This release (“Release”) is made to allow __BET Productions IV, LLC_(“Company”) to include me as a guest/participant in a production and/or publication tentatively entitled Soul Train Live Events Weekend (the "Programming"). I am giving this Release in consideration for Company allowing me to participate as a guest/participant in the Programming and I recognize that my signature on this Release is a condition of Company permitting me to be a guest/participant in the Programming or both. I agree that Company and its affiliates and assigns (including without limitation event and program sponsors, advertisers, and marketing partners) may tape and photograph me and record my voice, conversation, and any and all other activity and results thereof (including quotes, paraphrases, sounds, performance(s) of musical composition(s), and drawing(s), sketching(s), and/or similar work(s) (collectively, “Artwork”) I create on-camera) for use in and in connection with the Programming and other sponsored or unsponsored programming (my “Participation”). I also understand and agree that this Programming is a non-guild production and there will be no residual or any other type of payment due in connection with my Participation. I acknowledge and agree that the Programming may contain information, statements, or representations (“Information”) relating to me of a personal, private, disparaging, embarrassing and/or unfavorable nature, and that such Information may be summarized, edited, or modified in a manner that may be misleading or untrue. I further acknowledge that the Information may expose me, my family, and/or others to public ridicule or embarrassment. I voluntarily agree to participate in the Programming with full knowledge of the foregoing and freely and voluntarily assume all risk associated therewith. Notwithstanding anything to the contrary contained herein, to the extent that I am rendering any musical performances in connection with the Programming and I am currently a party to an exclusive recording agreement in effect with a record company with which Company (and/or any of its affiliates) has negotiated certain terms and conditions that are applicable to any such musical performances (“Record Company”), this Release shall be subject to such applicable terms and conditions, unless otherwise authorized by Record Company. In the event of a conflict between the terms of this Release and the terms of any agreement between Company (and/or any of its affiliates) and Record Company, the terms of the agreement between Company (and/or any of its affiliates) and Record Company shall control.
I agree that Company shall be the exclusive owner of all copyright and other rights in and to the Programming, my Participation, and any excerpts therefrom, and that Company will have the exclusive right to use, and license or otherwise authorize others to use, them, in any manner Company wishes and in any and all media now known or hereafter discovered or developed, in perpetuity, throughout the universe. Notwithstanding the prior sentence, Company shall not commercially release any audio or audiovisual products intended for home consumer use which embody any performance of musical compositions in my Participation or any Artwork created in my Participation, without Company obtaining any necessary approvals that may be required by my record label, if applicable.
I further irrevocably agree that Company may use and license others to use my name, voice, likeness and any biographical facts which may have been provided to Company, in connection with the Programming, and for advertising, publicity, marketing, promotional and commercial tie-in purposes in connection with the Programming and/or any other works based upon the Programming, all allied ancillary and subsidiary rights therein and thereto (including, without limitation, merchandising and commercial tie-in rights), or any other use of the Programming, as well as in or in connection with promotional materials for the network on which the Programming is exhibited (the “Network”), its programming services, affiliates and sponsors, other Network programs and for the institutional purposes of the cable industry generally, in all media now known or hereafter devised. I confirm that, to the best of my knowledge (in the exercise of reasonable prudence and due diligence) any statements made by me during my Participation will be true and will not violate or infringe upon any third party’s rights.
I agree that, at no cost to Company, I have secured, or will secure (and/or will arrange with any respective publisher and/or third-party owner to secure) all rights, including, without limitation, synchronization rights necessary for Company to use all musical composition(s) written, co-written and/or performed by me that is/are contained within the Programming, and all rights in the Artwork (in each case, if any). Notwithstanding the foregoing, nothing in this Release shall affect my right, or the right of any authorized publisher or co-writer, to collect public performance royalties.
Complete only for hazardous activity: I am volunteering to engage in the following activity (ies) in connection with the Programming scheduled to take place on ___________________ at _____________________________ (the “Event”):__________________________________. I acknowledge and fully understand that the foregoing is/are hazardous activity (ies).