1. Grant of Rights: Releasor hereby grants to CDI, its successors, licensees and assigns, the right to enter upon, to make photographs (stills, film, tape or otherwise) of and to use for location purposes the Property in connection with the television series currently entitled “HOUSE HUNTERS,” a series produced by CDI (the “Program”). The rights granted herein include, but are not limited to, the right to photograph all structures and signs located on the Property (including the interior and exterior of such structures and the names, logos, and verbiage contained on such signs), the right to refer to the Property by its correct and/or fictitious name (if any), and the right to discuss events which may have occurred on the Property and the right to replicate the Property in any manner that CDI deems appropriate. Releasor also hereby grants to CDI the irrevocable right to use the photographs of the Property in any and all media (including interactive media and the Internet) now known or hereafter devised, and for advertising, publicity and promotional purposes in connection with the Program and ancillary or subsidiary related and unrelated uses, throughout the universe in perpetuity. Releasor’s sole remedy for breach of this Agreement by CDI shall be an action for money damages. In no event will Releasor be entitled to injunctive or other equitable relief, and in no event will Releasor be entitled to terminate this Agreement. CDI has no obligation to include the Premises in the Program or in any other production. Such recordings shall remain CDI’s sole property.
2. Consideration: The Releasor acknowledges and agrees that the possibility that its Property will be included in the Program is sufficient consideration for the right granted herein, and that no other consideration shall be required for CDI’s exercise of such rights. The Releasor acknowledges and agrees that nothing in this Agreement shall obligate CDI to utilize the rights granted hereunder in connection with the Property or the Program, or to actually produce the Program.
3. Use of Property: CDI may bring onto the premises talent, technicians and equipment as shall be necessary for its production. Releasor understands and agrees that if photography is prevented or hampered by weather or other occurrence beyond CDI’s control, then without further obligation to Releasor, (i) it may be postponed to or completed at a mutually agreeable time or (ii) CDI’s, in its sole discretion, may terminate this Agreement. Releasor represents and warrants that the Premises is maintained in compliance with all federal, state and local laws, rules, regulations, codes and ordinances and is free of latent defects or illegal conditions of which Releasor is or should be aware except those of which Releasor has notified CDI.
4. Release: Releasor hereby assumes 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 Releasor hereby releases and forever discharges the CDI and its affiliates, licensees and assigns from any and all liability therefore, by reason of CDI’s photographing or using photographs of the Property, or otherwise.
5. Indemnification: CDI will indemnify and hold Releasor harmless from and against any and all actual liability, loss or expense, including but not limited to personal injury or property damage, caused by or arising out of the acts or omissions of CDI, its employees, guests and agents in connection with photographing the Property.
6. Choice of Law: 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 Agreement. 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.
7. Confidentiality: 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 activities, the order in which events occurred, 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 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 CDI and I agree that 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 CDI shall be entitled to any and all relief available to 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. Releasor agrees not to make any commercial or any other use of the fact that the Premises appeared or may appear in the Program or in any of CDI’s productions.
8. Other: Releasor agrees that CDI may license, assign and otherwise transfer this Agreement and all rights granted by Releasor to CDI under this Agreement to any person or entity for purposes of distribution of the Program. Releasor represents and warrants that Releasor has the right to enter into this Agreement and to grant CDI all rights provided by this Agreement. In the event that Releasor is not the legal owner of the Premises, Releasor represents and warrants that Releasor has secured from the legal owner the right and authority to enter into this Agreement and to grant CDI all rights provided hereunder.