This release (“Release”) is made to allow Pitman Casting Inc. (“Company”) to consider me for potential participation in connection with a project tentatively “Untitled Docu-Series”. (the “Project”). I am giving this Release in consideration for Company considering me to participate in the Project and I recognize that my signature on this Release is a condition of Company considering me to participate in the Project. I agree that Company and its affiliates and assigns (including, without limitation, event and program sponsors, advertisers, and marketing partners) may interview, tape, photograph and record me, my voice, conversation, any and all other activity and results thereof (including quotes, paraphrases, sounds, performance(s) of musical composition(s), and drawing(s), sketching(s), and/or similar work(s) (collectively, “Artwork”) I create on-camera), and any information and/or material that I provide or may provide to Company in connection with my potential participation in the Project (including, without limitation, any information and/or materials in the Application Packet to which this Release is attached) (“Material”) for use in and in connection with the Project and other sponsored or unsponsored programming (my “Casting Participation”).
I recognize the possibility that any element of my Casting Participation (including, without limitation, the Artwork and Material) may be identical with or similar to material which has or may come to Releasees (in each instance, as defined below) and/or Releasees’ affiliated or related entities from other sources. I acknowledge that all information and material is submitted voluntarily and not in confidence or in trust and that no confidential or fiduciary relationship is intended or created between Company and me by reason of such submission or otherwise. I acknowledge that this Agreement shall not put any or all of the Releasees in a more restricted position than a member of the general public with respect to any rights in my Casting Participation (including, without limitation, the Artwork and Material). Without limiting the foregoing, I specifically acknowledge and agree that (a) I do not and will not under any circumstances have or assert any so-called “idea submission,” implied contract or similar claim against Releasees, and (b) Releasees are free to use (i.e., Releasees will not owe me any money or other obligation for using) any portion of my Casting Participation (including, without limitation, the Artwork and Material).
I agree that Company and or its network affiliation shall be the exclusive owner of all copyright and other rights in and to the Project, my Casting Participation, and any excerpts therefrom, and that Company will have the exclusive right to use, and license or otherwise authorize others to use, them, in any manner Company wishes and in any and all media now known or hereafter discovered or developed, in perpetuity, throughout the universe. Notwithstanding the prior sentence, Company shall not commercially release any audio or audiovisual products intended for home consumer use which embody any performance of musical compositions in my Participation or any Artwork created in my Participation, without Company obtaining any necessary approvals that may be required by my record label, if applicable.
Except as Company may direct or approve in each instance, I will not myself, or authorize others to, (i) advertise, promote or and/or disclose my Casting Participation, or (ii) use or disclose any information about the Project, and/or trade secrets and/or other proprietary information of Company (or any of its affiliates), that I learn as a result of my Casting Participation.
I represent and warrant that (A) all information I am providing to Company in this Release and in the Application Packet to which this Release is attached is valid, true and accurate, and that I have (or will concurrently provide) to Company full and accurate information regarding my name (including prior names, aliases and professional/stage names), address and date of birth, for Company’s record-keeping purposes; (B) the consent of no other person or entity (including, without limitation, any labor organization) is required to enable Company to use my Casting Participation, the Material and/or Artwork as described herein; (C) the use of my Casting Participation, the Material and/or Artwork by Company and/or any of the Releasees (as defined below) will not violate the rights of any third party; and (D) Company shall have the right to use my Casting Participation, the Material and/or Artwork free and clear of any claims for royalties, residuals or other compensation.
I, on behalf of myself, my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (“Releasing Parties”) hereby agree not to sue and irrevocably and unconditionally release, waive and forever discharge Company and its past, present and future parents ), subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, employees, successors and assigns, jointly and individually, and all entities and persons associated with the Project (all of the foregoing, collectively, “Releasees”), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown (“Claims”), which I (or my assigns, agents and/or representatives) ever had, now has, or in the future may have against the Releasees, including, without limitation, claims arising out of or related to the uses described herein, my application for and/or participation in or in connection with the Project, the Project, my Casting Participation, the Application Packet and/or any information and/or material provide in connection therewith (and/or in connection with the Project) and/or my decision apply for potential participation in connection with the Project.
I further agree that I shall be liable for any attorneys’ fees and costs incurred by Company and/or any of the Releasees in connection with any claim or lawsuit brought in violation of this Release. I, individually and on behalf of the Releasing Parties, agree to defend (at indemnitees’ option), indemnify and hold harmless the Releasees from any and all Claims caused by or arising out of my application for and/or participation in and/or in connection with the Project, including, without limitation, any of the following: (I) any statement, action or omission made or taken by me or anyone else during or in connection with or relating to the Project; (II) Releasees’ use of my Casting Participation, the Material and/or Artwork or any rights granted by me herein in any manner; and (III) my breach of any of my representations, warranties, undertakings, promises or obligations pursuant to this Release or the Application Packet. In no event shall I have the right to enjoin the development, production or distribution or exploitation of the Project. Company may transfer and assign this Release or all or any of its rights or privileges hereunder to any entity or individual without restriction. This Release shall be binding on all of my successors-in-interest and heirs. This Release sets forth the entire agreement between Company and me with respect to the subject matter hereof and may not be altered or amended except in writing signed by both parties. This Release and all questions arising under this Release will be governed by and construed in accordance with the laws and decisions of the state of What do you love most about boats and sailing? applicable to contracts entered into and fully to be performed therein, without giving effect to the principles thereof relating to conflicts of law; the parties irrevocably consent and agree to the exclusive jurisdiction and venue of the state and federal courts having jurisdiction over Los Angeles County, California with respect to any action that any party desires to commence arising out of or in connection with this Release or any breach or alleged breach of any provision of this Release, irrevocably consent to personal jurisdiction by such courts, and irrevocably waive any objection as to improper venue or that any state or federal court of California is an inconvenient forum. The parties hereby irrevocably waive, to the fullest extent permitted by law, all right to a trial by jury in connection with any dispute arising out of or relating to this Release.