OLD ELK DISTILLERY PHOTO RELEASE FORM
Description:
For good valuable consideration herein acknowledged as received, the talent hereby agrees as follows:
In connection with the photographic, video, audio and/or other image and/or sound reproductions recorded of the Talent, whether by himself or herself or with others (the “Work Product”), the Talent gives and grants, for the duration of the Term and throughout the Territory set forth above, to the Client named above (the “Client”) and Words from The Woods, (the “Agency”), and their respective successors and assigns (collectively, the “Licensed Parties”), the following: (a) the exclusive, irrevocable and unrestricted right, permission and license to use and reuse, modify, publish and copyright the talent’s visual image, voice, likeness and persona in the Work Product, in whole or in part, as modified , altered or distorted, with the talent’s own or a fictitious name, in color or otherwise, in any form whatsoever, in any publication whatsoever, whether in print, electronic/digital or other form, and in any and all other medium and media now or hereafter known (unless Usage Limitations are stated above), for the advertisement and/or promotion of the Client and/or the Client’s products or services; and (b) the right to modify, retouch, blur or alter the format of the Work Product, or to use any other technique deemed appropriate by Client or Agency for artistic, editorial or reproduction purposes.
The Talent hereby waives any right that he or she may have to inspect or approve the Work Product and the advertising copy or other matter that may be used in connection with the Work Product or the use to which it may be applied.
The Talent hereby releases, discharges and agrees to save harmless the Licensed Parties and their respective officers, directors, shareholders, owners, principals, agents, representatives and business relations from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form or in juxtaposition with other images or other material, whether intentional or otherwise, that may occur or be produced in the taking of the Work Product, or in any subsequent processing or publication thereof, including, without limitation, any claims for libel, defamation or invasion of privacy or publicity.
The Talent represents and warrants that the licenses granted hereunder do not in any way conflict with any existing commitment of the Talent. The Talent has not authorized or permitted (which authority or permission is still in effect), and will not authorize or permit for the Term, the use of his or her name, image, picture, portrait, likeness, voice or testimonial statement in connection with the advertising or promotion of any product or service competitive or incompatible with the Client’s products or services.
Nothing herein will constitute an obligation of the Client and/or the Agency to make use of the Work Product.
The Talent shall defend, indemnify, and hold harmless the Licensed Parties and their respective officers, directors, shareholders, owners, principals, agents, representatives and business relations form and against any and all claims, actions, losses, liabilities, damages, costs or expenses (including reasonable attorney’s fees) arising out of the actions of the Talent or a breach of any warranty, representation or other obligation or covenant of the Talent in or under this Release.
This Release shall insure to the benefit of the Licensed Parties and their successors and assigns.