This Release and Authorization (Release) is entered into as of [Date] by and between [Producer/Production Company Name], a [jurisdiction and entity type] with principal place of business at [Address] (Producer), and the undersigned individual and/or authorized representative (Participant). Producer and Participant are each a Party and together the Parties.
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Project; Definitions
1.1 Project means the audiovisual project currently entitled “[Project Title]” (including any working, alternate, foreign-language, or successor titles), and all related versions, advertising, publicity, trailers, teasers, behind-the-scenes, ancillary, and derivative works.
1.2 Recordings means all audiovisual, audio, photographic, and other recordings captured by or for Producer that include Participant’s name, image, voice, signature, performance, biographical data, statements, silhouette, mannerisms, or other indicia of identity (Likeness).
1.3 Participant Content means any material furnished by Participant, including without limitation photographs, video, artwork, music, text, designs, logos, trademarks, recordings, scripts, or other content.
1.4 Property (if applicable) means the real property, business, or personal property owned or controlled by Participant, identified as [Property Description/Address], to be depicted or used in connection with the Project.
1.5 Released Parties means Producer and Producer’s affiliates, parents, subsidiaries, successors, assignees, licensees, financiers, insurers, distributors, exhibitors, and each of their respective officers, directors, members, employees, contractors, agents, and representatives.
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Grant of Rights; Consent
2.1 Appearance and Likeness. Participant irrevocably grants to Producer the unrestricted right to photograph, film, tape, record, edit, reproduce, adapt, modify, synchronize, portray, publish, exhibit, distribute, advertise, publicize, and otherwise use the Recordings and Participant’s Likeness in connection with the Project, in whole or in part, alone or with other material, in any and all media now known or hereafter devised, worldwide, in perpetuity, in all languages, formats, and versions, for any purpose related to the development, production, distribution, exhibition, advertising, publicity, and other exploitation of the Project and its ancillary products and services.
2.2 Property Rights (if applicable). Participant authorizes Producer to enter upon and photograph, film, record, depict, and otherwise use the Property and any names, signs, trademarks, furnishings, artwork, and other materials visible at the Property in connection with the Project. Producer may depict the Property as Producer deems appropriate, including by re-creating, simulating, or altering it. Producer shall have no obligation to restore the Property other than reasonable wear and tear caused by ordinary production activities.
2.3 Participant Content. To the extent Participant furnishes Participant Content, Participant grants to Producer a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free, fully paid license (with the right to reproduce, distribute, publicly perform, publicly display, transmit, adapt, modify, synchronize, edit, reformat, and create derivative works) to use the Participant Content in and in connection with the Project and its exploitation across all media now known or hereafter devised.
2.4 Publicity and Promotion. Participant consents to the use of Participant’s name, Likeness, and biographical information in connection with the advertising, publicity, and promotion of the Project and Released Parties.
2.5 No Obligation; Editorial Control. Producer shall have no obligation to use the Recordings, Participant Content, or Property, and shall have the exclusive right to determine the content, editing, context, and manner of exploitation, without further approval from Participant.
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Consideration
For good and valuable consideration, the receipt and sufficiency of which are acknowledged (which may include the opportunity to participate in the Project, screen credit at Producer’s discretion, and/or [Fee Amount] if applicable), Participant agrees to be bound by this Release. Participant acknowledges that no additional compensation, royalties, or residuals shall be due beyond the consideration expressly stated herein, except as required by applicable collective bargaining agreements or non-waivable law.
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Representations and Warranties
Participant represents and warrants that:
4.1 Capacity and Authority. Participant is at least the age of majority and has full right, power, and authority to enter into and perform this Release; or, where Participant is a minor, the Minor/Parental Consent attached hereto is executed by a legal parent or guardian. If executed on behalf of an entity or Property owner, the signatory is duly authorized to bind such entity or owner.
4.2 Rights in Participant Content/Property. Participant owns or controls all necessary rights, consents, and permissions in and to the Participant Content and, if applicable, the Property, sufficient to grant the rights herein, and the same will not infringe, misappropriate, or violate any third-party rights, including copyrights, trademarks, moral rights, privacy, or publicity rights.
4.3 Union/Guild Status. Participant is not subject to any guild, union, or other agreement that would require Producer to make payments or provide benefits in addition to those expressly provided herein, or Participant has notified Producer in writing of all such obligations and this Release is subject to and will be administered in accordance with any applicable collective bargaining agreement.
4.4 Compliance. Participant’s participation will not violate any contract, policy, order, or law applicable to Participant.
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Moral Rights; Waiver; No Injunctive Relief
5.1 To the maximum extent permitted by applicable law, Participant irrevocably waives and agrees not to assert any so-called “moral rights,” “droit moral,” or similar rights (including rights of attribution and integrity) with respect to the Recordings, Participant Content, and the Project. Where such rights are not waivable, Participant agrees not to enforce them against Released Parties.
5.2 Participant agrees that Participant’s sole remedy for any breach by Producer shall be an action at law for damages (subject to the limitations herein), and Participant irrevocably waives any right to seek or obtain injunctive or other equitable relief that would in any way restrict the production, distribution, or exploitation of the Project, except where such waiver is prohibited by non-waivable law.
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Release; Assumption of Risk; Indemnity
6.1 Release. To the fullest extent permitted by law, Participant releases, discharges, and holds harmless the Released Parties from and against any and all claims, demands, causes of action, liabilities, and damages arising out of or relating to the production, the Recordings, the Property, Participant Content, or the exploitation thereof, including without limitation claims for infringement, misappropriation, right of publicity, privacy (including false light and intrusion), defamation, and emotional distress, whether known or unknown, foreseen or unforeseen, in law or in equity.
6.2 Assumption of Risk. Participant acknowledges and assumes any ordinary risks inherent in participation in audiovisual production activities at the Property or production locations, and agrees to follow all reasonable safety directions of Producer.
6.3 Indemnity. Participant will indemnify, defend, and hold harmless the Released Parties from and against any third-party claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) any breach or alleged breach of Participant’s representations, warranties, or obligations hereunder; (b) any claim that the Participant Content or Property, as provided or authorized by Participant, infringes or violates any third-party rights; or (c) Participant’s willful misconduct or gross negligence.
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Credit; No Joint Venture; No Employment
7.1 Credit. Any credit shall be at Producer’s sole discretion unless otherwise expressly agreed in a signed writing. No paid advertising or most favored nations credit is granted or implied.
7.2 No Joint Venture. Nothing herein creates a partnership, joint venture, or agency relationship between the Parties.
7.3 No Employment. This Release does not create an employment relationship. If Participant is separately engaged as crew or cast, such engagement shall be governed by a separate written agreement.
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Data Protection; Privacy
8.1 Notice and Consent. Participant acknowledges that Producer may collect, process, store, transfer, and use personal data (including contact details, biographical information, and the Recordings) for purposes of producing, financing, exploiting, marketing, and archiving the Project, and to comply with legal and insurance requirements.
8.2 Legal Basis; Transfers. Processing will occur on the basis of this Release, Producer’s legitimate interests in production and distribution, and compliance obligations. Participant consents to cross-border transfers and storage in jurisdictions that may have different data protection regimes than Participant’s home jurisdiction, subject to applicable law. Participant may contact Producer at [privacy contact/email] to exercise applicable data subject rights, subject to legal limitations.
8.3 Retention. Producer may retain personal data and the Recordings as reasonably necessary for the Project’s lifecycle and related legal, accounting, and archival purposes.
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Insurance; Safety; Force Majeure
Producer shall maintain customary production insurance in its discretion. Producer shall not be liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, labor disputes, epidemics, governmental actions, or equipment failure.
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Assignment; Successors
Producer may freely assign, license, or otherwise transfer this Release and the rights granted herein, in whole or in part, to any party (including financiers, distributors, and successors) without notice or further consent. Participant may not assign this Release without Producer’s prior written consent. This Release binds and benefits the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.
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Choice of Law; Dispute Resolution
11.1 Governing Law. This Release shall be governed by and construed in accordance with the laws of [choose one: the State of New York / the State of California / England and Wales / applicable jurisdiction], without regard to its conflicts-of-law principles.
11.2 Forum/Arbitration. Any dispute arising out of or relating to this Release shall be resolved by [binding arbitration before JAMS/AAA under its [Consumer/Commercial] Rules in [City, State], with one arbitrator,] or [exclusive jurisdiction and venue in the state and federal courts located in [County, State]], and the Parties irrevocably submit to such jurisdiction. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Each Party waives any right to a jury trial to the extent permitted by law.
11.3 Attorneys’ Fees. The prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs as permitted by applicable law or contract.
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Miscellaneous
12.1 Entire Agreement. This Release constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous understandings not expressly set forth herein.
12.2 Amendment; Waiver. No amendment or waiver shall be effective unless in a signed writing by the Party to be bound. No waiver of any breach shall be deemed a waiver of any other or subsequent breach.
12.3 Severability. If any provision is held unlawful or unenforceable, such provision shall be reformed to the minimum extent necessary to be enforceable, and the remainder shall remain in full force and effect.
12.4 Notices. Notices shall be in writing and deemed given when delivered by hand, confirmed courier, or email with confirmation to the addresses below.
12.5 Counterparts; Electronic Signatures. This Release may be executed in counterparts and by electronic signatures or acceptance (including via secure e-signature platform), each of which shall be deemed an original and all of which together constitute one instrument.
12.6 Headings. Headings are for convenience only and do not affect interpretation.
Participant:
Name:
Signature:
Date:
Address:
Email/Phone:
If signing on behalf of entity, title and entity name:
Optional: Property Description (attach if necessary)
Property Address/Location:
Owner/Authorized Representative Name and Title:
Special Conditions (e.g., areas off-limits, load-in/out times):
Optional: Compensation/Consideration Rider
Fee/Consideration:
Payment Terms:
Taxpayer/Payee Information:
Minor/Parental Consent (if Participant is under the age of majority)
I am the parent or legal guardian of the minor named below (Minor). I represent and warrant that I have the legal right to consent to and do hereby consent to the execution of this Release on behalf of the Minor; I approve the Minor’s participation; and I agree to ensure the Minor’s compliance and to be bound by all terms of this Release, including the grants, waivers, releases, and indemnities, both individually and on behalf of the Minor.
Minor’s Name and Age:
Parent/Guardian Name:
Signature:
Date:
Address:
Phone/Email:
Relationship to Minor:
