UPDATED AUGUST 2023
Appearance Release
1. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant Rythm. (“Producer”) and its affiliates, successors, designees, licensees, and assignees, the absolute and irrevocable right and permission to photograph, film, videotape, record, reproduce, portray, and/or otherwise use my name, voice, biographical material, image, and/or likeness (collectively, “Likeness”) in and in connection with Producer’s Rythm's initiative (collectively, the “Initiative”), and to use the results and proceeds thereof, including all video and audio recordings, photographs, and/or film produced by or on behalf of Producer (collectively, “Recordings”) incorporating my Likeness (such results and proceeds are referred to collectively herein as the “Material”) to:
(a) Use, incorporate, broadcast, telecast, exhibit, distribute, re-use, publish, re-publish, alter, and/or edit the Material and/or my Likeness in connection with the Initiative or any derivation thereof, in all media, now known and hereafter devised, throughout the universe and in perpetuity, and in connection with publicity and advertising of and for the Initiative and any telecaster, exhibitor, or other distributor of the Initiative. Producer has no obligation to use the Material and/or my Likeness. 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 a Producer chooses in that Producer’s sole discretion.
(b) Register or 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. 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 and I hereby assign all right, title, and interest in and to the Material to Producer. 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.
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 also understand and agree that my appearance in the Initiative 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. I hereby agree to forever release and discharge Producer and its affiliates, successors, designees, licensees, and assignees, together with each of their respective officers, members, partners, directors, shareholders, and employees thereof (collectively, the “Released Parties”) from, and covenant not to sue Released Parties for, any 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 Initiative.
3. 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 Appearance Release or any of Producer’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Initiative or any subsidiary or allied rights with respect thereto. Producer may freely assign its rights and obligations hereunder as it deems appropriate. This Appearance Release will inure to the benefit of and will be binding upon our respective affiliates, successors, licensees, assigns, heirs and representatives.
4. 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 Appearance 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.
