| In order to have one or more screenplays written and to produce distribute, exhibit and exploit one or more motion pictures of any length in any and all media now known or hereafter devised and sound recordings in any and all media now known or hereafter devised, and to publish one or more publications of any kind, based upon, derived from or suggested by all or parts of the Story. I have agreed to grant you certain rights in that connection. This Consent and Release confirms our agreement as follows:
In consideration of the payment to me of $X.XX, payable upon exercising the option agreement for the Story with full knowledge I hereby grant you, perpetually and irrevocably, the unconditional and exclusive right throughout the universe to use, simulate and portray my name, likeness, voice, personality, personal identification and personal experiences, incidents, situations and events which heretofore occurred or hereafter occur (in whole or in part) based upon or taken from the Story or otherwise in an in connection with motion pictures, sound recordings, publications and any and all other media of any other media of any nature whatsoever, whether now known or hereafter devised. Without limiting the generality of the foregoing, it is understood and agreed that said exclusive right includes theatrical, television, dramatic stage, radio, sound recording, music, publishing, commercial tie-up, merchandising, advertising and publicity rights in all media of every nature whatsoever, whether now known or hereafter devised. I reserve no rights with respect to such uses (all rights are hereinafter referred to as the "Granted Rights"). It is further understood and agreed that the Granted Rights may be used in any manner and by any means, whether now known or unknown, and either factually or with such fictionalization, portrayal, impersonation, simulation and/or imitation or other modification as you, your successors and assigns, determine in your sole discretion. I further acknowledge that I am to receive no further payment with respect to any matter referenced to herein. Any or all of the Granted Rights shall be freely assignable by you.
RELEASE: I agree hereby to release and discharge you, your employees, agents, licensees, successors and assigns from any and all claims, demand or causes of action that I may now have or may hereafter have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any utilization of the Granted Rights or based upon any failure or omission to make use thereof.
NAME-PSEUDONYM: You have informed me and I agree that in exercising the Granted Rights, you, if you so elect, may refrain from using my real name and may use a pseudonym that will be dissimilar to my real name, however, such agreement does not preclude you from the use of my real name should you in your sole discretion elect and that in connection therewith I shall have no claim arising out of the so-called right of privacy and/or right of publicity.
FURTHER DOCUMENTS: I agree to execute such further documents and instruments as you may reasonably request in order to effectuate the terms and intentions of their Consent and Release, and in the event I fail or am unable to execute any such documents or instruments, I hereby appoint you as my irrevocable attorney in fact to execute any documents or instruments, provided that said documents and instruments shall not be inconsistent with the terms and conditions of the Consent and Release. Your rights under this clause constitute a power coupled with an interest and are irrevocable.
PUBLIC DOMAIN MATERIAL: Nothing in this Consent and Release shall ever be construed to restrict, diminish or impair the rights of either you or me to utilize freely, in any work or media, any story, idea, plot, theme, sequence, scene, episode, incident, name, characterization or dialogue that may be in the public domain from whatever source derived.
ENTIRE UNDERSTANDING: This Consent and Release expresses the entire understanding between you and me, and I agree that no oral understandings have been made with regard thereto. This Consent and Release may be amended only by written instrument signed by you and me. I acknowledge that in granting the Granted Rights I have not been induced to do so by any representations or assurances, whether written or oral, by you or your representatives relative to the manner in which the Granted Rights may be exercised and I agree that you are under no obligation to exercise any of the Granted Rights and agree that I have not received any promises or inducements other than as herein set forth. The provisions hereof shall be binding upon me and my heirs, executors, administrators and successors. I acknowledge that you have explained to me that this Consent and Release has been prepared by your attorney and that you have recommended to me that I consult with my attorney in connection with this Consent and Release, and that I have either consulted with an attorney of my own choosing or have voluntarily chosen not to do so. This Consent and Release shall be construed in accordance with the laws of the State of ________.
In witness hereof and in full understanding of the foregoing, I have signed this Consent and Release on this __ day of ____ 200_).
Acknowledged:___________________________________
Example provided courtesy of:
Timothy MB Farrell
Associate attorney at
Northcraft and Woods, PC
Suite 1905
720 Olive Way
Seattle, WA 98101
Concentrating in entertainment contracts, international business transactions, and commercial litigation.
|