Producer Agreement Form / Program Submission Form / Appearance Release
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TasteTV TERMS & AGREEMENT
The Producer or Submitter, the abovesigned (“I,” “me,” or “my” whether such party is an individual or an entity) has read all of the rules & regulations for TasteTV (TM) (also known as TCB CAFE Publishing & Media LLC, or the TASTE AWARDS, hereafter referred to as “the Channel”), and by indicating agreement to this form I/we (hereafter referred to as “the Producer”) agrees to the following:
• The Producer understands and has complied with the stated rules.
• The Producer warrants the submission of the Producer’s original work and that there are no disputes regarding the ownership of the submission.
• The Producer warrants the submitted material does not defame or infringe upon the rights of any person living or dead.
• The Producer warrants that all rights, licenses, clearances, and releases, for all audio and archival film or video used in the production have been secured for all broadcasts including public television, cable rights and foreign television rights.
• The Producer warrants that relevant appearance releases for all people featured in the submission have been secured.
• The Producer has obtained all of the appropriate rights and clearances of copyrighted material(s).
• The Producer has obtained all required approvals, clearances, licenses, etc., for the use of the program material contained in this program, and will provide such clearances if requested by the Festival.
• The Producer warrants that the TasteTV, TCB CAFE Publishing & Media, the TASTE AWARDS, and any Channel sponsors, partners, broadcast platforms or outlets do not accept responsibility for proof of rights and clearances.
• The Producer fully indemnifies the TasteTV, TCB CAFE Publishing & Media, the TASTE AWARDS, and any Channel sponsors, partners, broadcast platforms or outlets against any claim made for such violations of law.
• The Producer agrees to hold the TasteTV (TM), TCB CAFE Publishing & Media, the TASTE AWARDS, and any Channel sponsors, partners, broadcast platforms or outlets harmless from and defend them against all claims, demands, losses, damages, judgments, liabilities and expenses (including attorney’s fees) arising out of or in connection with any and all claims of third parties, whether or not groundless, based on any material submitted to the Channel or on any the TasteTV programs developed out of such submission.
• The Producer warrants that the Channel does not accept responsibility for improperly packaged materials, or for the loss or damage of submitted materials.
• The Producer grant the Channel the non-exclusive, perpetual, royalty-free, fully paid license and right to broadcast, exhibit and/or otherwise distribute the Submission and every element thereof, in whole or in part, in any manner or medium now or hereafter known or devised on a non-exclusive basis.
• The Producer warrants the granted right to promote, broadcast and distribute the submitted material is royalty-free, and that any payments made in relation to advertising revenues are as agreed upon in the most current version of the TasteTV’s Producer Revenue Sharing Schedule* where applicable (* Note: This Schedule is only applicable for specifically pre-identified commercial television programs with related paid advertising).
• The Channel acknowledges that I own and control the copyright in and to my Submission, subject to the rights I am granting to the Channel hereunder.
• I agree not to issue any publicity on behalf of the Channel, but I am free to make casual and non-derogatory public statements regarding the Channel. I am entitled to retain and exercise the rights that are not granted to the Channel by these Submission Terms. For the avoidance of doubt, if my Submission is an excerpt of a Prior Work, The Channel’s exclusivity hereunder shall be limited to the excerpt that constitutes my Submission and I retain all rights in and to the Prior Work in its entirety and may exploit the Prior Work freely.
• Limitations on Liabilities; Remedies. By submitting my Submission, I agree that: (1) any and all disputes, claims and causes of action arising out of or connected with my Submission will be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred not to exceed the amount of the Use Fee, but in no event will attorneys’ fees be awarded or recoverable; (3) under no circumstances will I be permitted to obtain any award for, and I knowingly and expressly waive all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out-of-pocket expenses not to exceed the amount of the Use Fee, and/or any and all rights to have damages multiplied or otherwise increased; and (4) my remedies are limited to a claim for money damages (if any) and I irrevocably waive any right to seek injunctive or equitable relief.
FOOTAGE RELEASE
I hereby grant to TasteTV (“TasteTV”) the right to use the audio-visual footage (“Footage”) listed below in connection with the audio-visual project currently entitled “_ [add in field on form]__” (“Project”). I am granting TasteTV the non-exclusive rights to use the Footage described below (with a copy provided) in this and future editions of the Project, in and by any and all media, means and methods, including any ancillary, allied and subsidiary rights, and for their exploitation, advertising, and promotion, whether now known or hereafter devised, in perpetuity throughout the universe.
Footage Description: [add in field on form]
I certify, represent, and warrant that I hold all rights to the Footage, no other individual or parties hold copyright interest in the Footage described above, and that the license granted in this release does not violate any third-party rights or applicable laws.
TasteTV is not obligated to make any use of the Footage or exercise any of the rights granted to TasteTV in this release. I will not assert or maintain against TasteTV, and I waive any claim of any kind or nature whatsoever, in connection with the exercise of the permission or rights granted in this release. In the event of breach of this agreement by TasteTV, my remedies are expressly limited to those at law for damages and I waive any right to seek or obtain any equitable and injunctive remedy, which would enjoin, restrain, or otherwise hinder the production, distribution, exhibition, advertising or any other exploitation of the Project and the rights in connection with the Project.
This Agreement shall be governed by the laws of the state of California (without regard to conflict of law principles) applicable to agreements wholly executed and performed in California. All claims, controversies or disputes arising out of, in connection with, or relating to this Agreement, the performance or breach thereof or default hereunder, shall be resolved by binding arbitration in San Francisco County California. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The parties irrevocably consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California for such purpose. This agreement constitutes the complete agreement between the parties hereto and any changes to this agreement must be in writing and signed by both TasteTV and Me.
I have read and understand the meaning of this release. I 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 agreement.
Appearance Release
The above named and undersigned (“Participant”) does hereby consent to the use by TCB-Cafe Publishing & Media, TasteTV, and TasteTV, (the “TCB CAFE Publishing & Media LLC”) and does hereby assign and grant unto TasteTV the irrevocable and unconditional power, right, privilege, and permission to make, produce, reproduce, exhibit, distribute, publish, and transmit by means of live broadcast or cablecast, film, videotape, DVD, audiotape, or any other similar mechanical or electronic method the Participant’s name, picture, likeness, pose, actions, or any combination thereof in connection with the production of programs for TasteTV by TCB-Cafe Publishing & Media LLC.
Participant hereby releases and discharges TCB-Cafe Publishing & Media LLC from any and all liability arising out of or in connection with the making, producing, reproducing, processing exhibiting, distributing, publishing, transmitting by any means or otherwise using Participant’s name, picture, likeness, poses, actions and any other combination thereof.
Participant certifies and warrants that Participant is of legal age, has full power, right and authority to enter into this consent and release, has read same in its entirety and understands all of its terms and provisions, unless parental or legal guardian signature follows.
Depiction Release
I hereby irrevocably agree, grant and consent that TasteTV ADDRESS, and its licensees, successors and assigns, (collectively “You”), have the right to photograph, film, interview, and record me, and to reproduce my name, voice, likeness and signature (collectively referred to as “Depiction”) in connection with your audio visual program, currently entitled “_____________________” (“Project”).
You have the right to use my Depiction and my name, either in whole or in part, in any and all media, and by any means, methods and devices, whether now known or hereafter devised, throughout the universe, in perpetuity, in connection with the Project, including any ancillary, allied and subsidiary rights, and for their exploitation, advertising and promotion. I acknowledge that you are the sole owner of all rights in and to such Depiction and that I understand you are proceeding in reliance on my execution of this release.
You are not obligated to make any use of the Depiction or exercise any of the rights granted to you in this release. You may edit, change, add to or subtract from the Depiction as you see fit.
This consent is given as an inducement for you to create a Depiction of me and I understand you will incur substantial expense in reliance on my consent and agreement.
I will not assert or maintain against You, and I waive any claim of any kind or nature whatsoever, including, but not limited to, those based upon invasion of privacy, publicity, or defamation, in connection with the exercise of the permission or rights granted in this release. In the event of breach of this agreement by TasteTV, my remedies are expressly limited to those at law for damages and I waive any right to seek or obtain any equitable and injunctive remedy, which would enjoin, restrain, or otherwise hinder the production, distribution, exhibition, advertising or any other exploitation of the Project and the rights in connection with the Project.
This Agreement shall be governed by the laws of the state of California (without regard to conflict of law principles) applicable to agreements wholly executed and performed in California. All claims, controversies or disputes arising out of, in connection with, or relating to this Agreement, the performance or breach thereof or default hereunder, shall be resolved by binding arbitration in San Francisco County California. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The parties irrevocably consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California for such purpose. This agreement constitutes the complete agreement between You and Me. Any changes to this agreement must be in writing and executed by both You and Me.
I have read and understand the meaning of this release. I 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 agreement.