For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, I authorize Scripps Networks, LLC (“SCRIPPS”) and Circus Dog Productions, Inc. (“CDI”) to make use of my appearance for “HOUSE HUNTERS”.
In such connection, I grant to SCRIPPS, CDI, or their authorized representatives, licensees, successors, and assigns, the right and license to record, film, photograph, tape and otherwise capture and reproduce in any manner my name, stage name, voice, likeness and performance; furthermore, SCRIPPS and CDI shall have the right and license to use any biographical material that I might furnish. All images and sound captured on tape or otherwise shall be referred to in this Agreement as the recordings (the “Recordings”).
I agree that SCRIPPS and CDI shall (i) own all rights in the Recordings, (ii) have the right to use the Recordings, in whole or in part, in any manner or media (whether now existing or created in the future), in perpetuity, and in all languages, throughout the universe, and (iii) be entitled to use the Recordings as SCRIPPS and CDI deem appropriate, including, without limitation, for promotion and publicity purposes. “Media” for purposes of this Agreement shall include by way of illustration only: television broadcasts and rebroadcasts, newspapers, magazines, books (both paper and electronic), Internet, radio (both terrestrial and Internet-based), videotapes, CDs, DVDs, and electronic databases.
Neither SCRIPPS nor CDI is under any obligation to use or exhibit the Recordings in any manner. I waive (i) the right to inspect or approve of any use of the Recordings, (ii) any rights to injunctive relief I may have in connection with this Agreement, (iii) the right to revoke this Agreement, and (iv) any moral rights I have in the Recordings. I represent that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my appearance will violate or infringe upon the rights of any third party.
I agree that SCRIPPS, CDI and their successors, licensees and assigns shall have the additional right but not the obligation to incorporate musical compositions, artwork, designs, home films, video footage and still photographs in any manner CDI sees fit in CDI’s “HOUSE HUNTERS” (working title). I warrant and represent that I have the right to grant all rights granted herein and SCRIPPS and CDI’s use of the Recordings as permitted herein will not infringe on the rights of any third party. I agree to indemnify and hold CDI, its successors, licensees and assigns, harmless from and against any and all claims, damages, liabilities, costs and expenses arising out of any breach of the foregoing warranty. This is a non-union agreement.
I acknowledge that SCRIPPS and CDI will rely on this permission potentially, at substantial cost to themselves and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. I hereby assume all of the risks of participation in the Program, whether foreseen or unforeseen, but excluding claims for fraud, willful injury or violation of law, and I hereby release and forever discharge SCRIPPS, CDI and their affiliates, licensees and assigns from any and all liability therefore.
Any and all information disclosed to or obtained by me or by my representatives concerning or relating to the Program, including but not limited to the premise and concept of the program in which I am intended to appear, the nature of certain events in the program, my participation in the program, my activities, and the outcome of the program (collectively, the "Confidential Information"), shall be strictly confidential, and I hereby agree not to disclose, and to cause each of my representatives not to disclose, any such Confidential Information to any individual or entity. I acknowledge and agree that any disclosure of such Confidential Information by me or by my representatives in violation of this Agreement shall constitute a material breach of this Agreement and shall cause SCRIPPS and CDI irreparable injury. I further agree that in the event of any disclosure by me or my representatives in violation of this Agreement, I shall be liable to SCRIPPS and CDI and I agree that SCRIPPS and CDI shall have the right to utilize all available remedies under the law, including both financial and injunctive relief, to seek retribution for any breach of this confidentiality provision by me or any party. I expressly agree that SCRIPPS and CDI shall be entitled to any and all relief available to SCRIPPS and CDI as reasonable compensation for the significant harm which will be incurred by me as a result of any such disclosure and/or breach of this Agreement by me or any party.
I agree that no sum shall be due to me for execution of this Agreement and neither SCRIPPS nor CDI shall be obligated to pay me or any third party any sum whatsoever, regardless of the time or method of any future use of the Recordings
This Agreement and any claim, controversy or dispute arising under or related to the agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties will be governed by the laws of the State of New York without regard to any conflicts of law principles regardless of the place of its physical execution. I hereby submit to the jurisdiction of the state and federal courts of the State of New York, New York County, to resolve any dispute arising out of or resulting from this Release. I shall not raise, and hereby waive, any defenses based upon improper venue, inconvenience of the forum, lack of personal jurisdiction, or the sufficiency of service of process.