PARTICIPANT RELEASE
BEFORE PARTICIPATING IN OUR WORKSHOPs I ACKNOWLEDGE THAT I HAVE READ AND AGREED TO THE FOLLOWING PARTICIPANT RELEASE
As a strict condition of my participation in the above-referenced workshop, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including any time, resources and costs which Company (as such term is hereafter defined) may incur in connection herewith, I hereby grant The Breakthru Company (“Company”) and its respective licensees, successors and assigns the exclusive, unlimited, unconditional and perpetual right to use, license and otherwise exploit my name, voice, likeness and appearance as recorded throughout my appearance in the 10 Things I Hate About Auditions Workshops (individually and collectively “Program”), as follows:
I acknowledge that the results and proceeds of my services, appearance and participation in the Program are and shall be on a “work-made-for-hire” basis for Company and Company is and shall be the sole and exclusive owner thereof throughout the universe, in perpetuity, in any and all media whether now known or hereafter devised. Company may exploit the results and proceeds of my services in the Program or in any other work as Company may determine in its sole discretion. Company may use my entire appearance, none or it, and/or edit, rearrange and/or incorporate it with any other materials, in the Program, in connection with the Program and/or any other work. If the results and proceeds of my services are not deemed to be a “work-made-for-hire,” I hereby immediately irrevocably assign all of the results and proceeds of my services, my appearance and/or my participation in the Program (including Company’s recording and editing thereof) exclusively to Company, throughout the universe, in perpetuity, in any and all media now known or hereafter devised. I waive any and all moral rights or “droit morale” rights that I may have in connection with the results and proceeds of my appearance, my participation, my services and/or Company’s recording, editing and/or exploiting the results and proceeds thereof.
Also, Company may use and license others to use my name, voice, likeness and any biographical material concerning me, in connection with (i) the development, production, promotion, advertising, publicizing and the sale, license and other exploitation of the Program, any elements thereof and any clips containing my likeness and/or voice, (ii) any and all derivative works based thereon and/or (iii) Company’s affiliated rights in connection with the Program. Such rights herein shall be granted throughout the universe, in perpetuity, in any and all media whether now know or hereafter devised, for an unlimited number of times. As a material inducement for Company’s filming, interviewing, recording of my appearance (which may be edited into or omitted from the Program, any derivative versions thereof and/or the licensing and/or assigning of elements thereof), I hereby waive any and all rights (including any rights afforded to me under section 1542 of the California Civil Code) to obtain or seek to obtain any claim based on false light, defamation, libel, intentional or negligent infliction of emotional distress, fraud and/or fraudulent inducement and I agree that I hereby waive my right to seek or obtain injunctive and/or equitable relief in any form, regardless of the claim. My sole remedy shall be an action at law for damages. My waiver hereunder specifically includes, without limitation, an agreement to waive and not to bring at any time in the future, any claims against Company, or against any of its assignees or licensees or anyone associated with the Program, for assertions of an infringement of rights of publicity or misappropriation (such as any allegedly improper or unauthorized use of my name, voice, likeness or image).
As a material term of this appearance release and for Company’s filming, interviewing, and/or recording my appearance, I acknowledge that I am not relying upon any promises or statements made by anyone about the nature of the Program, any potential success or improvement which I may benefit from or anything other than the workshop being based on the personal experiences and beliefs of an individual person. I further understand that the workshop is not in any way affiliated with the motion picture 10 Things I Hate About You. I understand that my appearance, depiction, and portrayal in connection with the Program and my actions and the actions of others in connection with the Program may have aspects which are be embarrassing in nature. The termination of this Appearance Release for any reason shall not affect the rights granted to Company. I acknowledge that Company is not obligated to use my appearance or the results and proceeds thereof to develop, produce, distribute or exploit the Program or any derivative version thereof in any territory; and I shall not be entitled to any damages or other relief by Company’s election not to use my appearance (including the results and proceeds thereof). I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that Company will rely on this permission potentially, at substantial cost to Company and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
I understand and agree that I shall appear as myself; portions of my appearance shall be a performance, shall not constitute an employment relationship between me and Company, shall not be subject to any union or guild collective bargaining agreement, and shall not entitle me to any wages, salary, corporate benefits, workers’ compensation benefits, or other compensation of any kind, under any such collective bargaining agreement or otherwise.
I warrant to Company that I am at least 18 years of age and have the full, complete and unrestricted right and authority to enter into this Agreement; and these recordings shall not be pursuant to AFTRA, SAG, AFM, or any other performing arts guild.
This Agreement may be assigned in whole or in part by Company to any person, firm, corporation or entity and upon such assignment: (a) the assignee shall be entitled to all benefits hereunder and (b) Company shall have no obligation to me and shall not be liable to me in any manner whatsoever. I may not assign my rights nor delegate my duties required hereunder. This agreement contains the entire understanding of the parties with respect to this Program and my appearance and supersedes all prior agreements or understandings (whether written or oral) relating to the subject matter hereof. us.