CONTRIBUTOR CONSENT FORM (RELEASE FORM)
You agree that Beautiful Day Productions (Pty) Ltd (BDP) has the right to film, record, tape and photograph You during and in connection with the filming of the Production.
You hereby assign to Beautiful Day Productions all present and future intellectual property rights and related rights (including, without limitation, copyright and performer’s property rights and all like rights) in and to Your appearance in the films, recordings, videotapes, photographs (for the avoidance of doubt this includes both a scripted performance and/or any ad lib aspects of any performance by you) and/or any other materials created by or on behalf of BDP pursuant to paragraph 1 (the “Footage”). BDP shall have full and final editorial control over the Footage.
You hereby grant all necessary consents, under the Copyright Act No 98 of 1978 (and any amendments thereto) (the “Act”) or otherwise, to BDP and its affiliates worldwide to use and exploit all rights assigned to BDP under paragraph 2 forever and throughout the world in any and all media now known or hereafter discovered, without restriction, and unconditionally and irrevocably waive, in favour of BDP, its affiliates, licensees, assigns and successors in title, such rights under Section 20 of the Act and, so far as is legally possible, any and all moral rights or similar rights as You now have or hereafter acquire anywhere in the world in relation to Your appearance in the Footage and every part thereof. Only where necessary, and at BDP’s request, You agree to sign such additional documentation required to give effect to the assignment of rights contained in this Contributor Release Form.
All right and title in and to the Footage shall vest in BDP, and BDP shall be entitled to use, exploit, sell, distribute the Footage in whole or in part, in the Production or otherwise, as it may at its absolute discretion determine, and BDP shall have the right to assign and/or license the rights (including the Footage itself or excerpts thereof) to third parties without restriction.
You acknowledge and agree that no fees or wages shall be payable by or on behalf of BDP, for appearing in the Production. No other consideration of whatsoever nature shall be payable to You in respect of the filming, recording, taping, photography and/or utilization of the Footage.
Without limiting anything contained herein, BDP shall have the right to use and authorise others to use excerpts of Your appearance in the Footage, Your name, voice, likeness, photographs supplied by You or taken by BDP and any biographical facts which may have been provided by You to BDP (the “Materials”) in any and all media in connection with the promotion, publicity, distribution and all other utilization of the Footage, the Production and the BDP and BDP affiliated services. BDP shall not use of the Materials in connection with any commercial tie-ups, merchandising or for the direct or indirect endorsement of any product or service, save that commercial sponsorship of the Production or any other production incorporating the Footage shall not amount to a breach of this provision.
You confirm that to the best of Your knowledge, any statements made by You during the filming of the Footage will not be obscene or be untrue and will not violate or infringe upon any third party’s rights.
You represent and warrant that: (i) You are free to grant all of the rights granted in this Contributor Release Form; and (ii) the execution of this Contributor Release Form does not violate any provision of any other contract or agreement to which You are a party. You agree to indemnify and hold harmless BDP, BDP’s affiliates and their authorised sub-licensees, officers, directors, shareholders and employees (each an “Indemnified Party”) on demand from and against any and all losses, costs, actions, liabilities, demands, proceedings, claims, damages and expenses (including legal costs and expenses and VAT thereon) suffered or incurred, directly or indirectly, by any Indemnified Party (including any claim by a third party) out of a breach by You of your warranties contained in paragraph 8 of this Contributor Release Form.
This Contributor Release Form and all matters or issues collateral thereto shall be governed by the laws of South Africa. Any dispute will be subject to the exclusive jurisdiction of the South African courts, located in Johannesburg.