The undersigned (“Participant”) enters into this Release (“Agreement”) with The McCord List Inc. and Viral Brand (dba LaunchPreneur), its affiliates, sponsors, successors, and assigns (collectively, the (the “Company”), and acknowledges and agrees that Participant has been informed and understands that the Company is creating and producing a podcast, blog, video(s), songs, interviews, graphics, website, content, information, written documents, ideas, image, icons, anything falling under media and creative realm, film or other media and that Participant’s product, video, song, voice, graphic or anything created with name, likeness, image, voice, appearance and/or performance is being recorded and made a part of that production (collectively, the “Product”).
- Participant further acknowledges and agrees that Participant:
(a) Grants the Company and the Released Parties, The McCord List, ViralBrand, LaunchPreneur Inc., as well as event sponsors or brand sponsors of The McCord List, the exclusive right to use Participant’s name, likeness, image, voice, appearance, and performance as embodied in the Product whether recorded on or transferred to the Internet, videotape, film, slides, photographs, audiotapes, or other media, whether now known or hereafter developed. This grant includes without limitation the right to edit, mix or duplicate and to use or re-use the Product in whole or part as the Company may elect without restriction in any media throughout the universe in perpetuity and without liability to Participant, including without limitation in conjunction with any marketing and production development efforts of the Company’s products or services. The Company or the Released Parties, as applicable, shall have complete ownership of the Product in which Participant appears, including copyright interests, and Participant acknowledges that Participant has no interest or ownership in the Product or its copyright;
(b) Grants the Company and its event sponsors or brand sponsors, partners and the Released Parties the right to broadcast, exhibit, market, sell and otherwise distribute the Product, either in whole or in parts, and either alone or with other products, for commercial or non-commercial advertising, marketing or publicity efforts or any other purpose, including public performances and screenings, that the Company or the Released Parties in their sole discretion may determine. This grant includes the right to use the Product for promoting or publicizing any of the uses. The rights granted to the Company herein are perpetual and worldwide;
(c) Has all power and authority to enter into this Agreement, that Participant is not restricted by any commitments to third parties with respect to the Product, and that the Company has no financial commitment or obligations whatsoever to Participant as a result of this Agreement. Participant consents to all clearances, copyright and otherwise, for use of the Participant’s name, likeness, image, voice, appearance and performance embodied in the Product; and
(d) Agrees to indemnify, defend and hold harmless, and waive, release and forever discharge (collectively, “Release”) the Company and any of its designees, licensees, affiliates or subsidiaries, event sponsors or brand sponsors, or their respective members, managers, shareholders, directors, officers, employees, attorneys, agents, successors and assigns, or anyone associated with the Product (collectively, the “Released Parties”), from, against and with respect to any claim and cause of action, liability, obligation, loss, damage, judgment, theft, cost and expense (including without limitation reasonable attorneys’ fees and costs and expenses reasonably incurred in investigating, preparing, defending against or prosecuting any litigation or claim, action, suit, proceeding or demand), of any kind or character, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, liquidated or unliquidated (collectively, “Losses”), which Participant had, has or may in the future have against the Released Parties, including without limitation any and all Losses arising out of or in any manner incident, relating or attributable to this Agreement or the Product. Without limiting the generality of the foregoing, the Release also includes, but is not limited to, any claims against the Released Parties for Losses relating to (a) infringement of rights of privacy or publicity, (b) breach of any alleged contract, (c) copyright or trademark infringement, (d) defamation, libel or slander, (e) prima facie tort, (f) breach of alleged moral rights, or (g) tortious or wrongful interference with any contracts or business of Participant.
- This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflicts of law provisions.
- If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
- In consideration of the foregoing, the Participant acknowledges receipt of reasonable and fair consideration from the Company. I have read this Agreement, understand all of its terms and agree to all of the foregoing.