1. For good and valuable consideration (the receipt and sufficiency of which I hereby acknowledge), I give Insight ECM 2 Ltd. (“Producer”), its subsidiary and affiliated companies, successors, assigns and licensees irrevocable permission to use, without payment or limitation, any portion of my interview and/or performance, which may include but is not limited to my name, actual or simulated voice, appearance, biographical information, image and/or actual or simulated likeness ( collectively the “Performance”), as taped and edited by Producer, in and in connection with advertising, publicizing, exhibiting and exploiting the audio-visual program and related ancillary products (including but not limited to, merchandising and commercial tie-ins) being produced by Producer currently entitled “National Day for Truth and Reconciliation” (the “Program”) throughout the world, in perpetuity, in all media, whether now known or hereafter devised. I hereby acknowledge that Producer has no obligation to use my Performance in the Program. I hereby waive in favour of Producer and its successors, assigns and licensees all moral rights of whatsoever nature in and to my Performance.
2. I release Producer, its parent and related companies, its and their respective subsidiaries, affiliate and licensees, and each of their respective officers, agents, representatives, employees, successors and assigns, jointly and individually (hereinafter collectively referred to as the “Released Parties”), from any claims or actions I may make arising out of use of my Performance in the promotion, production, broadcast and exploitation of the Program, including without limitation, any and all claims for unauthorized use of name and likeness, infliction of emotional distress, invasion of privacy, infringement of my right of publicity, defamation and any other personal and/or property rights. I understand that Producer is proceeding with the production, distribution and exploitation of the Program in reliance upon and induced by the foregoing permission.
3. I agree to keep strictly confidential all information about the Program that I acquire during my participation in the Program.
4. I acknowledge that I may not terminate or rescind the permission granted to Producer hereunder to use and photograph the Performance. In the event of any claim by me against Producer and the Released Parties, defined herein, whether or not material, I shall be limited to my remedy at law for damages, if any, and I may not enjoin, restrain or interfere with the use of the Performance as provided in this agreement or the production, distribution, exhibition or exploitation of the Program or the exploitation of any of its rights hereunder.
5. This agreement shall also serve to confirm that I have the authority to grant to Producer, its successors, assigns and licensees the right to use the Performance and that its exercise of such rights shall not violate or infringe any rights of any third party, whether personal or proprietary.
6. I acknowledge that I have not entered into this agreement in reliance upon any representation (written or oral, express or implied) by Producer not contained herein. This release shall inure to the benefit of and be binding upon the Released Parties’ successors, licensees and assigns.
7. I agree that Producer and its successors, assigns and licensees are entitled to assign or license its rights hereunder to any third party. This is the entire agreement between us. This agreement shall be exclusively governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada as applicable therein (excluding any conflicts of laws provisions). I agree that I exclusively and irrevocably attorn to the jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom.
8. Producer shall have the right to change the title of the Program in its sole discretion.
9. I agree that the Canadian Broadcasting Corporation including their respective affiliates, parents, subsidiaries and licensees may rely on this agreement and are an express, intended, third party beneficiaries of this agreement.