Please
see the Passionistas Release detailed below and check the box in the
form to confirm that you agree to the terms and conditions of the Talent
Release.
AGREEMENT AND RELEASE
The
undersigned ("Undersigned") hereby grants to Pop Culture Passionistas,
LLC ("Producer") with respect to and in connection with the The
Passionistas Project ("Project") the nonexclusive right and license to
use the Undersigned’s name, likeness, image, biography, voice, and
performance in connection with work products created for use with the
Project. Specifically, and without limiting the generality of the
foregoing, the Undersigned agrees as follows:
1.
Producer shall have the right to interview, film, tape and/or record
the Undersigned. Producer shall be the sole and exclusive owner of all
right, title, and interest in and to all work products resulting from
such interview(s), filming, taping, and/or audio or video recordings
(“Work Products”) including, but not limited to, the copyright therein.
Undersigned’s participation shall be considered a work made for hire and
Producer shall be considered the author of the Work Products for
purposes of copyright.
2.
Producer shall have the right to edit any and all Work Products at
Producer's sole discretion. Undersigned waives any and all rights of
inspection and/or approval of such Work Products.
3.
Producer shall have the right to use the Undersigned’s name, likeness
(photographic or otherwise), image, biography, voice, and performance in
all media now known or hereafter devised, worldwide, in perpetuity in
connection with the reproduction, transmission, broadcast, exhibition,
distribution, packaging, and exploitation of the Work Products and in
connection with the advertising, promotion, marketing, publicizing, and
commercial exploitation of the Project; provided, however, that such
usage shall not in any manner constitute or imply an endorsement by the
Undersigned of any product or service.
4.
The rights granted herein to Producer shall be for the benefit of
Producer and all persons, firms, corporations, and entities who may
hereafter acquire from Producer the right to transmit, exhibit,
distribute, package, advertise, promote, market, publicize, and
commercially exploit the Project.
5. No compensation will be due or payable to the Undersigned for the provision
or use of the Undersigned's Content under this Agreement.
6.
Undersigned represents and warrants that Undersigned has the right to
grant the rights granted herein and Undersigned is under no prohibition,
disability, or restriction which would prevent Producer or any third
part(y)(ies) from fully utilizing and exploiting such rights. No
monetary compensation is or shall be due to Undersigned for the rights
granted herein.
7. Undersigned represents and
warrants that (i) she/they has full power, authority, and right to perform its
obligations under the Agreement; (ii) this Agreement is a legal, valid, binding
and enforceable agreement; (iii) Undersigned has the right to control and
direct the means, details, manner, and method by which Undersigned
carries out its obligations under this Agreement; and (iv) in performing under
this Agreement, Undersigned shall act in accordance with and shall not
violate any applicable laws, rules, or regulations.
8. Undersigned represents and warrants that the content is an
original work, solely authored by the Undersigned, and does not
infringe on any copyright, trademark, or other intellectual property
rights of any third party, does not violate any privacy rights or
related laws, including and is not libelous, slanderous, or defamatory. Undersigned further warrants that all statements
that purport to be factual are true to the best of their knowledge and
that any material that could potentially identify third parties has been
appropriately anonymized or altered to prevent harm.
Undersigned agrees to indemnify, defend, and
hold harmless the Producer, its officers, employees, agents, and assigns
from and against any and all claims, damages, liabilities, costs, and
expenses (including reasonable attorney’s fees) arising out of or
related to any breach of the representations and warranties made in this
Agreement, including but not limited to claims of defamation, libel,
slander, invasion of privacy, or infringement of any intellectual
property rights.
This indemnification shall survive the termination of this Agreement and the publication of the Author’s submission.
9.
This Agreement and Release shall be governed and construed under and in
accordance with the laws of the State of California and the sole and
exclusive jurisdiction in connection with any matter arising out of this
Agreement and Release shall be in the courts of the State of
California, Los Angeles County or the Federal Courts located in the
State of California, Los Angeles County.
The foregoing is acknowledged and agreed, and this Agreement and Release is executed, when the terms are accepted.
By
electronically signing or electronically clicking to accept this
Agreement, you are agreeing to be bound by the terms of this Agreement.
Electronic consent or electronic signature to this Agreement shall have
the same legal effect and validity as a manually-executed signature.
Last
Updated: January 7, 2025