For good and valuable consideration, including the opportunity to participate in the Production and Producer’s commitment of time and resources in reliance on this Release, the receipt and sufficiency of which Grantor acknowledges, the undersigned ("Grantor") agrees as follows.
1. Grant of Access. Grantor irrevocably grants Producer, along with its agents, employees, licensees, successors, and assigns, permission to enter, occupy, use, photograph, film, record, and otherwise depict the property identified above (the "Property"), either accurately or with such liberties as Producer deems appropriate, in connection with the production of the above-titled work (the "Production"). The Property includes the interiors and exteriors of all buildings, structures, grounds, and contents, including signs, displays, names, photographs, artwork, logos, trademarks, and similar material located on or in the Property. This permission includes the right to bring personnel, materials, and equipment onto the Property, including recording, lighting, and grip equipment, props, and temporary sets, to record from the ground and from the air above the Property, including by drone or other aerial means, to use available utilities, and to temporarily rearrange furnishings and decor. This permission is non-exclusive and does not limit Grantor’s right to permit others to use the Property.
2. Ownership of Recordings. As between the parties, Producer is the sole and exclusive owner, throughout the universe in perpetuity, of all rights, including copyright and all extensions and renewals of copyright, in all audio, audio-visual, still photographic, and other recordings made on or of the Property (the "Recordings").
3. Grant of Rights. Grantor irrevocably grants Producer the right to use, reproduce, edit, alter, distribute, exhibit, transmit, broadcast, perform, display, and otherwise exploit the Recordings, in whole or in part, throughout the universe in perpetuity, in any and all media, formats, and platforms now known or hereafter devised, and for all purposes, including the Production, sequels and derivative works, promotional and behind-the-scenes materials, advertising, marketing, publicity, merchandising, and trade purposes, without further obligation to Grantor. Producer may identify the Property by name, address, or general location, may fictionalize it, or may decline to identify it, at Producer’s discretion.
4. Editorial Control. Producer holds sole and absolute editorial control over the Production, including the right to edit, modify, reorder, contextualize, or exclude the Recordings. Grantor waives any right to inspect or approve the finished Production or any advertising, marketing, or promotional materials.
5. Release of Claims. Grantor waives any "droit moral" or similar rights and releases and discharges Producer, along with its officers, employees, agents, affiliates, licensees, successors, and assigns, from all claims, demands, actions, damages, liabilities, costs, and expenses arising from the Recordings or their use. This release covers claims based on invasion of privacy, right of publicity, defamation, false light, trespass, misappropriation, copyright or trademark infringement, and claims based on editing, alteration, contextual juxtaposition, or presentation of the Recordings. This paragraph does not release claims for bodily injury or physical property damage caused by Producer’s negligence on the Property.
6. Irrevocability. This Release is irrevocable. Grantor waives all rights to revoke consent or to withdraw the Property from the Production. Producer will invest substantial resources in reliance on this Release, and that reliance constitutes additional consideration making this Release binding and irrevocable. This Release survives any change in Grantor’s opinion, any dispute between Grantor and Producer, any request for withdrawal, any sale or transfer of the Property, and Grantor’s death or incapacity.
7. Waiver of Injunctive Relief. Grantor’s sole remedy for any claim under this Release is an action at law for actual money damages, excluding indirect, incidental, and consequential damages. Grantor irrevocably waives any right to enjoin or restrain the production, distribution, exhibition, marketing, or exploitation of the Production or any element of it.
8. Representations and Warranties. Grantor represents and warrants that: (a) Grantor is the owner of the Property or its duly authorized representative and, if Grantor is a tenant or lessee, that no lease, rule, or agreement governing the Property prohibits the rights granted here; (b) Grantor has full right and authority to enter into this Release and to grant the rights granted here; (c) no other party’s consent is necessary to grant these rights; (d) to Grantor’s knowledge, Grantor owns or controls, or is otherwise permitted to allow the recording of, the copyrights, trademarks, and other rights in materials appearing on or in the Property; and (e) Producer’s exercise of the rights granted here will not violate any law or conflict with any agreement or right of any other person or entity.
9. Indemnity. Grantor will indemnify, defend, and hold harmless Producer, along with its successors, licensees, and assigns, from any third-party claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney’s fees, arising from any material breach of Grantor’s representations and warranties under paragraph 9. This indemnity does not extend to claims arising from the content of the Production, from Producer’s editorial choices, or from Producer’s own negligence or willful misconduct.
10. Condition of the Property. Producer will use reasonable care while on the Property and will leave it in substantially the condition in which Producer found it, ordinary wear excepted. Producer will repair or pay for physical damage to the Property caused directly by Producer’s negligence, provided Grantor gives Producer written notice of the damage within thirty (30) days after the last day of access, sent to Tinker Park LLC by email to wrwertz@gmail.com. Grantor remains responsible for securing Grantor’s own valuables and personal effects. This paragraph states Producer’s entire obligation regarding the condition of the Property.
11. No Obligation to Use. Producer has no obligation to record the Property, to include any Recordings in the Production, or to continue any of the foregoing once begun.
12. No Compensation. Apart from the consideration recited above, Grantor is receiving no monetary compensation, credit, or other consideration in exchange for the rights granted here, unless specified in a separate agreement signed by both parties.
13. Incidental Appearance. If Grantor appears incidentally in the Recordings while Producer is working at the Property, Grantor grants Producer the same rights in that appearance, including Grantor’s name, voice, and likeness, on the terms set out in this Release. Any interview or substantive on-camera participation by Grantor is governed by Producer’s separate participant release. This Release does not grant rights in the appearance of any other person present at the Property.
14. Events and Gatherings. If Producer records an event or gathering at the Property, Grantor will post Producer’s filming notice at each entrance used by attendees and, where practical, include notice of the filming in invitations, programs, or announcements. Grantor will not obstruct Producer’s recording of attendees who enter after that notice is posted. Grantor grants no rights in the appearance of any attendee, and Producer remains responsible for obtaining participant releases from individuals who are featured, interviewed, or otherwise substantively presented in the Production.
15. Assignment. Producer may license or assign this Release and its rights, in whole or in part, to any person or entity, and upon assignment Producer is released from its obligations under this Release. Grantor may not assign this Release without Producer’s prior written consent. This Release binds and benefits the parties’ respective successors, licensees, and permitted assigns, including any subsequent owner or occupant of the Property. The grants, representations, warranties, and indemnities in this Release survive its expiration or termination.
16. Governing Law and Venue. Indiana law governs this Release, without reference to conflict of law principles. The parties will first attempt to resolve any dispute through good-faith negotiation. Any dispute not resolved within thirty (30) days will be brought exclusively in the state or federal courts located in Marion County, Indiana, and each party consents to the personal jurisdiction of those courts. Each party waives any right to a trial by jury.
17. Severability; No Waiver. If any provision of this Release is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be modified, and the remaining provisions will stay in full force. Producer’s failure to enforce any provision is not a waiver of that provision or any other.
18. Signature; Counterparts. This Release may be signed in counterparts. An electronic signature, a photograph or scan of a signed copy, and a signature captured on a phone, tablet, or e-signature service each have the same effect as an original.
19. Entire Agreement. This Release is the entire understanding between the parties on this subject and supersedes all prior discussions, understandings, and agreements, oral or written. It may be modified only in a writing signed by both parties. Grantor has read this Release, understands its contents, and acknowledges the opportunity to consult legal counsel. Grantor understands that Producer is proceeding with the Production in express reliance on Grantor’s signing this Release.