Appearance Release
I hereby irrevocably grant to Freedom Forum, Inc. and its affiliates, representatives, licensees, successors and assigns (collectively, “Company”), my consent and absolute, unrestricted right and permission to record, film, or photograph me in connection with the 2024 1A Fest (the “Event”), which includes without limitation, my voluntary participation in a brief video interview on September 28, 2024, and to use, all or any part of the videotaped or captured proceeds therefrom featuring me or any aspect of my name, image, voice, likeness, and other attributes such as my biographical or personal information (collectively, the “Proceeds”) in all formats and media, whether now known or later developed, for any purpose whatsoever, including without limitation, for purposes of publication, commerce, and in connection with advertising, promotional, marketing, or sales materials without compensation, credit, or further consent. Without limiting the foregoing, I acknowledge and agree that the rights and licenses granted to Company hereunder include Company’s rights to modify, edit, combine with other materials, translate, include in collective works, and create derivative works of the Proceeds in whole or in part (collectively, “Adapted”); and to reproduce, perform, display, or transmit the Proceeds, in whole or in part, as provided by me or as Adapted for such purposes and uses as permitted herein.
Company shall own all right, title and interest in the Proceeds as a “work made for hire” as that term is understood and interpreted under U.S. and international copyright laws. To the extent that any Proceeds are not a “work made for hire,” I hereby irrevocably and unconditionally assign (and if not valid, irrevocably, and unconditionally license, along with the unlimited right to sublicense) to Company all of my right, title and interest in and to such Proceeds. I hereby irrevocably waive and agree not to enforce any rights of attribution and integrity under Section 106(A) of the Copyright Act, 17 U.S.C. § 106(A), or under any other applicable law of the United States or other jurisdiction that acknowledges or confers rights of the same or similar nature with respect to such permitted uses hereunder.
I understand that Company is relying on this Appearance Release (the “Agreement”) and will incur significant expense in such reliance, and I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part without Company’s written consent. I hereby irrevocably waive my right to injunctive and other equitable relief in the event of any dispute with Company. Notwithstanding, Company is not obliged to make use of the Proceeds or exercise any of the rights granted hereunder. I reasonably believe that what I say in the Proceeds is true, and free of libel, obscenity, and other unlawful matter, and does not infringe the intellectual property or privacy rights of any other individual or entity.
I represent and warrant that I am of legal age and authority to participate in the Event and grant the rights herein, and if not, my legal guardian or parent will sign on my behalf. I will not bring suit in law or equity against Company, any of its representatives, agents, and employees, or any other person or entity on the grounds of libel, slander, or violation of my rights of publicity or invasion of privacy with regard to the Proceeds or Company’s use. I shall indemnify and hold harmless the foregoing against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, or costs or expenses of any kind, including reasonable attorney’s fees and the costs of enforcing any right to indemnification under this Agreement, arising out of or resulting from my breach of this Agreement. I further release Company from any liability for personal injury (including sickness or death) or property damage which may occur during the filming or taping of the Proceeds. Neither I nor anyone acting on my behalf shall at any time use any of Company’s names, logos, trade names or trademarks for any commercial purpose or manner whatsoever.
This is the complete and binding agreement between me and Company, and it supersedes all prior and contemporaneous understandings and communications, both oral and written, with respect to such subject matter. The illegality, invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement, which shall be enforced to the maximum extent permitted by law. This Agreement shall be construed neutrally and not against any party by reason of the drafting or preparation of this Agreement. This Agreement, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Agreement (collectively, the “Disputes”), shall in all respects, be governed by and construed in accordance with the laws of the State of Washington, D.C. without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act. Any Dispute shall be settled by arbitration pursuant to the JAMS Arbitration Rules and Procedures (“JAMS”) conducted with a single arbitrator knowledgeable of contract and intellectual property law and the entertainment industry at the JAMS office nearest to Company’s address in Washington, D.C. The arbitrator’s decision shall be conclusive and binding and there shall be no right of appeal therefrom in any forum. All Disputes shall be arbitrated or litigated on an individual basis. Each party irrevocably waives any right it may otherwise have to proceed on a class or collective basis, all right to trial by jury, and any claim of improper venue or forum non conveniens. The parties shall bear their own expenses, except that parties shall equally share the expenses of any arbitrator. The prevailing party may seek an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any the award rendered by an arbitrator may be entered in any court having jurisdiction thereof.
BY SIGNING, I acknowledge that I have read, understood, and agree to be bound by all of the terms of this Agreement.