Participant’s General Release Form
1. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant AMC NETWORK ENTERTAINMENT LLC (“Producer”), its designees, licensees, assignees, and sponsors, the absolute and irrevocable right and permission (but not the obligation) to photograph, film, videotape, record, reproduce, portray and/or otherwise exploit my name, actual or simulated voice, persona, appearance, signature, photograph, portrayal, characteristics, biographical material, image and/or actual or simulated likeness (collectively, “Likeness”) in and in connection with Producer’s photography, and any audio-visual content created or captured thereof, at the project currently entitled “DEADQUARTERS: including but not limited to the following activations, PLANE CRASH, TREE HOUSE and WINTER ESCAPE” (collectively the “Event”), and to use the results and proceeds thereof including, without limitation, all video and audio recordings, photographs and/or film (collectively “Recordings”) produced by Producer incorporating my Likeness or any portion thereof and any and all performances, stories, statements or actions made by me, whether written, spoken, sung, or otherwise uttered or expressed by me, information given by me and/or materials provided by me, captured on any such Recordings (such results and proceeds referred to collectively herein as the “Material”) as follows:
(a) To use, incorporate, broadcast, telecast, exhibit, distribute, re-use, publish, re-publish, alter and/or edit (in Producer’s sole discretion) the Material and/or my Likeness in whole or in part, alone or in conjunction with other material in connection with the Event or any episode thereof and/or in any other television series, motion picture and/or any other project, in any and all media, in any and all forms and versions, now known and hereafter devised, throughout the universe and in perpetuity and in any ancillary exploitation thereof, including, without limitation, publications, soundtracks and merchandising, and in connection with publicity and advertising of and for the Event and any telecaster or other exhibitor of the Event. Producer has no obligation to use the Material and/or my Likeness. I shall have no rights of review or approval regarding the Event or the exercise of the granted rights and Producer shall have the right to edit or delete the Material and/or my Likeness, juxtapose any part of the Material with any other materials, change the sequence of events, and make any other changes in the Materials as Producer chooses in Producer’s sole discretion; and
(b) To copyright the Material in Producer’s own name or in any other name (the Material shall be considered a “work made for hire”). I understand that all rights in and to the Material, including the negatives, outtakes, sounds and the images contained therein, shall be Producer’s sole and absolute property. I also understand and agree that my appearance in the Event is not, and will not be deemed, employment or an engagement to perform any services and there will be no payment due in connection with the use of the Material. Notwithstanding the foregoing, in the event and to the extent the Material or any portion thereof is not deemed a “work made for hire”, such will not affect the rights therein granted in Paragraph 1(a) above.
2. I represent and warrant that I have the right to grant Producer all of the rights set forth above without obtaining the permission of, or making any payments to, any third party or entity. I confirm that, to the best of my knowledge any statements made by me in the Material will be true and will not violate or infringe upon any third party's rights. I hereby agree to forever release and discharge Producer its licensees and assigns (including without limitation any telecaster or other exhibitor of the Event) and any related and affiliated companies and each of their respective officers, directors, agents, shareholders, subsidiaries, consultants, organizers, sponsors, independent contractors and employees thereof (“Released Parties”) from, and covenant not to sue Released Parties for, any and all liability or claim or cause of action, whether known or unknown, for any property damage or loss, personal injury, libel, slander, defamation, invasion of right of privacy, publicity or personality, intentional or negligent infliction of emotional distress, illness, disability and death, breach of any verbal, written or implied contract, tortious or wrongful interference with any of my contracts or business, or any other claim or cause of action (whether based on the common law or federal or state statute), based upon or relating to the use of the Material or the exercise of any of the rights referred to herein or otherwise arising in connection with the Event. I assume all inherent and other risks and accept responsibility for any property damage or loss, personal injury, libel, slander, defamation, invasion of right of privacy, publicity or personality, intentional or negligent infliction of emotional distress, illness, disability and death that I or any property of mine may suffer, arising from or in connection with the Event, including claims that are known and unknown, foreseen and unforeseen, future or contingent, or that arise out of the negligence of any of the Released Parties. I, being fully aware of the risks inherent in participating in the Event, hereby elect voluntarily to engage in such activity. This release shall be binding upon the distributees, heirs, next of kin, personal representatives, executors, and administrators of the undersigned. I agree to indemnify and hold harmless Released Parties, from and against any liabilities, losses, claims, demands, costs (including without limitation attorneys’ fees) and expenses arising in connection with any breach or alleged breach by me of any of the above representations, warranties, obligations or agreements hereunder. I hereby waive any moral rights or “droits moral” I may have in the Material and/or my Likeness and any right of inspection or approval of my appearance or the uses to which such appearance may be put.
3. Except as otherwise authorized by Producer and/or the telecaster or other exhibitor of the Event, I will not myself, and I will not authorize others to, publicize, advertise or promote my appearance on the Event or receive or generate any monetary advantage from my appearance on the Event. I acknowledge and understand the valuable and proprietary nature of the Event and any information I obtain or learn as a result of my involvement with the Event, including but not limited to information and photographs regarding the Producer, the actors, the set, storylines, and methods of production shall be considered “Confidential Material”. I further acknowledge that I may not disclose such Confidential Material to any third parties by any means, including via social media outlets such as Facebook and Twitter, unless such information is already in the public domain or is required by law. I agree that any violation of the foregoing provisions shall constitute and be treated as a material breach of this appearance release (“Participant’s General Release”), which will cause irreparable harm to Producer and/or the telecaster or other exhibitor of the Event entitling Producer to injunctive and other equitable relief (without posting bond) to prevent and/or cure any breach or threatened breach of this paragraph by me.
4. I acknowledge that, in the event of any breach by Producer or any third party, or any other act or omission giving rise to liability, the damage, if any, caused me thereby will not be irreparable or otherwise sufficient to entitle me to seek injunctive or other equitable relief. My rights and remedies in such event will be strictly limited to the right, if any, to recover compensatory (but not punitive or consequential) damages in an action at law, and I will have neither the right to rescind or terminate this agreement or any of Producer’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Event or any subsidiary or allied rights with respect thereto. I further agree that this Participant’s General Release shall be construed by and governed in accordance with the laws of the State of New York and that, with respect to any dispute arising from this Participant’s General Release, sole and exclusive jurisdiction and venue (subject to the arbitration provisions below) shall lie with the state and federal courts located in the County of New York, State of New York. Producer may freely assign its rights and obligations hereunder as it deems appropriate. This Participant’s General Release constitutes our entire understanding and agreement with respect to the subject matter hereof and cannot be amended except by a written instrument signed by the parties hereto. This Participant’s General Release will inure to the benefit of and will be binding upon our respective affiliates, successors, licensees, assigns, heirs and representatives.
5. I agree that any and all disputes or controversies arising under this Participant’s General Release or any of its terms, any effort by any party to enforce, interpret, construe, rescind, terminate or annul this Participant’s General Release, or any provision thereof, and any and all disputes or controversies relating to my appearance or participation in the Event, shall be resolved by binding arbitration in accordance with the following procedure: either (i) Producer, its licensee or assignee and I shall mutually select an arbitrator, who shall be a retired judge of a state or federal court or (ii) if we cannot agree on such arbitrator, Producer, its licensee or assignee and I shall each select one arbitrator, who shall both be retired judges of state or federal courts and those two arbitrators shall then select a third arbitrator, who shall be a retired judge of a state or federal court. All arbitration proceedings shall be conducted under the auspices of the American Arbitration Association, under its Commercial Arbitration Rules, through its New York, New York office. The Parties agree that the arbitrator’s ruling, or arbitrators’ ruling, as applicable, in the arbitration shall be final and binding and not subject to appeal or challenge. I further agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the parties’ attorneys and their staff, and any experts retained by the parties. Notwithstanding the foregoing, nothing in this paragraph or in the applicable rules of the American Arbitration Association shall prevent Producer, its licensees or assignees from seeking equitable and/or injunctive relief outside of arbitration, with or without posting any bond, pending the arbitrator’s or arbitrators’ (as the case may be) final decision.
6. I warrant that I am at least eighteen (18) years of age (or, if not, that my parent or legal guardian has agreed to the foregoing and signed below) and that I have the full, complete and unrestricted right and authority to enter into this Participant’s General Release. I acknowledge that Producer will rely on this permission potentially, at substantial cost to Producer and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. In signing the foregoing Participant’s General Release, I hereby acknowledge and represent that I have read the foregoing release and fully understand it. I understand that this is a release of liability which will legally prevent myself or any other person from filing suit or making any other legal claim against the Released Parties relating to the causes of actions or claims hereby waived or released by the undersigned. I nevertheless enter into the agreement freely and voluntarily and agree that it is binding upon myself, my heirs, assigns and legal representatives.
* For verification purposes only pursuant to 18 U.S.C. §§ 2256 et seq.CONSENT OF PARENT OR GUARDIAN (IF APPLICABLE)
As the parent or guardian of the minor named above, I hereby expressly approve and consent to this Appearance Release and waive all obligations and rights which I may have in connection therewith. For good and valuable consideration, I hereby guarantee that the minor shall not at any time disaffirm the Appearance Release by reason of the minor’s minority or otherwise and hereby agree to indemnify Released Parties from any and all loss arising from or relating to any claims made by or on behalf of the Minor relating to the subject matter of this Appearance Release or from any and all loss arising from or relating to the breach of any guarantee(s) made by the signed in this parental consent. The consideration provided for and/or referenced in the Appearance Release shall be deemed to be the consideration in full for all rights granted to Company and for all obligations undertaken pursuant to the Appearance Release and pursuant to this parental consent, not only by the minor but also by the signed.