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HomeMy WebLinkAboutSirens Media/Discovery Communications-7/9/20128505 Fenton Street, Suite 206 Silver Spring, MD 20910 Licensor ("Owner"): Address: Phone: Fax: Description of Footage/Still: Please return trim copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 Phone: 301-920-9800 Fax: 301-920-9880 Acquired Footage/Still Photograph License Robert & Goldie Huntbach case documents, photographs, audio & video recordings. For good and valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants SIRENS MEDIA, LLC ("Producer") and DISCOVERY COMMUNICATIONS, LLC ("DCL") and their respective parents, successors, licensees and assigns, the right, but not the obligation, to incorporate the Film Footage Ei Video Footage Ei Still Photograph described above (the "Property") in any manner DCL sees fit in the film or video production tentatively entitled "Stolen Voices/Buried Secrets" (the "Production"), and to use and authorize others to use the Property as so incorporated in the Production in the distribution, sale, licensing, marketing, advertising, promotion, exhibition and other exploitation of the Production in all markets and media (whether now known or hereafter developed), throughout the universe, in perpetuity. Owner warrants and represents that Owner has the right to grant all rights granted herein and Producer and/or DCL's use of the Property as permitted herein will not infringe on the rights of any third party. Owner will indemnify and hold Producer and/or DCL, their parents, successors, licensees and assigns, harmless from and against any and all claims, damages, liabilities, costs and expenses arising out of any breach of the foregoing warranty. Owner acknowledges that Producer and/or DCL will rely on this permission potentially, at substantial cost to Producer and/or DCL and Owner hereby agrees not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. AGREED AND ACCEPTED: PRINTED NAME SIGNATURE BY: TITLE: FOR OWNER SIRENS MEDIA, LLC PRINTED NAME SIGNATURE BY: TITLE: `' 5t' Ei.0 ANtki J www.sirensmedia.com SIRENS MEDIA, LLC 8505 Fenton Street #206 Silver Spring, MD 20910 Appearance Release and Agreement to Portray For good and valuable consideration, receipt of which is hereby acknowledged, I authorize SIRENS MEDIA, LLC ("Producer" or "you") and DISCOVERY COMMUNICATIONS, LLC ("DCL") and their respective parents, affiliates, subsidiaries, licensees, successors and assigns to make use of my appearance for the series currently entitled "Stolen Voices/Buried Secrets" which will tell the story of a murder in the first person by the victim him/herself ("Program") and in connection with Producer and/or DCL or otherwise. I hereby agree to participate in the Program and I acknowledge and understand you will be filming/recording events relating to the murder and that some of the filming/recording may be based on the scenarios that I relate to you in my appearance (including those for which I may have a reasonable expectation of privacy but for the terms of this Release and Agreement). I agree that you may tape and photograph me, and record my voice, conversations and sounds, during and in connection with my appearance and that you shall be the exclusive owner of the results and proceeds of such taping, photography and recording with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, including on the Internet, all or any portion thereof or of a reproduction thereof in connection with the Program or otherwise. For purposes of clarity, I expressly waive any and all moral rights I may have in connection with my appearance. I hereby grant to you, forever and throughout the universe, the non-exclusive right (i) to portray, represent, impersonate and depict me in any manner whatsoever, whether factual, fictional, or both, by any actor or actors whom you may select, under my own name or any other name you may select ("My Attributes") and (ii) to incorporate my life story, including, without limitation, any incidents, dialogue, scenes and situations that I may relate to you which may be factual, based in fact or fictitious, in whole or in part ("My Stories"), in each case in the Program and in or in connection with any exhibition or exploitation of all or any part of the Program, in all media, whether how existing or hereafter devised, worldwide in perpetuity. You shall have the right to adapt, dramatize, rearrange, add to and subtract from My Stories in the preparation of any story or teleplay for the Program and/or any other material prepared for or in connection with the exhibition or exploitation thereof. I 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. I further represent and warrant to Producer that my physical and/or mental health are good and that I have neither knowledge nor notice of any condition or the symptoms thereof which might be aggravated or affected by my participation in the Program. I further agree that you may use and license others to use my name, voice, likeness and any biographical material concerning me, in connection with the Program and in the promotion, advertising, sale, publicizing and exploitation of the Program and/or otherwise and ancillary products (e.g. merchandise) in connection with the Program and in connection with Producer and/or DCL or DCL's affiliated services, throughout the world in any and all media, including the Internet, whether now known or hereafter discovered, an unlimited number of times in perpetuity. I further grant to you the non-exclusive irrevocable right to use and reproduce, and to license others to use and reproduce, any materials (e.g. photographs, sketches, letters, videotapes, etc) that I may fumish, directly or indirectly, for display on -camera (the "Licensed Material"), in whole or in part, in connection with the production, exhibition, advertising, promotion, and/or other exploitation of the Program, in any and all media, whether now known or hereafter devised, worldwide in perpetuity as you shall determine provided you shall be responsible for securing permission from third parties who may appear in such Licensed Materials. To the maximum extent permitted by law, I agree that I will never sue you, DCL or anyone because I do not like the manner in which I am portrayed or the exploitation of My Attributes and/or My Stories and/or the Licensed Material. I hereby release Producer, DCL and any of Producer's or DCL's respective affiliated entities, officers, directors, employees, agents, representatives, contractors, assignees and licensees (collectively, the "Released Parties") from all liability and obligations to me of any and all nature whatsoever arising out of or in connection with the exercise of the rights granted above, including, without limitation, from any liability for libel, defamation, misappropriation, violation of my rights of privacy, including, without 1 limitation, false Tight, publicity, infringement of copyright or any other right and expense respecting this Release and Agreement and the rights herein granted. For avoidance of doubt, I agree that I will not at any time claim or assert that any portrayal, representation, impersonation or depiction of me, or any exploitation of My Attributes and/or My Stories and/or the Licensed Material, pursuant to this Release and Agreement, constitutes a violation of any of my rights, including, without limitation, my copyrights, my right of privacy, publicity and my right to bring and prosecute an action for defamation. The rights granted herein shall also include the right to edit, delete, dub and/or otherwise modify all photographs, film and recordings subject hereof as you see fit in your sole discretion. I hereby waive any right of inspection or approval of my appearance, the uses to which such appearance may be put and the Program. I acknowledge that you will rely on this permission potentially, at substantial cost to you and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. In no event will I be entitled to injunctive or other equitable relief, and in no event will I be entitled to terminate this Release and Agreement. I acknowledge that you have no obligation to include me, My Attributes, My Stories and/or any of the Licensed Material in the Program. I acknowledge that there is a possibility that subsequent to the execution of this Release and Agreement, I may discover facts or incur or suffer claims which were unknown or unsuspected at the time this Release and Agreement was executed, and which if known by me at that time may have materially affected my decision to execute this Release and Agreement. I acknowledge and agree that by reason of this Release and Agreement, and the releases contained in the preceding paragraphs, I am assuming any risk of such unknown facts and such unknown and unsuspected claims. I agree at all times to indemnify and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses and expenses (including without limitation, reasonable attorneys' fees) which may arise from or in connection with any breach or alleged breach of any representation, warranty or agreement made by me hereunder or from the exploitation of the rights granted hereunder, whether whole or in part. Under no circumstances are you or your successors or assigns to be in a less favorable situation than you or they would have been had you not secured from me the rights, privileges, powers and/or immunities contained herein. This is the entire agreement. No other authorization is necessary to enable Producer to use the rights granted herein for the purpose herein contemplated. If any provision of this Release and Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this Release and Agreement, and the invalidity or unenforceability of any provision of is Release and Agreement in any jurisdiction shall not affect the validity or enforceability of any such pr • - on in any ojher juj-isdicti (Please Print) Name: G Ietafd Address: Phone: 6, i b 1 ni .( G T ignature_ i 9/ p Date (3°6 —Lb) 2 Date of Birth SIRENS MEDIA, LLC 8505 FENTON STREET SILVER SPRING, MARYLAND 20910 LOCATION RELEASE DATE: (Name) (Phone) (Address) I understand that Sirens Media, LLC ("Producer) wishes to photograph and record at and upon the premises known as: and located at (the "Premises") in connection with the television program currently entitled "Stolen Voices/Buried Secrets" which will tell the story of a murder in the first person by the victim him/herself (the "Program"). I grant permission to Producer to use the interior and/or exterior of the Premises for the purposes of photographing and recording scenes for possible use in the Program. I also grant permission to Producer to bring onto the Premises such equipment and personnel as Producer may deem necessary to record such scenes on the following dates: from to (the "Term") unless the Term is modified by Producer due to weather conditions, changes in the production schedules or for any other customary "force majeure" reason. In the event Producer requires use of the Premises for additional use in connection with the Program including, without limitation, to retakes or other scenes, I shall permit Producer to re-enter upon and again use the Premises for such purpose. The dates of such additional use shall be subject to my approval which shall not be unreasonably withheld or delayed. All physical embodiments of filming, recording and photography on the Premises shall hereinafter be known as the "Materials". Producer shall have the right to record, edit and produce the Materials, including the right to use any scenes and footage in connection with the Premises, as Producer deems appropriate in its sole discretion. Producer and third parties authorized by Producer shall have the right, but not the obligation, to distribute, exhibit, advertise and promote the Materials and the Program in and by any and all media, now known or hereafter developed, throughout the world, in perpetuity. Signs on the Premises may, but need not, be removed or changed, but, if removed or changed, Producer will replace them. Producer may, if it elects, include any and all signs on the Premises, any and all fumishings, artwork and other objects located in or around the Premises, and any tradenames, trademarks, copyrights and logos of mine or visible on the Premises in the photographs, film and recordings. I hereby acknowledge that neither I nor any owner or tenant, nor any other party now or hereafter having an interest in the Premises, has any interest in Producer's photography or recording on or of the Premises nor any right of action including, without limitation, any right to injunctive relief against Producer or any other party arising out of any use of the Materials. Producer agrees to leave the Premises in substantially as good condition and order as when received, except for reasonable wear and tear of the Premises for the purposes permitted herein, and to use reasonable care to prevent damage to the Premises by Producer and its employees. Producer will indemnify and hold me harmless from any claims and demands arising out of or based upon personal injuries or property damage resulting from the negligence or willful misconduct of Producer, its officers, employees, agents or representatives while Producer is engaged in the aforementioned use of the Premises. I represent and warrant that (i) I am either the owner, lessee, manager or supervisor of the Premises with legal authority to sign this Release and grant Producer the necessary rights and permissions described in this Release or I am the authorized agent and representative of the owner(s) of the Premises, and I have been expressly empowered and authorized by the owner(s) to license Producer to use the Premises and grant to Producer all the rights granted to Producer under this Agreement, and I have, by my signature below, bound the owner(s) to the terms, provisions, covenants and conditions of this Agreement; (ii) it is not necessary for Producer to obtain the consent or permission of, or to pay any amounts to, any person, corporation or entity in order to enable Producer to enjoy the full rights to the use of the Premises as described herein; (iii) I will take no action nor allow or authorize any third party to take any action which might interfere with the full use and enjoyment of the Premises by Producer as described herein; and (iv) I am subject to no obligation or disability and there are no outstanding contracts or commitments of any kind which conflict with this Agreement or which might limit, restrict or impair Producer's use and enjoyment of the Premises or the rights granted to Producer hereunder. 1 My rights and remedies in the event of any breach of this Agreement by Producer will be limited to the right, if any, to recover money damages in an action at law and in no event will I be entitled by reason of any such breach or alleged breach to terminate this Agreement or to seek any equitable remedy including without limitation any equitable remedy which would enjoin, restrain or otherwise hinder the production, distribution, exhibition, advertising or any other means or exploitation of the Program or any subsidiary or ancillary rights in connection therewith. The parties agree that any claim made or proceeding commenced by either party in respect of this Agreement shall be settled by arbitration held in New York, New York before a single arbitrator (with at least 10 years' experience in the entertainment industry) in accordance with the rules and regulations of the American Arbitration Association. The arbitration award shall be final and binding upon both parties and may be entered upon the records of any court (whether state or federal) having jurisdiction thereof. I acknowledge and agree that I will not be paid cash compensation for Producer's use of the Premises under this Release nor for Producer's exercise of the rights granted by me hereunder. 1 further acknowledge and agree that the consideration I will receive for Producer's use of the Premises and/or Producer's exercise of its rights under this Release will be the publicity the Premises and/or I will receive if Producer decides to include any Materials made on the Premises in the Program. Producer is not obligated to actually use the Premises or produce the Program or include the Materials in the Program for which it was shot or otherwise. Producer may at any time elect not to use the Premises by giving me written notice of such election, in which case, neither party shall have any obligation hereunder. This Agreement is the entire agreement of the parties and shall replace and supersede all prior arrangements and representations, either oral or written, as to the subject matter hereof. This Agreement cannot be modified or cancelled except by written instruments signed by both parties. I acknowledge that I have not entered into this Agreement in reliance upon any representation (written or real, express or implied) of Producer not contained herein. This Agreement shall inure to the benefit of and be binding upon the parties respective successors, licensees and assignees. This Agreement shall be construed in all respects in accordance with the laws of the State of Maryland applicable to contracts entered into and to be wholly performed therein. SIGNATURE: PRINT NAME: TITLE: PHONE NUMBER: DATE: /6„1 ► �l�T (. C-1� ,J(LL 0( 9,.o t 2- 2 Program: Material: Source: Address: City, State, Zip: Phone/Fax: PUBLIC RECORD CONFIRMATION Stolen Voices/Buried Secrets I confirm that I provided the above -referenced Material to Sirens Media, LLC for inclusion in the Program named above. I further confirm that, to the best of my knowledge, this Material is a matter of public record. I understand that Sirens Media, LLC intends to distribute, sell, license, market, advertise, promote, exhibit and otherwise exploit the Program, and authorize others to do so, in all markets and media (whether now known or hereafter developed), throughout the universe, in perpetuity. tivesz{ . Clt-k Name (print) Title Date Thank you for your help and cooperation in connection with the Program. 89687