HOME EXCERPT DESCRIPTION and INTERVIEW CONTENT SAMPLE RELEASE
PERSONAL RELEASE
Dated as of ___________, _____.
1. For good and valuable consideration, receipt of which is hereby acknowledged, I irrevocably authorize Louise A. Barry, Inc. d/b/a 1st Wave Productions (“Production Company”) to make use of my appearance in connection with that documentary currently titled “Voices: Kids of Divorce” (the “Documentary”), to be produced by Production Company, regarding divorce.
2. I understand that I may be filmed, videotaped and/or photographed, and any such films, videotapes and photographs may include my name, voice and/or likeness. I understand and agree that Production Company has and shall retain in perpetuity the right to copyright, use, license others to use, edit, alter and otherwise exploit all or any portion of any resulting films, videotape(s) and/or photograph(s) or any reproduction(s) thereof, and any materials (including, without limitation, any films, photographs or videotapes, which may contain performances of works that are original to me) submitted by me in any manner or medium (including, without limitation, any and all forms of television regardless of the means of transmission and the internet), whether now known or hereafter devised, for any purpose and for an unlimited number of times, in perpetuity, throughout the universe, without compensation, except as specified herein and/or to the extent prohibited by law. I also agree to allow the Production Company, and any its assignees or licensee to use my contribution, photograph, film footage, and biographical material in connection not only with the Documentary, but also in any advertising, marketing or publicity for the Documentary and in connection with any ancillary products associated with the Documentary, without compensation, except as specified herein and/or to the extent prohibited by law.
3. I hereby irrevocably assign to Production Company (or irrevocably waive, in the event such assignment is not possible) any and all “moral rights” or similar law or rights. I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that Production Company will rely on the permissions granted herein and I hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. I further represent that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my appearance will violate or infringe upon the rights of any third party.
4. To the maximum extent permitted by law, I agree that I will never sue Production Company, or any other third party because: (a) Production Company did not take or use photographs or videotape of me, (b) Production Company did not use my name or information about me, (c) I do not like the manner in which Production Company and/or its licensees or assignees took or used the photographs or videotape, or (d) I do not like the manner in which Production Company and/or their licensees or assigns used my name or information about me, or what is said about me.
5. I represent and warrant that I understand that, it is a federal offense, unless disclosed to Production Company prior to broadcast to: (i) give or agree to give any member of the production staff, anyone associated in any manner with the Documentary anything of value for arranging for my appearance in the Documentary; or (ii) accept or agree to accept anything of value to promote any product, service or venture on the air, or use any prepared material containing such a promotion where I have received consideration for it. I acknowledge that I am aware that it is Production Company’s policy not to permit the acceptance or payment of any such consideration and that any such acceptance of payment shall constitute a material breach of this Personal Release. In accordance therewith, but not as limitation thereon, I expressly represent that I have not accepted or paid, and I agree not to accept, pay or agree to accept or pay, any such consideration.
6. I hereby release Production Company from any and all claims, demands or causes of action which I and/or my heirs, successors, or assigns may now have or hereafter acquire by reason of Production Company’s exercise of the rights herein granted including, without limitation, any claims that any characters in any productions are intended to represent me by reason of the use of photographs and/or recordings made hereunder. I hereby waive any and all claims of defamation and "false light", violation of rights of privacy and/or publicity, and/or any other rights of a similar or dissimilar nature in connection with the exploitation of any such photographs and/or recordings and I hereby agree not to assert any claim of any nature whatsoever against any party related to the subject matter hereof, including but not limited to: i) damages caused by “acts of God” (such as, but not limited to juries from natural disasters); ii) damages causes by acts of terrorism or war; iii) infliction of emotional distress (whether allegedly intentional or negligent); iv) trespass (to property or person); v) breach of an alleged contract (whether the alleged contract is verbal or in writing); vi) allegedly deceptive business or trade practices; vii) copyright or trademark infringement; viii) violations of Section 43(a) of the Lanham Act; ix) prima facie tort; x) tortious or wrongful interference with any contract or business of mine; and xii) any claims arising out of my viewing of any sexually-oriented activities or material. In such regard, I waive any rights I may have under California Civil Code Section 1542 which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby agree to and do hereby indemnify and hold harmless Production Company from and against any breach of this Personal Release by me and/or any claim, action, proceeding, and/or demand brought, maintained, prosecuted or made by or through me and from and against any and all loss, cost, damage and/or expense incurred by Production Company in connection therewith, including, but not limited to attorneys’ fees and costs.
7. I acknowledge that Production Company may be incurring substantial sums in reliance on the permissions granted herein and I shall in no event be entitled to rescind or terminate this Personal Release or any of the rights granted hereunder, or to seek same, or to interfere with, restrain, enjoin or otherwise impair the development, production, exhibition, distribution, promotion, advertising or other exploitation of the Documentary, or any other productions, or the use of any photographs, recordings or other materials produced hereunder, and my sole remedy in any or all cases and in connection with any claims shall be an action at law for actual money damages, if any.
8. I understand that Production Company shall be under no obligation to actually use my name, voice and/or likeness in any manner in the Documentary.
9. I acknowledge that I am not relying upon any promises or statements made by anyone abut the nature of the Documentary or the identity of any other participants or persons involved in the Documentary.
10. This Personal Release shall be subject to and construed in accordance with the laws of the State of California. Any and all disputes arising out of or related to this Personal Release shall be mediated, and then subsequently arbitrated by binding arbitration, if necessary, before ADR Services, Inc. in Los Angeles, California. In the event arbitration is instituted to enforce or determine the parties’ rights or duties arising out of the terms of this Personal Release, the party substantially prevailing shall be entitled to recover such amount for its cost and attorneys fees incurred in connection with the arbitration or other proceeding as shall be determined by the arbitrator or judge.
11. This Personal Release shall be binding upon me and my heirs, successors, licensees and assigns forever and shall be freely assignable by Production Company. This Personal Release sets forth the entire understanding of the parties and may not be modified except by a writing signed by me and Production Company.
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PARENTAL/GUARDIAN CONSENT
[TO BE EXECUTED IF CONSENTING PARTY IS A MINOR]
In order to induce Production Company to enter the foregoing agreement, I represent and warrant that I am the parent or guardian of the above-signed minor (“Minor”). I have read the foregoing Personal Release and am familiar with all of the terms and conditions thereof and I consent to its execution by the Minor. I agree that neither I nor the Minor will revoke or disaffirm the foregoing Personal Release at any time. I warrant that no other person(s) consent is required to effectuate this consent or the foregoing Personal Release. I agree to indemnify and hold Production Company and its successors, licensees and assigns harmless from and against any and all claims, liabilities, costs or expenses, including attorneys’ fees and costs which may arise from the breach or alleged breach by the Minor or me of the foregoing Personal Release or this consent.
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Signature of Parent/Guardian
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Name of Parent/Guardian
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Phone: ( ___ ) _________________
Mobile: ( ___ ) _________________