EVENT RELEASE
In consideration of The American Projects, LLC d/b/a “New Moon” (“New Moon”) and TAG Heuer S.A. (“TAG Heuer”) permitting the undersigned to participate in a marketing activation (the “Event”) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby acknowledges and agrees as follows:
- The undersigned acknowledges that this Release is a material condition of Producers allowing the undersigned to participate in the Event.
- The undersigned agrees to receive marketing communications from New Moon and/or TAG Hauer, subject to all applicable laws.
- The undersigned hereby grants New Moon, TAG Heuer, and their respective affiliates, designees, and licensees (collectively, the “Producers”) the right to (i) photograph, film, and/or record the undersigned (including, without limitation, the undersigned’s name, image, likeness, and voice) during and in connection with the Event, including, without limitation, in respect of “behind the scenes footage” of the Event (collectively the undersigned’s “Likeness”); (ii) embody the undersigned’s Likeness in footage and/or audio-visual recordings of the Event (collectively, “Recordings”) and promotional, marketing, and advertising materials created for the Event and Producers (the “Marketing Materials”); and (iii) use and exploit the Recordings and Marketing Materials throughout the Universe (the “Territory”) by all methods and means now known or hereafter devised, in all media now known or hereafter devised, in perpetuity, for all purposes the Producers may determine (in their sole discretion). The undersigned irrevocably and unconditionally waives any right to inspect or approve the Recordings, the Marketing Materials, or materials embodying the undersigned’s Likeness.
- The undersigned acknowledges and agrees that the Producers shall own the Recordings, the Marketing Materials, and all results and proceeds thereof (including, without limitation, the undersigned’s Likeness), including all copyrights therein and thereto for the life of copyrights thereof (including all extensions and renewals thereof) as so-called “works made for hire” for the Producers, as that term is defined under the United States Copyright Act of 1976, as amended. To the extent the Recordings, the Marketing Materials, the undersigned’s Likeness, or any results or proceeds thereof are determined to not be “works made for hire” for the Producers, the undersigned hereby assigns and transfers to the Producers all the undersigned’s rights therein and thereto, in perpetuity and throughout the Universe.
- The undersigned understands that its Likeness and/or its actions during the Event (or the actions of others) and any information revealed about the undersigned may be private, sensitive, defamatory, disparaging, embarrassing, or unfavorable. Notwithstanding the foregoing, the undersigned consents to and assumes all risk of the Producers including the undersigned’s Likeness and any such information or material in the Recordings, even if such inclusion might otherwise constitute an actionable tort. The undersigned unconditionally releases the Released Parties from and covenants not to sue the Released Parties for any claim or cause of action, whether now known or unknown, for liable, slander, invasion of the rights of privacy, publicity or personality, or any other claim or cause of action based upon, or relating to, the exercise of any of the rights granted hereunder.
- Without limiting the generality of the foregoing, the undersigned hereby acknowledges and agrees that the “Released Parties” (as defined below) and persons authorized by such Released Parties shall have the exclusive and perpetual right throughout the Universe to alter, change, modify, and edit the undersigned’s Likeness and any reproduction or derivative created therefrom in connection with the grant of rights set forth above in paragraph 2(a). Accordingly, the undersigned hereby irrevocably and unconditionally waives all moral and similar rights of authors throughout the Universe in respect of the undersigned’s Likeness and the Recordings.
- Notwithstanding the terms set forth in this Release, the undersigned acknowledges that the Producers have no obligation to include the undersigned’s Likeness in the Recordings or Marketing Materials (or use or exploit the undersigned’s Likeness in connection therewith [or otherwise]).
- The undersigned agrees that its sole remedy for any breach or violation of this Release by Producers (or third parties authorized by the Producers) will be monetary damages. The undersigned acknowledges that it shall not be entitled to rescind this Release, seek, or obtain any injunctive or other equitable relief, or enjoin or impair in any manner the development, production, or exploitation of the Event, the Recordings, or the Marketing Materials.
- The undersigned, on behalf of itself, its minor children, and its heirs, executors, administrators, agents, assigns, and anyone purporting to act by or through the undersigned, hereby voluntarily releases, discharges, and covenants not to sue, to the fullest extent permitted by law, the Producers and all current and former officers, employees, directors, agents, managers, representatives, successors and assigns, in both their individual and official capacities (collectively, “Released Parties”), from and against all claims, demands, liabilities, causes of action, and damages of any and every kind (collectively, “Claims”) arising from or relating to the Event; the Recordings; the Marketing Materials; the undersigned’s Likeness; any exploitation of the foregoing elements by the Producers and/or third parties authorized by the Producers; and the undersigned’s attendance and/or participation in the Event. For the avoidance of doubt, this Release shall include, without limitation, any Claim arising out of or relating to any injury or damage the undersigned might sustain during the Event, including, without limitation, any injury or damage proximately caused, in whole or in part, by the act or omissions of the Released Parties during the Event.
- THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT CERTAIN ACTIVITIES DURING THE EVENT MAY BE CHALLENGING AND/OR INVOLVE A RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH. IF THE UNDERSIGNED CHOOSES TO PARTICIPATE IN SUCH ACTIVITIES DURING THE EVENT, IT HEREBY ACKNOLWEDGES THAT IT SHALL ONLY DO SO VOLUNTARILY AND AT ITS OWN RISK. THE UNDERSIGNED AGREES THAT IT SHALL ASSUME ALL REPONSIBILTY FOR PROPERTY DAMAGE OR BODILY INJURY ARISING OUT OF OR RESULTING FROM SUCH ACTIVITIES. THE UNDERSIGNED, ON BEHALF OF ITSELF AND ITS REPRESENTATIVES, PARENTS, LEGAL GUARDIANS, ASSIGNS, AND HEIRS, HEREBY RELEASES, WAIVES, AND DISCHARGES THE RELEASED PARTIES FROM AND AGAINST ALL LIABILITY ARISING FROM THE UNDERSIGNED PARTICIPATING IN SUCH ACTIVITIES.
- The undersigned understands that the Producers may assign this Release, in whole or in part, to third parties. Accordingly, this Release shall inure to the benefit of Producers’ respective successors, licensees, and assigns. This Release shall be governed by the laws of the State of California applicable to agreements executed and to be wholly performed therein.
- All claims under this Release shall be subject to private and confidential arbitration in the County of Los Angeles, in accordance with the laws of the State of California. The statutes of limitations otherwise applicable under law shall apply to all claims made in the arbitration.
- The undersigned hereby acknowledges and agrees that it is not relying on any promises or statements by the Producers, nor has the undersigned received any money or other consideration in connection with this Release. This Release constitutes the entire agreement and understanding between Producers and the undersigned concerning the subject matter hereof. It may not be modified or revoked without the express written consent of the Producers and the undersigned. The undersigned agrees that the invalidity or unenforceability of any part of this Release shall not affect the validity or enforceability of the remainder of this Release, all of which shall remain in full force and effect.
