(This Intellectual Property Release should be completed and signed by the individual shooting the audition video only if the applicant is submitting an audition video as part of the participant selection process)
For promotional consideration and other good and valuable consideration herein, the receipt and sufficiency of which are hereby acknowledged, the undersigned, being the legal owner of certain intellectual property (including without limitation all copyright, trademark and all other rights therein) described as the “The Untitled Hip Hop Music Show” Audition Video of __________________________ [insert name of Applicant] (the “IP”), does hereby grant to Jean Worldwide, LLC, its direct and indirect parent, its and their direct and indirect subsidiaries, representatives, distributors, broadcasters, agents, employees, contractors, successors, designees, and their respective licensees, assigns, successors and advertisers (collectively, “Producer”) the full and irrevocable right and license to use, photograph, reproduce, manipulate, edit, and incorporate the IP in and in connection with the reality-based television program currently entitled “The Untitled Hip Hop Music Show” (working title) (the “Series”) (including any and all cycles thereof), including, without limitation, in advertising, promotion, merchandising and publicity for the Series and Series sponsors or otherwise. As between the undersigned and Producer, Producer shall solely own all rights in and to the Series, including without limitation the copyright in the Series and any advertising or promotional materials for the Series. Producer shall have all rights to use the Series or any part thereof, including without limitation images and/or footage including or incorporating the IP, in any and all manners and media, whether now known or hereinafter devised, throughout the universe in perpetuity, in any and all languages. The undersigned also consents to the use of the IP in connection with the advertising, promotion, marketing and any other exploitation of the Series and Series sponsors.
The undersigned hereby waives any right that the undersigned may have to inspect or approve the finished Series or any advertising or promotional materials that may be used in connection therewith. In no event shall the undersigned have the right to terminate the rights granted to Producer hereunder or to enjoin, restrain, or otherwise interfere with the development, production, distribution, broadcast, advertising, promotion or other exploitation of the Series or the rights granted to Producer herein.
The undersigned hereby represents and warrants that: (i) it is the owner and/or authorized representative of the owner of the IP and that it has the full right, power and authority to execute this Intellectual Property Release and to grant Producer the permission and rights herein granted, and that no one else’s permission or consent is required for Producer’s exercise of any of its rights hereunder, and (ii) that no credit, acknowledgment, payment, contribution, monies and/or any other consideration is required to be paid or provided to the undersigned and/or any other person and/or entity (including but not limited to any guild, union and/or other collective bargaining organization) for the grant of rights set forth herein or for Producer’s use of the IP as provided in this Intellectual Property Release. The undersigned, and its representatives, successors and assigns hereby absolutely, unconditionally and forever release and discharge Producer; MTV, Viacom Inc. and Viacom Media Networks (collectively “Viacom”) (and its affiliated and related entities); sponsors of the Series, any television network broadcasting the Series, any of their respective direct or indirect parents or their direct and indirect subsidiaries, and the respective officers, directors, employees, shareholders, contractors, members, representatives, agents, licensees, successors and assigns of each of the foregoing, and all other persons and entities connected with the Series, (collectively, the “Releasees”), and each of them, from any and all claims, actions, causes of action, proceedings, suits, awards, judgments, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees and union fees, if any) arising out of, resulting from, or by reason of, this Intellectual Property Release, the exercise of any of the rights granted hereunder or the use of the IP in or in connection with the Series or otherwise (including without limitation, claims based on patent, trademark or copyright infringement, rights of publicity and privacy, defamation and false/negative light). The undersigned shall defend (at Releasees’ option), indemnify and hold harmless Releasees, and each of them, from and against any and all claims, actions, damages, liabilities, injuries, damages, expenses, and losses caused by or arising out of or related to (i) any act or omission of the undersigned which is a breach of any of the provisions of this Intellectual Property Release; (ii) a breach of any of the undersigned’s representations, warranties, agreements or obligations hereunder; (iii) the use by any of the Releasees of the IP or other materials or images provided by the undersigned; (iv) the exercise by any of the Releasees or any of its rights hereunder; (v) the appearance or use in and in connection with the Series of the IP or any other materials or images that were provided to Producer by the undersigned (including, but not limited to, any logos and trademarks), and (iv) the negligence or willful misconduct of the undersigned or the undersigned’s agents, employees, contractors or representatives.
The undersigned acknowledges that in no event shall Producer be obligated to use the IP in or in connection with the Series or otherwise or to exercise any other rights, licenses or privileges granted to Producer hereunder.
This Intellectual Property Release shall be binding upon the undersigned and the undersigned’s heirs, representatives, agents, employees, contractors, successors, licensees and assigns.