I represent and warrant that (i) the child identified below (the “Child”) is a minor, (ii) I am the parent or legal guardian (with legal responsibility) of the Child and (iii) I have the full authority and capacity to represent the Child and to act on behalf of the Child in connection with this agreement. For good and valuable consideration, for myself and on behalf of the Child I hereby irrevocably grant to Pinna LLC (“Producer”) and those designated by Producer the right to: (a) record the Child and/or the Child’s name, likeness and/or voice and statements by any means or method whatsoever (such recordings, collectively, “Recordings”); (b) edit, subtract from, add to, juxtapose and modify any or all of the Recordings at Producer’s discretion; (c) use and authorize others to use any statements by the Child and any information or material provided or contributed by the Child and any other results of the Child’s participation in the Program (as defined below) (all of the foregoing, collectively, “Materials”) and/or the Child’s name, likeness, voice and other indicia or elements of the Child’s persona or identity and statements and biographical information about the Child (all of the foregoing, collectively, the Child’s “Likeness”), in whole or in part, as embodied in the Recordings (or any portion thereof) or otherwise, in and in connection with the audio program currently entitled "Totally Unauthorized Fan Debate Show" (the “Program”) and any and all distribution, dissemination, advertising, marketing, promotion and/or other exploitation of the Program, Producer and/or any distributor of the Program, in any and all media and formats whether now or later known or developed, throughout the universe in perpetuity.I understand that Producer has the right to consult with me and the Child regarding the accuracy of factual claims in the Recordings. I shall, and shall cause the Child to, cooperate with Producer regarding the same.
Producer will at all times retain sole and final approval and control over all elements of the Program and the use of Recordings. Neither I nor the Child have any right to review or approve the Recordings or the use of the Recordings, or the Program. Producer exclusively will own the Recordings and the Program and all copyright and all other rights in and to the Program and the Recordings and all excerpts therefrom and all elements and components thereof. Producer will have the exclusive and unrestricted right, but not obligation, to use and authorize others to use the Recordings (and any element or component thereof) in any and all media and formats whether now or later known or developed, throughout the universe in perpetuity. I understand and agree that this agreement is made on a non-union basis and there will be no residual or other type of payments due to me or the Child.To the best of my and the Child’s knowledge in the exercise of reasonable diligence, any materials or information contributed or provided by the Child, and any statements made by the Child, in connection with the Program do not and will not defame, infringe or violate the rights of privacy or any other rights of any third party and are not the subject of any actual or threatened litigation or claim.
I hereby voluntarily assume all liability for and risk of any injury or damage caused, or claimed to be caused, by the Child’s participation in the Program. I agree that the Child’s participation in the Program is at the Child’s own risk. I acknowledge that the Child’s participation in the Program may be conditioned upon compliance with such restrictions and eligibility requirements as Producer may determine. I acknowledge that Producer may establish rules regarding participation in the Program, and I agree to cause the Child to comply with and that the Child will be bound by all such rules.I hereby fully release and forever discharge Producer, each of its parent companies, affiliates and subsidiaries, all distributors of the Program, and each of their respective successors, assigns and licensees (all of the foregoing, collectively, “Program Entities”) from and against any and all claims, actions, demands, damages, losses, expenses and liabilities of any kind that the Child may have, that the Child may incur or that may be imposed upon the Child, or that any of the Child’s heirs, executors, administrators and assigns hereafter may have, may incur or that may be imposed upon any of them, in connection with the Recordings, the Program or the Child’s participation in the Program, including, without limitation, any and all claims, actions, demands, damages, losses, expenses and liabilities of any kind arising out of, resulting from or relating to (a) any negligent act or omission by any of the Program Entities in connection with the Program, (b) the use of the Child’s Likeness, any Materials or any of the Recordings or (c) any personal injury, property damage or loss or death, on any legal theory whatsoever (including, without limitation, negligence, invasion of privacy, defamation, false light, breach of express or implied contract, copyright, trademark or patent infringement, misappropriation, unjust enrichment, intentional or negligent infliction of emotional distress, violation of the right of publicity). I have read, understood and voluntarily agree to be bound by this agreement. The permission granted in this agreement is irrevocable and cannot be rescinded or terminated. In the event of any action or claim related to the Recordings, the Program, the Child’s Likeness, the Materials or this agreement, I agree on behalf of myself and the Child not to seek injunctive relief against any of the Program Entities, and I agree my and the Child’s remedy in such circumstances shall be limited to monetary damages, if any are sustained. In no event shall I or the Child be permitted to (and I agree not to seek to) prevent or inhibit the exhibition, marketing, distribution, broadcast or other use or exploitation of the Program. Producer may transfer and assign this agreement or all or any its rights or privileges hereunder to any entity or individual without restriction. This agreement is binding upon me and the Child and each of our heirs, successors, assigns, executors, and administrators and anyone claiming by or through either of us or acting on behalf of either of us. Nothing in this agreement will derogate from or be prejudicial to any rights or privileges that any of the Program Entities now is or at any time hereafter may be entitled to under law as a member of the public, if this agreement were not in existence. This agreement may not be modified or amended except by written agreement signed by each party hereto. This agreement expresses the entire understanding between Producer and me with respect to the subject matter hereof. I have not entered into this agreement in reliance upon any promise or representation or any description of the Program (written or oral, express or implied) not contained in this agreement. I understand that the Program Entities are not obligated to use the Recordings or my Likeness or Materials. This agreement shall be governed and interpreted in accordance with the laws of the State of New York. Any action relating to a dispute between the parties under this agreement shall be brought solely in the state or federal courts located in New York, New York and I consent to the exclusive jurisdiction of such courts.
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