(no subject)
McCANN ERICKSON - IMAGE CONSENT AND RELEASE
Video(s) name and description of you: _______________________________________
For five dollars ($5.00) and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, I irrevocably grant to McCann-Erickson USA, Inc. (“Agency”) and its client Applebee’s Services, Inc. (“Client”), and each of their respective agents, licensees, nominees, parents, subsidiaries, affiliates, successors and assigns and all others acting with the permission of Agency or Client, and the directors, officers, employees, and shareholders of each of them (collectively, the “Grantees”) the absolute right and consent to use (including, but not limited to, to edit, reproduce, display, broadcast, televise, publish, post and distribute) without restriction or limitation: my name, signature, biographical information, performance, voice, portrait, photograph and/or any other likeness of me, either in whole or in part, and in any and every form, style, size or color, as edited by Agency and/or Client (collectively, my “Image”) for the purposes of the creation and distribution of advertisements for Client featuring the Video(s) (in which I appear) (individually and collectively, the "Advertisement"), and for the purpose of advertising, promoting and/or publicizing the Advertisement and the products and services of Client, for one (1) year from the first air date of the Advertisement (the "Term"), anywhere in the world, in any and all media, whether now known or hereafter developed, including but not limited to print media; broadcast media; out-of-home media and/or venues; collateral media; electronic media and the internet; industrial media and/or venues; and programming. I agree that my Image may be used alone and/or with captions, film, artwork, audio track, photographs, or any other material.
I hereby release the Grantees from any and all liability arising out of the aforementioned use of my Image, including, but not limited to, any blurring, distortion, alteration, optical or auditory illusion that may occur or be produced in or by the taking, editing, reproduction, broadcast, publication, processing, or creation of the finished advertising, or any other display of my Image. I further agree that Grantees are under no obligation to use my Image in any way; provided, however, that should Agency use my Image as it appears in the Video for the Advertisement described above, Agency shall pay me a one-time fee of two-hundred dollars ($200).
I hereby waive any right that I may have to inspect and/or approve the finished Advertisement or other advertising, including but not limited to the copy that may be used in connection therewith, and/or to the use to which the Advertisement or other advertising may be applied. I hereby assign all my copyrights, privacy, publicity or any other property rights, if any, in and to the Advertisement or other advertising or any part thereof to Agency as agent for Client.
I warrant and represent that this consent does not in any way conflict with any existing commitment on my part. I have not heretofore authorized (which authority is still in effect), nor will I authorize or permit for the Term of this consent, the use of my Image (i) in connection with the advertising and/or promotion of any product or service that is competitive with Client, and (ii) in any manner which can be considered derogatory to Client.
I agree to indemnify and hold harmless the Grantees from and against any and all losses, claims, damages, expenses or liabilities of any kind, including court costs and reasonable attorneys' fees, arising from the use of my Image or any claimed breach of any of my covenants, representations or warranties hereunder.
I understand and acknowledge that this release represents the entire understanding between the parties with respect to the subject matter referenced herein, and that this release cannot be modified or altered, except in writing, signed by the parties. I understand that any dispute and/or disagreement arising under or in connection with this release shall be governed by the laws of the State of New York and shall be fully and finally decided by a court of competent jurisdiction in that State.
I am at least twenty-one (21) years of age and have the full right to make this agreement and grant the rights set forth herein. If I am not at least twenty-one (21) years of age, my parent or guardian, who represents that he or she has the full authority to sign on my behalf, shall instead make this agreement and grant the rights set forth herein, on my behalf. In the event that my Image is used in any advertising such that the use of my Image is subject to the SAG Commercials Contract, I agree to sign such standard contract and to be paid scale rates.
hmmm... does this sound sketchy??????
Video(s) name and description of you: _______________________________________
For five dollars ($5.00) and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, I irrevocably grant to McCann-Erickson USA, Inc. (“Agency”) and its client Applebee’s Services, Inc. (“Client”), and each of their respective agents, licensees, nominees, parents, subsidiaries, affiliates, successors and assigns and all others acting with the permission of Agency or Client, and the directors, officers, employees, and shareholders of each of them (collectively, the “Grantees”) the absolute right and consent to use (including, but not limited to, to edit, reproduce, display, broadcast, televise, publish, post and distribute) without restriction or limitation: my name, signature, biographical information, performance, voice, portrait, photograph and/or any other likeness of me, either in whole or in part, and in any and every form, style, size or color, as edited by Agency and/or Client (collectively, my “Image”) for the purposes of the creation and distribution of advertisements for Client featuring the Video(s) (in which I appear) (individually and collectively, the "Advertisement"), and for the purpose of advertising, promoting and/or publicizing the Advertisement and the products and services of Client, for one (1) year from the first air date of the Advertisement (the "Term"), anywhere in the world, in any and all media, whether now known or hereafter developed, including but not limited to print media; broadcast media; out-of-home media and/or venues; collateral media; electronic media and the internet; industrial media and/or venues; and programming. I agree that my Image may be used alone and/or with captions, film, artwork, audio track, photographs, or any other material.
I hereby release the Grantees from any and all liability arising out of the aforementioned use of my Image, including, but not limited to, any blurring, distortion, alteration, optical or auditory illusion that may occur or be produced in or by the taking, editing, reproduction, broadcast, publication, processing, or creation of the finished advertising, or any other display of my Image. I further agree that Grantees are under no obligation to use my Image in any way; provided, however, that should Agency use my Image as it appears in the Video for the Advertisement described above, Agency shall pay me a one-time fee of two-hundred dollars ($200).
I hereby waive any right that I may have to inspect and/or approve the finished Advertisement or other advertising, including but not limited to the copy that may be used in connection therewith, and/or to the use to which the Advertisement or other advertising may be applied. I hereby assign all my copyrights, privacy, publicity or any other property rights, if any, in and to the Advertisement or other advertising or any part thereof to Agency as agent for Client.
I warrant and represent that this consent does not in any way conflict with any existing commitment on my part. I have not heretofore authorized (which authority is still in effect), nor will I authorize or permit for the Term of this consent, the use of my Image (i) in connection with the advertising and/or promotion of any product or service that is competitive with Client, and (ii) in any manner which can be considered derogatory to Client.
I agree to indemnify and hold harmless the Grantees from and against any and all losses, claims, damages, expenses or liabilities of any kind, including court costs and reasonable attorneys' fees, arising from the use of my Image or any claimed breach of any of my covenants, representations or warranties hereunder.
I understand and acknowledge that this release represents the entire understanding between the parties with respect to the subject matter referenced herein, and that this release cannot be modified or altered, except in writing, signed by the parties. I understand that any dispute and/or disagreement arising under or in connection with this release shall be governed by the laws of the State of New York and shall be fully and finally decided by a court of competent jurisdiction in that State.
I am at least twenty-one (21) years of age and have the full right to make this agreement and grant the rights set forth herein. If I am not at least twenty-one (21) years of age, my parent or guardian, who represents that he or she has the full authority to sign on my behalf, shall instead make this agreement and grant the rights set forth herein, on my behalf. In the event that my Image is used in any advertising such that the use of my Image is subject to the SAG Commercials Contract, I agree to sign such standard contract and to be paid scale rates.
hmmm... does this sound sketchy??????