Submission Release Agreement (the “Agreement”)
IMPORTANT PLEASE READ THE FOLLOWING CAREFULLY.
Thank you for agreeing to provide content to the www.sungsgarage.com website (the “Site”). By making a submission, you hereby consent to having my photograph/image/likeness used by SG Media Enterprises LLC (“Producer”) or those authorized by Producer, and I hereby grant to Producer, its agents, successors, assigns and licensees, permission to photograph me and reproduce and/or simulate my picture and voice, and use and/or simulate my name, voice and picture, and/or use my photograph in any manner whatsoever, in any media throughout the universe in perpetuity, including, but not limited to, in and in connection with the digital series currently entitled, “Your Car My Car” (the “Series”) and in and in connection with the distribution, exhibition, advertising, promotion and exploitation thereof.
You agree to grant Producer, its agents, successors, assigns and licensees an irrevocable license to use, distribute, and exhibit (and/or authorize others to use, distribute and exhibit) all or part of any other material or information provided by me (including, but not limited to, any audio-visual works, stills, depictions or other materials created by me, of which I hereby represent and warrant myself to be the sole copyright holder) (the “Submissions”) in any and all media now known or hereafter devised, in perpetuity, throughout the universe, including and without limitation, in and in connection with the Series(or any version thereof) and in connection with all ancillary, incidental and subsidiary rights related thereto, and in advertisements and promotions for the Series and other programs. I understand that Producer may edit the Submissions. Nothing contained herein shall obligate Producer, its agents, successors, assigns and licensees to use all or any portion of the Submissions.
You are solely responsible for clearing the use of all third party materials (“Materials”) used in the Submissions or that you have obtained for use in the Submissions and, if applicable, paying any royalties, fees, or fringe benefit payments due to third parties, including performing rights societies, regarding the use, performance, or other exploitation thereof. Upon request, you shall provide copies of your licenses of such Materials (if any). You hereby represent, warrant and covenant that: (i) you are the owner of any Materials, (ii) there are no encumbrances, liens or judgments against or affecting the Materials, (iii) there are no claims, litigation or threats of claims or litigation in connection with the Materials or your ownership, (iv) the distribution and/or other exploitation of the Materials will not cause monies to be owed to any third parties, (v) you have not entered and will not enter into any agreement which would negatively affect or diminish Producer’s rights under this agreement, (vi) the Materials do not defame any person living or dead, and (vii) the Materials do not violate the copyrights, trademarks, patents, rights of publicity, rights of privacy, or other intellectual property rights of any third party.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
You represent and warrant that: (a) you are the author of and owner of all rights in and to the material provided and has the sole and exclusive right to grant the rights granted to Producer herein, including, but not limited to, moral rights, (b) neither you nor anyone has any contractual or other arrangements which will interfere with the rights herein granted, (c) the rights herein granted will not infringe on the rights of any third party, and (d) the consent or permission of no other party is required to use the material as set forth herein. Provider agrees to indemnify, defend (at Producer’s request) and hold Producer and its divisions, subsidiaries, affiliates, officers, directors, agents, employees, successors, assigns and licensees harmless from and against any and all liabilities, damages, suits and expenses (including reasonable attorney’s fees and disbursements) arising out of or in connection with the breach or alleged breach of any representation and/or warranty made hereunder.
You warrant that you are of the legal age of majority and have every right to contract in your own name or, if the Submissions or Materials involve a minor child/children under the legal age of majority, that you are the parent or legal guardian of the minor child/children involved in the Submission or Materials, have read and understand the terms and conditions of this Agreement, and can legally enter into this Agreement on behalf of all such minor child/children.
You further agree that in no event shall you have the right to enjoin development, production, distribution or exploitation of the Series.
You certify that you have the right to grant each and every right granted herein.
This consent and grant of rights is irrevocable so that Producer may proceed in reliance thereon.