Release and Authorization to Use Voice and Likeness
This release and authorization is between you, an individual (the “Releasor”) in favor of RALLY AF, LLC, a business (the “Media Company”).
In consideration for the releases provided in this release, the Media Company shall pay $10.00 to the Releasor.
There will be no additional consideration due from the Media Company or any third party to the Releasor.
The Media Company has permission to record his or her voice, sounds, conversation, image, and likeness in the Recordings.
The Releasor hereby grants to the Media Company a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of his or her likeness or voice in the Recordings (alone or in connection with others and in and in connection with any media, now known or later created) throughout the universe in and in connection with or relation to the development, marketing, advertisement, licensing, sale, distribution, and promotion of any events, products, merchandise, services, or brands of the Media Company. The Media Company shall have all interest to any other interest the Releasor may possess in the
Recordings including the Releasor’s likeness, voice, copyrights, persona, character, image, characterization, logos, slogans, catchphrases, art, and physical attributes including, but not limited to, body art and tattoos (collectively, the “Likeness”).
The Media Company shall be the exclusive owner of all the rights, results, and proceeds of the Recordings, in each case, of every kind or nature, whether now known or later devised. Without reservation or limitation, the Releasor hereby sells, assigns, transfers, and conveys the Recordings to the Media Company, exclusively, irrevocably, and perpetually, together with all interest in the Recordings throughout the world including the right to enforce its right in and to secure registrations, renewals, reissues, and extensions of those. The Media Company may transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the Likeness worldwide in all forms of media and forms of exploitation, now known or hereafter created including websites, film, television, radio, and print. The Releasor will have no right to approve any use of the Likeness in the Recordings or otherwise. No third party has or will have any right of approval over the use of the Likeness or will be due any amounts from the use of the Likeness.
The Releasor hereby releases the Media Company from all claims and demands that the Releasor may have now or at any time arising from this release or the use of the Likeness or Recordings, including claims for personal injury, invasion of privacy, defamation, libel, right of publicity, infliction of emotional distress, or additional payment.
- NO OBLIGATION TO USE.
The Media Company shall have no obligation to use the Recordings or the Likeness. The Media Company’s sole obligation to the Releasor is to pay the Payment set forth above to the Releasor, which the Releasor confirms has been paid by the Media Company and received by the Releasor.
- RELEASOR’S REPRESENTATIONS.
The Releasor hereby represents that:
(a) he or she, at the execution of this release, is at least 18 years old and not a minor;
(b) he or she has the full right and legal capacity to enter into this release and to grant the rights granted or agreed to be granted under the release;
(c) there is no outstanding commitment or legal impediment that conflicts with this release or that might limit, restrict, or impair the rights granted to the Media Company under this release;
(d) the identifying information of the Releasor set forth above is correct;
(e) he or she has entered into this release voluntarily and without reliance on any promises, representations, or other statements not contained in this release; and
(f) he or she has read and understands this release.
This release is personal to the Releasor and may not be assigned by the Releasor. The Media Company shall have the right to assign, sublicense, sell, or pass-through any rights contained in this release to a third party without approval from the Releasor.
- GOVERNING LAW.
(a) Choice of Law. The laws of the state of Texas govern this release (without giving effect to its
conflicts of law principles).
(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Rockwall County, Texas.
No amendment to this release will be effective unless it is in writing and signed by a party or its
- COUNTERPARTS; ELECTRONIC SIGNATURES.
(a) Counterparts. The parties may execute this release in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
(b) Electronic Signatures. This release, agreements ancillary to this release, and related documents entered into in connection with this release are signed when a party’s signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.
If any one or more of the provisions contained in this release is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this release, but this release will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this release to be unreasonable.
(a) Online request form; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this release shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this release: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognizedovernight courier (fees prepaid), facsimile, or email.
(b) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
- ENTIRE AGREEMENT.
This release constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties’ agreement about the subject matter of this release. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this release are expressly merged into and superseded by this release. The provisions of this release may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this release by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this release. Except as set forth expressly in this release, there are no conditions precedent to this release’s effectiveness.
The descriptive headings of the sections and subsections of this release are for convenience only, and do not affect this agreement’s construction or interpretation.
THIS IS A LEGAL DOCUMENT. YOU AGREE THAT, SUBJECT TO THE TERMS HEREIN, YOU ARE EXCLUSIVELY TRANSFERRING ALL YOUR RIGHTS IN THE SUBMITTED CONTENT TO THE PRODUCER OF AMERICA’S FUNNIEST HOME VIDEOS, ITS PARENTS, AFFILIATES AND/OR ASSIGNS, IN PERPETUITY, IN ALL MEDIA, THROUGHOUT THE UNIVERSE.
By submitting your video to Media Company you agree that You have read the above and agree to the terms therein.