For other good and valuable consideration, I grant to Andrews University and its agents, successors, assigns and licensees (collectively, “you” and “your”), the universal and perpetual right to use, and to grant others the right to use, my name, likeness, biographical information, photographs, voice, personal characteristics, incidents in my life, and other personal identification (collectively “Likeness”) and videotape and sound recordings including, without limitation, any portrayal, impersonation, or simulation of me in any way, (collectively “Recordings”) in any and all manner and media, now known or hereafter devised, throughout the world, for any and all purposes including, without limitation, in connection with the live stage production currently entitled “Chosen” (“Program”) and any other productions, and in connection with the advertising, publicity and promotion of the Program, other productions, and you and your subsidiaries, related and affiliated entities. I hereby acknowledge that all of my actions and speech are subject to being recorded (and being included in the Recordings for all purposes hereunder) and that at all times during the taping process that some Recordings may be made using microphones and/or cameras which are at a distance and not immediately apparent. I agree that you may create and include in the Program such actual or fictional incidents, scenes, situations, dialogue, events, characters, names, biographical information and other material as you may, in your sole discretion, consider proper or necessary and you are free to edit, change and dub any recordings of me with any other material (for any purpose, including without limitation, for humorous or satirical effect), as you determine in your sole discretion.
I hereby represent and warrant that: (i) I knowingly and voluntarily assume all risks associated with my participating in the Program; (ii) I will not knowingly violate any rights or, cause any injury or damage to, any party or any party’s property; (iii) I will not be entitled to any additional consideration as a result of the exercise of the rights granted herein; and (iv) you may rely upon this Consent and Release in producing, distributing and exploiting the Program and any other production.
I hereby release you and each of your related and affiliated entities, agents, employees, representatives, assigns and licenses from and against: (i) any liability based on any personal property, residual, re-use or other right which I may have by virtue of any such use of the Recordings, my Likeness, or related clips in which I appear, or as a result of the exhibition, telecast or distribution of the Program, any portion thereof or in connection with advertising and promotion for the Program, or you and your subsidiaries, related and affiliated entities; (ii) any claim arising out of any of my acts or statements made in connection with the Program (including but not limited to defamation, invasion of privacy, and any intentional or unintentional acts or omissions); (iii) any claim or damage on account of personal injury to me, including but not limited to, my consumption of alcoholic beverages during the Recordings, bodily injury, lost wages, loss of employment and infliction of emotional distress; provided, however, that such claim or damage is not due to your gross negligence; and (iv) any claim for further consideration or compensation for the Program or the rights granted hereunder. Before appearing on the Program, I have been advised of the Program format and I have no objections to such format.
I ACKNOWLEDGE THAT THERE IS A POSSIBILITY AND IT IS CONTEMPLATED THAT SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT, I, AND/OR THE RELEASING PARTIES WILL DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN OR UNSUSPECTED AT THE TIME THIS AGREEMENT WAS EXECUTED, AND WHICH IF KNOWN BY ME OR THEM AT THAT TIME MAY HAVE MATERIALLY AFFECTED MY OR THEIR DECISION TO EXECUTE THIS AGREEMENT. I ACKNOWLEDGE AND AGREE THAT BY REASON OF THIS AGREEMENT, AND THE RELEASE CONTAINED IN THE PRECED- ING PARAGRAPHS, I AM ASSUMING ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS.
I understand and agree that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You shall not be under any obligation to actually use my Likeness or the Recordings or to include the same in any program or production. I acknowledge that the Recordings are your sole and exclusive property and you shall be entitled to all rights of ownership and all rights of copyright and copyright renewal therein in and to the Recordings. I acknowledge that the rights granted herein shall inure to the benefit of you, and your successors, licensees and assigns, and such rights are freely assignable by you.
I shall not be entitled for any reason to terminate or rescind this Consent and Release nor to enjoin, restrain or otherwise impair the exercise of any of the rights and privileges granted or to be granted to you hereunder, nor to restrain, enjoin or otherwise impair your property or assets, or the development, production, exhibition and/or exploitation of the Recordings or any advertising, publicity or promotion in connection herewith.
I further warrant to you that I am at least 18 years of age and have the full, complete and unrestricted right and authority to enter into this Consent and Release, and that I have not accepted and will not accept any money or other compensation from any third party to mention any person, product, service, trademark or brand name, as part of my appearance on the Program. If I am or have been a member of any performing arts union or guild, I hereby acknowledge and agree that my appearance on the Program does not constitute a performance, and that I am not entitled to any salary, wages or other similar compensation for such appearance. All travel I undertake before, during and after the taping of the Program will be at my sole risk and expense.
This Consent and Release contains the entire understanding of the parties hereto relating to the subject matter herein.
I have the full right and legal capacity to sign this Consent and Release. I have read this Consent and Release prior to signing it and I understand its contents.
I hereby acknowledge and agree that in the event of any dispute arising out of this Consent and Release, my appearance on the Program or in connection with the production, distribution or exploitation of the Program, I will first submit in writing to you the details of my claim or dispute arising out of this Consent and Release, my appearance on the Program, or any other use of any material in any media. You shall then have the absolute right and option, by giving notice to me within ten (10) business days after receipt of my notice, to require that the matter be resolved by binding arbitration in Berrien County, Michigan before a single arbitrator acting under rules of, and appointed by, the American Arbitration Association. The arbitrator shall have the right to determine all issues raised by the dispute including, without limitation, whether the dispute or an issue arising from the dispute is subject to arbitration. In the event an arbitration of a dispute is conducted, I acknowledge that I give up my right to go to court to assert or defend my rights and that my rights will be determined by a neutral arbitrator not a judge or jury. If you do not elect to enter into arbitration, I may commence a legal action if I choose, but solely in the state or federal courts located in Berrien County, Michigan. In the event any such arbitration or legal action is commenced, I hereby acknowledge and agree that the laws of the State of Michigan shall govern.
I hereby warrant that I am the parent and/or legal guardian of the person who signed the foregoing Consent and Release, that I have caused said persons to execute said Consent and Release, that I will indemnify you against all claims, liability and expense respecting said Consent and Release, and that, knowing of your reliance hereon, I agree to cause said person to adhere to all of the provisions of said Consent and Release.
