Deed of Release — Media
NSW Electricity Networks Operations Pty Ltd (ACN 609 169 959), trustee for NSW Electricity Networks Operations Trust, trading as Transgrid · 180 Thomas Street, Sydney, NSW 2000
This deed poll is made by the individual identified in the accompanying form ("the Individual") in favour of NSW Electricity Networks Operations Pty Limited (ACN 609 169 959) as trustee for NSW Electricity Networks Operations Trust (ABN 70 250 995 390), trading as Transgrid, of 180 Thomas Street, Sydney, NSW 2000 ("Transgrid").
1. Use of Media
Without limiting clause 2, the Individual acknowledges and agrees that Transgrid has the right to:
(a) collect the Media, including by way of photography, video recording, audio recording or otherwise; (b) use the Media for any purpose as determined by Transgrid; (c) edit, delete or modify the Media without requiring further consent of the Individual; (d) make changes to the Media that Transgrid wishes in its absolute discretion, including using the Media with any other material; (e) use the Media in any and all media and methods of communication to the public, whether known at the date of this deed poll or created in the future; (f) use the Individual's name, photographic or other likeness, or other information provided by the Individual, to publicise and promote the business activities of Transgrid, its Related Bodies Corporate or Personnel; and (g) create derivatives of the Media and the Individual's likeness, including with artificial intelligence, and use those derivatives for any purpose Transgrid determines.
The Individual acknowledges they are not entitled to any royalties, payment or other entitlement, and may not make any claim against Transgrid, its Related Bodies Corporate or Personnel, in connection with Transgrid exercising these rights.
Should the Individual wish to make enquiries or request withdrawal of consent, they may contact Transgrid's nominated contact in Schedule 1 below. Transgrid is not required to grant any withdrawal request.
2. Intellectual property
All Developed IP vests in Transgrid as and when created, and the Individual assigns all rights, title and interest in it to Transgrid. The Individual consents to Transgrid, and its Related Bodies Corporate, doing any act or omission connected with its use or ownership of the Media that might otherwise infringe the Individual's Moral Rights, and acknowledges this consent satisfies the requirements of the Copyright Act 1968 (Cth). To the maximum extent permitted by law, the Individual irrevocably releases and forever discharges Transgrid, its Related Bodies Corporate and Personnel from any liability to the Individual, or claim from the Individual, connected with Transgrid's use of the Media — including any infringement of the Individual's intellectual property rights, or claims under the Privacy Act 1988 (Cth), the Competition and Consumer Act 2010 (Cth), and equivalent state and territory legislation.
3. Miscellaneous
The Individual represents and warrants they have authority to execute this deed poll. It is governed by the laws of New South Wales, and each party bears its own costs. It may only be varied by written agreement, and creates no relationship of agency, partnership or fiduciary duty between the parties. It contains the entire understanding on its subject matter. The Individual may not assign or novate their rights or obligations under it without Transgrid's express prior written consent; Transgrid may assign or novate the benefit of it at any time without the Individual's consent. Any unenforceable part is severed to the extent necessary, without affecting the rest. The Individual may execute this deed poll electronically.
4. Definitions
Developed IP means all Intellectual Property Rights created, developed, discovered, or coming into existence as a result of, or in connection with, the Media, excluding any rights already owned by a third party. Intellectual Property Right means all current and future intellectual and industrial property rights and interests worldwide, whether registered or unregistered, including patents, trademarks, domain names, design rights, copyright, circuit layout rights, trade secrets, know-how and confidentiality rights, and related applications and licences, but excluding Moral Rights. Media means the photography, audio recordings, video recordings and other recordings or impressions of the Individual collected by Transgrid or its Personnel, as described in Schedule 1. Moral Rights has the meaning given in the Copyright Act 1968 (Cth). Personnel means, in respect of an entity, any employees, contractors, subcontractors (including subcontractors' personnel), agents and representatives involved directly or indirectly in this deed poll. Related Body Corporate has the meaning given in section 9 of the Corporations Act 2001 (Cth), and includes NSW Electricity Networks Assets Pty Limited (as trustee of the NSW Electricity Networks Assets Trust) and the Electricity Transmission Ministerial Holding Corporation.
Schedule 1 — Details
Media (clause 1.3): the photographs and/or recordings described in your submission below, collected by Transgrid or its Personnel on the date you record.
Transgrid contact for enquiries (clause 1.3): Content and Digital Manager, Nicolas Gonzalez — nicolas.gonzalez@transgrid.com.au
Execution
By ticking the agreement box and signing below, the Individual confirms they have read and understood this deed poll, warrant they have authority to execute it, and agree to be bound by it as a deed poll in favour of Transgrid. As this is a deed poll, only the Individual (and their witness) needs to sign — no counter-signature from Transgrid is required.