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CONTRACT CONTENTS

ARTICLE I

  • PERMISSION TO MAKE AND USE RECORDINGS
  • RIGHTS AND OBLIGATIONS
  • RELEASE
  • TALENT’S REPRESENTATIONS AND WARRANTIES

ARTICLE II

  • GENERAL PROVISIONS

CONTRACT SAMPLE

This ‘TALENT RELEASE AGREEMENT’ (this “Agreement” or “Release”) is made by and entered into between [CLIENT NAME] (the “Client”) and [TALENT NAME(S)] (the “Talent”), and is executed as a binding agreement as of the Effective Date (Client and Talent are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).

BACKGROUND AND PURPOSE

  1. WHEREAS the Client desires to have license and authorization from the Talent to use the Talent’s picture, portrait and likeness as described below; and
  2. WHEREAS the Talent desires to give such license, authorization and release to the Client on the terms set forth herein.

NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Talent and the Client agree as follows:

 

ARTICLE I

  1. PERMISSION TO MAKE AND USE RECORDINGS

In consideration of the payment of [$AMOUNT], receipt of which is hereby acknowledged and received, the Talent grants the Client and, its advertising agency, licensees and producers or publishers of its promotional materials and their successors and assigns (the “Agents”), permission and the full and irrevocable right to record, use, publish and copyright the Talent’s likeness, image, voice, appearance, and performance, in whole or part, including alterations, modifications, derivations and composites thereof, on film, videotape, audiotape, computer files, or other media (the “Recordings”) and to use, reuse, edit, exhibit, license, distribute, and/or otherwise exploit the Recordings, in whole or in part and in conjunction with the Talent’s and biographical material, on or in advertising and promotion of or in connection with [NAME OF PRODUCT OR SERVICE] throughout the world. This right shall include the right to combine Talents likeness with others and to alter Talents likeness, by digital means or otherwise, for the purposes set forth herein (the “Recordings Use”).

 

  1. RIGHTS AND OBLIGATIONS

The Talent grants and assigns to the Client all right, title, and interest in and to the Recordings, including, but not limited to, copyright. The Talent understands and agrees that the Recordings shall be the sole property of the Client, and that the Talent shall have no right to:

(a) Inspect or approve the Recordings;

(b) Inspect or approve any other recordings, text, graphics, images, or other content created in connection with or combined with the Recordings; or

(c) Receive any royalties or other compensation arising from or related to the Recordings Use.

  1. RELEASE

The Talent agrees to release, discharge, and hold harmless the Client and the Client’s Agents from any and all damages, liabilities, costs, expenses, claims, and/or judgments of any kind or nature whatsoever arising from the Recordings Use, including, but not limited to, those based on copyright infringement, invasion of privacy, right of publicity, libel, defamation, or false light. The Talent acknowledges and agrees that this Release is binding on the Talent, and the Talent’s heirs, legal representatives, and assigns.

  1. TALENT’S REPRESENTATIONS AND WARRANTIES

The Talent hereby represents that the Talent is a legal adult and has the full legal capacity to execute this Release. The Talent further represents that the rights granted under this Release will not conflict with or violate any other commitment the Talent has with any other party. The Talent has read this Release prior to signing it and fully understands its contents, meaning, and impact.

 

ARTICLE II

  1. GENERAL PROVISIONS

(a)  Indemnification – The Talent hereby agrees to indemnify the Client and defend the Client from any claims and damage arising out of any breach of this Agreement.

(b)  Relationship of Parties – The Parties acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.

(c) Written Notices – All notices or other communications given or made hereunder shall be in writing and shall be delivered or mailed by registered or certified mail, return receipt requested, postage prepaid, to the Promoter and the Investor at the address set forth on the signature page hereof.

(d) No Waiver – The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.

(e) Governing Law – This Agreement shall be construed and enforced according to the laws of the [STATE AND/OR COUNTRY] without reference to conflict of law principles, and any dispute under this Agreement must be brought in this venue and no other.

(f)   Severability – If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

(g) Headings – The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.

(h) Entire Agreement – The terms and conditions set forth herein constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings, communications, representations, warranties or previous agreements (whether oral or written) with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change or amendment can be made to this Agreement other than in writing and signed and executed by both Parties.

 

Continued…

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