For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, as of today I hereby execute this Music Video Liability Waiver and Release (“Waiver and Release”) to document my agreement to participate in the filming of a music video, and photos (the “Video”) by Close Up Experience, (the “Producer”) and all “Brand Partners” (So Danca) in Lake Worth, Florida on or about December 28, 2015-January 3, 2016 (the “Project”) upon the terms and conditions hereinafter set forth.
I irrevocably and unconditionally grant to Producer the right, but not the obligation, to video and audio tape my name, likeness, image, voice, appearance, and performance in connection with the filming of the Video and the production of the Project. I irrevocably and unconditionally grant the Producer the right, without limitation, in perpetuity throughout the universe, to distribute, broadcast, and transmit my name, likeness, image, voice, appearance, and performance in connection with the dissemination and distribution of the Video and all Project footage, through any and all media now known or hereafter invented as the Producer, in its exclusive discretion, deems appropriate, without any obligation to me of any kind.
I agree and acknowledge that al rights, copyrights, titles, and interest in and to the Video. Project footage, and all artistic creative elements related thereto or incorporated therein shall belong solely and exclusively to the Producer and Brand Partners and shall be forever free from any claims by me, my heirs, personal representatives and assigns.
ASSUMPTION OF RISK.
I acknowledge that my participation in the Project may present certain risks to me, and I knowingly, willingly and voluntarily assume any and all risks associated therewith, whether known or unknown, foreseeable or unforeseeable, specifically including, but not limited to, the risk of physical, mental, or emotional injury, minor and/or severe bodily harm, illness, which arise by any means, including, but not limited to, acts, omissions, recommendations or advice given by the Producer or its agents, employees, or other persons entities affiliated with the Project; participation in inherently dangerous activities, latent or apparent defects or conditions in any equipment used in the Project; weather or other natural conditions; human error; my physical and mental condition; my own acts or omissions; first-aid, emergency treatment or other services rendered to me or others.
WAIVER OF CLAIMS.
I knowingly, willingly, and voluntarily, release, discharge and relinquish any and all claims, actions and lawsuits of any kind against the Producer, and its related and affiliated companies, licensees, sponsors, successors and assigns, and its employees, agents, contractors, partners, representatives, and members, related to or arising from my participation in the Project, including, but not limited to, travel to and from any location used in connection with the Project, the making, taping, production, use, editing, distribution, licensing, promoting or exhibition of the Video. This includes, but is not limited to, any claims, actions, or lawsuits for wrongful death, negligence, personal injury, defamation, moral right, false light, violation of right of publicity, invasion of privacy, disclosure of embarrassing private facts, fraud, breach of contract, infringement of copyright, and negligent, or intentional infliction of emotional distress.
I agree to indemnify and to forever hold harmless the Producer, its agents, employees, or other persons or entities affiliated with the Project, against loss, including attorney’s fees and costs, from any claim or demand of every kind and character which may be asserted by any party by reason of my participation in the Project or my breach of any covenant or representation herein contained.
CONFIDENTIALITY AND NONDISCLOSURE.
I acknowledge that all information and artistic and creative work product to which I may be privy by virtue of my participation in the Project is proprietary to the Producer, and I agree to keep confidential and not disclose to any third-party any such information unless specifically authorized by the producer in writing to do so.
I represent and warrant that I have all rights an authority to enter into this Waiver and Release, and to grant the rights granted herein. I represent that my appearance in the Project will not, to the best of my knowledge, infringe on the rights of any third party. I hereby waive any right of inspection or approval of the Video, or the use of my name and likeness in connection with the Project. I represent that I have either consulted with an attorney, or been given ample opportunity to consult with an attorney prior to the signing this Waiver and Release, and that I understand and acknowledge the significance and consequence of this Waiver and Release.
The validity, interpretation and legal effect of this Waiver and Release shall be governed by the laws of the State of Maryland. Should any provision of this document be found invalid, in whole or in part, it shall not affect the validity or enforceability of ay other provision hereof or of that provision insofar as it is not valid or enforceable.