disclosing party's prior written consent. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, or information lawfully obtained from a third party without confidentiality obligations.

6. Representations, Warranties and Indemnification

Participant represents and warrants that Participant has full right and authority to enter into this Agreement and grant the rights granted herein; that Participant's performance will not violate any agreement with any third party; and that Participant will not assert any moral rights or similar claims against Producer. Participant shall indemnify and hold Producer harmless from and against any and all losses, claims, damages, liabilities and expenses (including reasonable attorneys' fees) arising from breach of the foregoing representations and warranties.

7. Release and Waiver

Participant releases Producer and its licensees, successors and assigns from any and all claims, demands, actions and liabilities of any kind relating to use of the Materials, including claims for invasion of privacy, libel, slander, defamation, or violation of any right of publicity or copyright, to the fullest extent permitted by law.

8. Governing Law; Venue

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 submit to the exclusive jurisdiction of the state and federal courts located in that State for resolution of disputes arising from this Agreement.

9. Entire Agreement; Amendment

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations and understandings, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

10. Notices

All notices shall be in writing and delivered to the addresses above by certified mail, courier, or personal delivery and shall be deemed given upon receipt.

11. Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Producer may assign to an affiliate or successor without Participant's consent in connection with a sale of substantially all of Producer's assets or business.

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