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 Participant acknowledges, the undersigned ("Participant") agrees as follows.
1. Ownership of Recordings. Producer is the sole and exclusive owner of all photographs, film, video recordings, audio recordings, and other materials capturing Participant’s appearance, name, voice, likeness, image, performances, poses, and actions in connection with the Production (collectively, the "Recordings"), including all copyright in them and all extensions and renewals of copyright.
2. Grant of Rights. Participant grants Producer, along with its affiliates, licensees, successors, and assigns, the irrevocable, worldwide right, in perpetuity, to use, reproduce, edit, modify, distribute, exhibit, display, perform, transmit, broadcast, and otherwise exploit the Recordings in any and all media, formats, and platforms now known or hereafter devised, including theatrical, television, streaming, digital, internet, mobile applications, home video, advertising, marketing, promotional materials, merchandising, and all other forms of distribution and exhibition. These rights may be exercised for all future uses in any manner Producer deems appropriate, without further notice, consent, or compensation.
3. Irrevocability. This Release is irrevocable. Participant waives all rights to revoke consent, to withdraw from the Production, or to seek additional compensation for Producer’s use of the Recordings. 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 Participant’s opinion, any dispute between Participant and Producer, any request for withdrawal, Participant’s death or incapacity, and any assignment.
4. Editorial Control. Producer holds sole and absolute editorial control over the Production, including the right to edit, modify, alter, reorder, use portions of, or exclude the Recordings, and to include commentary, context, additional perspectives, archival materials, fact-checking, and other editorial elements. Participant waives any right to inspect or approve the finished Production or any advertising, marketing, or promotional materials.
5. No Reliance on Promises. Participant is not relying on any promise, representation, or statement about the Production’s nature, purpose, editorial approach, final content, portrayal, or other participants, and has not been induced to participate by any representation about editorial treatment or presentation. Any commitment Producer makes to Participant is binding only if written and signed by Producer, whether recorded in the space provided at the end of this Release or in a separate signed document.
6. Release of Claims. Participant releases and discharges Producer, along with its directors, 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, including claims based on invasion of privacy, right of publicity, defamation, false light, misappropriation of name or likeness, copyright or trademark infringement, negligent infliction of emotional distress, breach of implied contract, or any other personal or property right, and including claims based on editing, distortion, alteration, contextual juxtaposition, or presentation of the Recordings. This paragraph does not release claims for bodily injury caused by Producer’s negligence, or claims for Producer’s fraud or willful misconduct.
7. Waiver of Injunctive Relief. Participant waives any right to seek injunctive, equitable, or other relief to prevent or restrain the production, distribution, exhibition, marketing, or exploitation of the Production in any form or medium.
8. Matters of Public Record. The Production may depict matters of public record concerning Participant, including court records, public documents, and journalistic reporting, and Participant waives claims arising from the inclusion of that information.
9. Post-Production, Voice, and Digital Tools. Producer may edit, assemble, re-record, dub, translate, subtitle, and technically repair or enhance Participant’s voice, statements, and image, including through automated dialogue replacement, voice work by others, noise reduction, restoration, and the synthesis or simulation of Participant’s voice or image using current or future technologies. These tools may be used for purposes including audio repair, clarity, translation, localization, and the presentation of Participant’s own recorded statements. Producer will not use these tools to generate words or conduct that Participant did not say or do and present them as authentic, unless the material is clearly identified within the Production as a re-creation, dramatization, or illustration. Subject to that limit, Participant consents to Producer’s use of Participant’s actual voice and image, and of any recreation of them, in the Production and related materials.
10. No Compensation. Apart from the consideration recited above, Participant 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.
11. Representations and Warranties. Participant represents and warrants that: (a) statements made during filming reflect Participant’s recollections, perspectives, and beliefs as expressed at the time of filming; (b) Participant has the legal capacity and authority to enter into this Release; (c) participation does not violate any existing agreement or legal obligation; and (d) the contact information Participant has provided is accurate, and Participant will notify Producer of material changes to it.
12. Indemnity. Participant will indemnify, defend, and hold harmless Producer, along with its affiliates, licensees, successors, and assigns, from any third-party claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney’s fees, arising from any material breach of Participant’s representations and warranties under paragraph 11. 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.
13. No Obligation to Use. Producer has no obligation to include Participant in the Production, to complete the Production, or to release it.
14. 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. Participant may not assign this Release. This Release binds and benefits the parties’ respective successors, licensees, and permitted assigns. The grants, representations, warranties, and indemnities in this Release survive its expiration or termination.
15. 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.
16. 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.
17. 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.
18. Entire Agreement; Voluntary Signature. This Release, together with any understandings written in the space below and signed by Producer, is the entire understanding between the parties and supersedes all prior agreements, understandings, and negotiations. It may be modified only in a writing signed by both parties. Participant has read this Release carefully, understands its contents, acknowledges the opportunity to consult legal counsel, signs it voluntarily and free of duress, and has received a copy.