Photo Release Clause
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1. For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, I (as used herein, "I" "me" "my" or "myself" means and refers to you, your representatives, successors, and assigns) authorize Space United, LLC, including its affiliates ("Company'') to include me in a production tentatively entitled "Space United" (w/t) (the "Project'). I understand and agree that
Space United, LLC, including it's affiliates, ("Distributor") are express, intended third party beneficiaries of this Release. I hereby grant to Company the irrevocable right to film, tape, photograph, and record my appearances, name, likeness, voice, conversations and singing
voice (including, but not limited to any musical performance) for use in and in connection with the Project. I hereby further irrevocably grant Company and Distributor the irrevocable and perpetual right throughout the universe in any manner and all media, now known and
hereafter devised, to use my name, nicknames, voice (actual or simulated), biographical material and likeness (actual or simulated) in and in connection with the Project, including, without limitation in any "behind-the-scenes" programming, "b-roll" and interviews; and in the
advertising, marketing, promotion and exploitation of the Project by the Company or Distributor.
2. I acknowledge and agree that the consideration I will receive for my participation on the Project is the opportunity for publicity that I will
receive if Company decides to include my participation in the Project.
3. I agree that Company and Distributor shall be the exclusive owner of all right, titJe, and interest, including, but not limited to, copyright, in and to the Project and the results and proceeds of my participation. Company shall have the exclusive right, but not the obligation to
actually use my Participation as part of the Project, or to actually telecast, exhibit or otherwise exploit the Project, and to license, and/or otherwise authorize third parties to use or exploit the Project and the results and proceeds of my Participation in any manner Company
wishes, in any and all media now known or hereafter discovered or developed, in perpetuity, throughout the universe.
4. I shall have no rights of review or approval regarding the Project, use of my name, biography, voice or likeness, or the exercise of rights granted herein. Company and Distributor shall have the unrestricted right to edit, alter, or delete my participation and/or my likeness,
juxtapose any part of my participation with any other materials, change the sequence of events, and make any other changes in my participation as Company chooses in Company's sole discretion. I confirm that any statements made by me during my participation will be
truthful and will not violate or infringe any third party's rights.
5. I acknowledge that any and all information concerning or relating to the Project, including, but not limited to sets, locations, the premise
or concept of the Project, stories, the nature of certain events in the Project, outcomes, or information regarding any characters, participants, cast or crew members, my participating in the Project, or any other elements of the Project (collectively, "Confidential Information") is the sole and exclusive property of Company and shall be strictly confidential. I will not make, print, authorize or otherwise disclose, divulge or disseminate to any third party at any time (whether by oral, written, social media, biogs or any electronic or other
means) any Confidential Information. I agree not to use (or authorize the use of) any camera, cell phone or recording device to photograph or record any Confidential Information or any activity related to the Project and further agree that all rights to any such photographs or
recordings shall be exclusively owned by Company as a "work-made-for hire" (or alternatively, are hereby assigned to Company). I acknowledge and agree that any disclosure of such Confidential Information by me shall constitute a material breach of this release and
shall cause Company irreparable injury. I further agree that in the event of any disclosure by me of any Confidential Information, I shall be liable to Company and I agree that Company shall have the right to utilize all available remedies under the law, including both financial and injunctive relief, in connection with any breach of this confidentiality provision by me. I expressly agree that Company shall be entitled to
any and all relief available to Company as reasonable compensation for the significant harm which will be incurred by Company as a result of any such disclosure and/or breach of this Release by me. I will not make, print, authorize or otherwise disclose, divulge or disseminate to any third party at any time (whether by oral, written, social media, biogs or any other means) any Confidential Information. I acknowledge
and agree that any disclosure of such Confidential Information by me shall constitute a material breach of this Release and shall cause Company irreparable injury. All aspects of the publicity and promotion for the Project shall be at Company's and/or its designee's sole discretion.
6. I hereby irrevocably and unconditionally release, waive and forever discharge Company and Distributor, from any and all manner of
liabilities, claims and demands of any kind or nature, in law or equity, which I ever had, now have, or in the future may have against the Releases arising out of or resulting from my participation on the Project, and/or the exploitation thereof. To the maximum extent permitted by law, I irrevocably agree to indemnify and hold harmless each of the Company and Distributor from and against any and all third party claims arising out of my participation (including statements made), or any breach of any covenant, representation, or warranty made by
me in this Release. I hereby waive any moral rights or "droit moral" I may have in my participation and any right of inspection thereto. In no event shall I have the right to enjoin, restrain or otherwise impair Company's and/or Distributor's development, production, exhibition, advertising, promotion or other exploitation of the Project, or any other rights of Company and Distributor hereunder, and I shall not be entitled to injunctive or other equitable relief under any circumstances.
7. Company may freely transfer and assign this Release or all or any of its rights or privileges hereunder without restriction and this Release
shall inure to the benefit of all such successors or assigns. The illegality, invalidity or unenforceability or any provision of this Release shall
in no way affect the validity or enforceability of any of the remainder of this Release.
8. I agree that this Release will be governed by and construed in accordance with the laws of the State of Washington applicable to contracts
entered into and fully performed therein. Any and all controversies, claims or disputes arising out of or related to this Release or the interpretation, performance or breach thereof ("Dispute"), will be resolved according to the following procedures which will constitute the sole dispute resolution mechanism hereunder: (i} In the event that the parties are unable to resolve any Dispute informally, then such
Dispute will be submitted to final and binding confidential arbitration; (ii) The arbitration will be initiated and conducted according to either the JAMS Streamlined (for claims under Two Hundred and Fifty Thousand Dollars ($250,000)) or the JAMS Comprehensive (for claims over
Two Hundred and Fifty Thousand Dollars [$250,000)) Arbitration Rules and Procedures, except as modified herein, including the Optional
Appeal Procedure, at the Washington office of JAMS, or its successor ("JAMS") in effect at the time the request for arbitration is made (the
"Arbitration Rules"), in accordance with the Federal Arbitration Act; and (fii) The arbitration will be conducted before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Any and all information, communications, or documents produced in or
related to the arbitration shall be kept confidential. The parties waive 1the right to seek punitive damages and the arbitrator shall have no authority to award such damages. Any Dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by
any other provision of this Release), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a Washington court (state or federal) of competent jurisdiction in King County.
