Melody Trice Cosmetics
For good and valuable consideration, including the possibility of publicity, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby agrees as follows:
I hereby grant to broadcaster/producer SpyGame Studios, LLC, including its parent company and each of their agents, affiliates, subsidiaries, licensees, successors and assigns (collectively, “SpyGame Studios”) the full, irrevocable right to photograph, film, live stream, tape or otherwise record or capture my physical likeness and movements, as well as my acts, poses, plays and appearances, to use my name and biographical data, and to record and reproduce my voice and other sound effects made by me for use by SpyGame Studios in any medium or format now known or hereafter devised (including, without limitation, live performance, podcasts, YouTube, satellite, broadcast, telecast, film, television, videocassettes, interactive devices, Internet and on-line systems), in perpetuity, throughout the universe, in any and all languages, in connection with the development, production, publication, distribution and/or exploitation of graphic, print, audio and/or visual or other content, projects, campaigns or programs relating to my appearance on the SpyGame Studios program (collectively, the “Project”), or any derivative works thereof, for purposes of inclusion in the Project or derivative works thereof, and the advertising and promotion thereof or of SpyGame Studios generally.
I expressly understand and agree that any such photograph, film, tape or other recording of my likeness or voice or sound effects made by me pursuant hereto, and any reproductions or modifications thereof and all rights therein, and all results and proceeds of my appearance in connection therewith, shall be SpyGame Studios’ sole and absolute property for any and all purposes whatsoever in perpetuity, and SpyGame Studios shall have the unlimited right throughout the universe to copyright and publish, exhibit and otherwise use said material or any part thereof in any manner they desire and in all media now known or hereafter devised, subject to the terms and conditions hereof. With regard to any pre-existing audio or video recordings or published works and any graphical, photographical, or other material provided by me to SpyGame Studios (e.g., publicity material, head shots, photographs of me, audio or video clips, logos, articles, blog posts, etc.) in connection with my appearance in the Project or otherwise, I hereby grant a non-exclusive, perpetual, royalty-free license to SpyGame Studios, in all media now known or hereafter devised, throughout the universe, to include such material in and in connection with the Project or otherwise, and to reproduce, publish, exhibit and otherwise use such material or any part thereof in any manner they desire, subject to the terms and conditions hereof. The rights hereunder shall include all rights for SpyGame Studios to produce ephemeral copies necessary to produce and/or distribute the Project. I acknowledge that my services hereunder are a “work made for hire” within the meaning of the U.S. copyright laws, and in the event that my services are deemed other than a “work made for hire,” I hereby grant and assign all copyrights and other intellectual property rights of any nature associated with said services to SpyGame Studios. SpyGame Studios shall exclusively and perpetually own all rights, titles and interest in and to the results and proceeds of my services hereunder, pursuant to copyright, trademark and otherwise (and all renewals and extensions thereof), throughout the universe in all languages, formats and media, now known and later devised. Without in any way limiting the foregoing, I acknowledge that SpyGame Studios have the right to change, modify, edit, add to, delete, syndicate, transform, combine with other material or manipulate my name, likeness, movements and voice in connection with its exercise of said rights. The rights granted herein also apply to any property of mine that SpyGame Studios may photograph. I agree my services are commission-free and royalty-free and provided in consideration of the possibility of publicity resulting from my appearance.
[ ] (initial below if agreed and applicable) MY PUBLISHED WORKS: For no additional compensation, I hereby grant to SpyGame Studios the non-exclusive right to link to, reproduce and use any articles and blog posts authored by me within the 12 months prior to my appearance and within the 12 months following my appearance, in its newsletters and blogs, on its website(s), and/or in other editorial material published by SpyGame Studios, whether online, in print, or in any other medium now known or hereafter devised (EXCEPT for the following articles and posts that are subject to exclusive publication agreements and may not be used without separate permission from me and the ___________(Please specify) applicable publication provided that SpyGame Studios agrees, in connection with any such use, to credit me as the author of such work(s) and to credit the publication where such work(s) originally appeared, or provide a link to the original online publication of such work(s) to the extent such link is still active.
I represent and warrant that I own all rights needed to grant the rights licensed and assigned to SpyGame Studios in this agreement. I agree that SpyGame Studios shall have sole discretion in determining the extent and manner of the use of my name or likeness or anything else granted herein and are not obligated in any way to use my name, likeness or anything else granted herein or any portion thereof in any medium, subject to the terms and conditions hereof. I expressively waive any moral rights that I have in connection with my appearance in the Project and any right of approval or inspection of my appearance in the Project. I also agree that SpyGame Studios has my permission to add me to the weekly newsletter distribution list.
I further agree that if by reason of my appearance, statements, actions, use of my biographical data or any material(s) furnished by me for or in connection with the Project (including without limitation any published works that I authorize SpyGame Studios to use as set forth above) or derivative works thereof, or other uses, there is any claim or litigation involving any charge by third persons (or governmental agency) for my obscene, indecent or profane speech or for violation or infringement of their rights, I will notify SpyGame Studios immediately in writing or via email and shall hold SpyGame Studios harmless from liability and indemnify and defend them against any and all losses or expenses (including reasonable outside attorneys’ fees and costs) arising from the defense of such claims, fines or litigation. I realize that SpyGame Studios is relying upon this release in using me in the making of the Project, which is at substantial cost to SpyGame Studios. I hereby agree that I will not assert or maintain against SpyGame Studios, or any of their officers, directors, managers, equity holders, agents and employees, any claim, action, suit or demand of any kind or nature whatsoever, including, but not limited to, those grounded upon invasion of the right of privacy or of publicity or any other civil rights, defamation, libel or slander for any other reason in connection with the exercise of the rights herein granted to SpyGame Studios. I hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief. I further acknowledge and agree that any breach by me of this release will cause irreparable harm, and therefore, that SpyGame Studios shall be entitled to seek injunctive or equitable relief in addition to all other remedies available at law or in equity, in any court of competent jurisdiction (without obligation to post any bond or surety or establish a likelihood of harm). This release and the rights granted hereby may be freely assigned (in full or in part) by SpyGame Studios.
This release shall be binding upon, and shall inure to the benefit of, my heirs, executors, administrators, successors and assigns. I understand, hereby acknowledge, and agree that that: a) I am to receive no financial compensation for this appearance; b) SpyGame Studios shall have complete ownership of the Project; c) the master tape of the Project remains the property of the SpyGame Studios and that there will be no restrictions on the number of times that my name and likeness may be used; d) I am at least eighteen (18) years of age or have my parent/guardian’s consent to perform hereunder; e) I am under no physical, mental, or legal disability that would prevent me from freely and lawfully entering into this Agreement; and f) I have the full right to enter into this release without any further approvals or consents. I hereby certify and represent that I have read the foregoing, fully understand the meaning and effect thereof and am signing this voluntarily. This release shall be governed by the laws of the State of California applicable to agreements executed and to be fully performed therein (without regard to the conflict of laws provisions thereof). I acknowledge that this release constitutes the entire understanding of the parties regarding the subject matter hereof and supersedes all prior or contemporaneous understandings of the parties and that any modifications or amendments hereto must be in writing signed by the parties. A fax or photocopy of this document shall be deemed an original for all purposes.