THE METROPOLITAN OPERA
Lincoln Center
New York, New York
This will confirm the understanding between you (“you”), the parent or legal guardian of the student named above (“Student”) and The Metropolitan Opera (the “Met”, “us” or “we”) in connection with Student’s participation in the Metropolitan Opera HD Live in Schools 2023-24 Virtual Honors Choir (the “Presentation”). In support of the Met, and for other good and valuable consideration, receipt of which is acknowledged, you agree as follows:
You hereby consent to the depiction of Student’s voice, actions, name, appearance, and other indicia of likeness (collectively, “name and likeness”) in an audiovisual recording of the Presentation (the “Program”), in any media now known or not yet existing, in perpetuity, throughout the world, solely in furtherance of the Met’s charitable and educational purposes, including, without limitation, for publicity, fundraising, advertising and promotional purposes (the “Permitted Purposes”).
You hereby grant to us the right to use Student’s name and likeness and biography in and in connection with the Presentation and the Program and their advertising, promotion and publicity, and to exploit the Program embodying the Presentation, in whole or in part, by any and all means and media, now known or hereafter developed, throughout the universe in perpetuity. Nothing shall obligate us to use your name and likeness and/or to produce the Presentation or the Program. You release us from any claims relating to the Presentation or the Program including any claim for compensation as a result of any exploitation. We shall have the right to edit, reproduce, display, transmit, distribute, publish, perform, make derivative works of, and otherwise use the Program (or portions thereof), in any media now known or not yet existing, in perpetuity throughout the world, solely for the Permitted Purposes.
We shall own all rights, under copyright and otherwise, in and to the Presentation and the Program, and all elements thereof. You agree that the Presentation and the Program, insofar as they constitute works of authorship or contributions to works of authorship, shall be deemed works specially ordered and commissioned by the Met and “works made for hire” under the United States copyright laws (17 U.S.C. §§ 101 et seq.). If for any reason the Presentation and/or the Program, or any part of them, cannot as a matter of law constitute “works made for hire” under the United States copyright laws, you hereby irrevocably assigns and agrees to assign to us all right, title and interest in same with the right to exploit all rights therein, throughout the universe, in perpetuity, in all media now known or hereafter devised, without further payment to you.
You represent and warrant that (i) you are the parent or legal guardian of Student; (ii) you have the right to enter into this agreement and (iii) you are over eighteen (18) years of age. The rights granted to us hereunder are irrevocable; in no event shall you or Student have the right to seek injunctive relief or to enjoin or restrain or otherwise interfere with the production, distribution or other exploitation of the Program or the exercise of any rights granted to us herein. This agreement may not be modified except in a writing signed by both parties. We may assign this agreement (including our rights and obligations) to any third party. This agreement will be governed by the laws of the State of New York. Any proceeding arising out of, in connection with, or related to this document shall be brought in any Federal or State court located in New York County and the State of New York, and you consent to the jurisdiction of these courts.
Very truly yours,
The Metropolitan Opera