Download as pdf or txt
Download as pdf or txt
You are on page 1of 2

APPEARANCE RELEASE FORM

Name: ________________________________ (“Participant”, “I” or “me”) Date of Birth: ___________________________________

Address: ________________________________________ City/State/Zip Code: ___________________________________

This release (the “Release”) is made by and on behalf of Participant with respect to Participant’s participation in an audiovisual program and/or
programs tentatively entitled “FACEBOOK INSTAGRAM UNTITLED GRADUATION PROJECT” (collectively, the “Program”) being produced by Copper
Hill Entertainment, LLC (“Producer”) for Facebook, Inc. and its parents, subsidiaries, affiliated and related companies (collectively, “Facebook”). As used
herein, “Producer” shall include Producer, its licensees, successors and assigns, and each of their respective parents, subsidiaries, and affiliates, and
each of their respective officers, directors, shareholders, employees, agents, representatives, successors, licensees and assigns. The rights granted
herein shall inure to the benefit of Producer, its licensees, successors, and assigns, including but not limited to Facebook.

For good and valuable consideration (including, without limitation, the effort and expense incurred by Producer and/or Facebook procuring the
Recordings (defined below) and otherwise producing the Program and considering the use of such Recordings in the Program), the receipt and
sufficiency of which are hereby acknowledged, I irrevocably grant Producer and its affiliates and assigns (including, without limitation, event and program
sponsors, advertisers and marketing partners) the perpetual, worldwide right to make both visual and/or audio recordings and still images of me, whether
recorded prior or subsequent to the execution hereof, with or without my knowledge (collectively, the “Recordings”) and to use the Recordings and my
name, voice, likeness, biographical information and other indicia of my identity (collectively, “My Likeness”) as included in the Recordings and/or
otherwise obtained by Producer, in and in connection with the development, production, distribution and exploitation of the Program and any version
thereof, as Producer may determine in its sole discretion. I authorize Producer to incorporate and license others to incorporate any part or all of the
Recordings and/or My Likeness in any other production, including without limitation, remakes and sequels. I grant Producer the right to use the
Recordings and/or My Likeness for the purpose of advertising, marketing, publicizing and promoting the Program or any version thereof and/or any other
production in which the Recordings and/or My Likeness is incorporated and/or the exhibitors (including, but not limited to, institutional promotion) and
sponsors of any of the foregoing in any manner whatsoever, including, but not limited to, product integration, merchandising, commercial tie-ins, and
implied endorsements. The granted hereunder shall include, without limitation, the perpetual, worldwide right to: edit, delete, dub and fictionalize the
Recordings, Program and My Likeness as Producer shall determine in its sole discretion; and to transmit, exhibit, display, telecast, record, publish,
reproduce, use, license, print, distribute or otherwise exploit, in any manner and in any medium or forum, whether now known or hereafter devised, the
Recordings, the Program or any version thereof or any other production in which the Recordings and/or My Likeness is incorporated, in whole or in part,
without any further compensation to me. Producer shall be under no obligation to actually use the Recordings and/or My Likeness in any manner.

I agree that no payment shall be due to me for the use of My Likeness and/or the rights granted by me under this agreement, and Producer shall not be
obligated to pay me or any third party any compensation whatsoever, regardless of the time or method of any use of the Recordings. I further
acknowledge and agree that the consideration I will receive for Producer’s use of My Likeness and the exercise of the rights granted by me is the
opportunity for publicity that I will receive if Producer decides to include the Recordings in the Program.

I represent, warrant and agree that (a) my participation is not a performance and is not employment and is not subject to any union or guild collective
bargaining agreement, and does not entitle me to wages, salary, corporate benefits, unemployment or workers’ compensation benefits, or other
compensation under any such collective bargaining agreement or otherwise; (b) any statements made by me in connection with my participation in the
Recordings or Program will be true and will not violate or infringe upon any third party’s rights; and (c) all information I am providing to Producer on this
Release is valid, true and accurate, and that I have (or will concurrently provide) to Producer full and accurate information regarding my name (including
prior names, aliases and professional/stage names), address and date of birth, for Producer’s and Facebook’ s record-keeping purposes.

I acknowledge that Producer and/or Facebook is the sole and exclusive owner of all rights in and to the Recordings and the Program, and all elements
thereof, throughout the universe, in perpetuity, in any and all media now known or hereafter devised (including, without limitation, all copyrights thereto
and any renewals and extensions thereof). The results and proceeds of my participation in and in connection with the Program and all material of
whatever kind or nature, at any time heretofore and/or hereafter created and/or contributed by me under this Release and/or in connection with the
Program shall be deemed a “work made for hire” specially ordered or commissioned by Producer, with Producer being deemed the sole author of the
material and the owner of all rights of every kind or nature and I waive the exercise of any “moral rights,” “droit moral,” and any analogous rights,
however denominated, that I may have in any jurisdiction of the world. To the extent the material or any part thereof are not considered “work made for
hire”, I hereby irrevocably assign and transfer all rights in and to the material (including, without limitation, all copyrights and all extensions and renewals
therein) exclusively to Producer in perpetuity, throughout the universe, in any and all media, whether now known or hereafter devised. Without limiting
the foregoing, Facebook shall have the irrevocable right to use, refrain from using, change, modify, add to, subtract from, take from, translate, digitize,
edit, reformat, reprocess, exhibit, and/or otherwise exploit the results and proceeds of my services under this Release, in whole or in part, in any manner
and in any and all media, whether now known or hereafter devised, throughout the universe, in perpetuity, in any and all languages, as Facebook in its
sole discretion shall determine, without any further compensation to me.

In the event of breach by Producer, I acknowledge and agree that the damage, if any, caused thereby will not be irreparable or otherwise sufficient to
entitle me to injunctive or other equitable relief; my remedy in such case being strictly limited to the right to recover actual damages, if any, in an action
at law. I understand that Producer is expending monies in reliance on this Release and that this Release is irrevocable and I agree not to attempt to
cancel it or to revoke any of the rights granted to Producer herein. Further, I agree that, under no circumstances, shall Producer or Facebook have any
liability or obligation for any incidental, consequential, special, exemplary or punitive damages or other similar damages.

I agree not to disclose, at any time, to any third party any information to which I have, have had or will have access concerning the Program or any of
Producer’s or Facebook’s programming or other services, or the terms and conditions of this Release. I agree not to make or authorize any other person
or entity to make any statement to any media service with respect to the Program or any of Producer’s or Facebook’s operations, programming or other
services, without Producer’s and Facebook’s prior written approval in each instance. Further, I agree that I shall not grant any press or media service
with access to attend any shoot for the Program and I will not, and will not authorize any person or entity to, publicize, advertise or promote my
appearance on the Program, receive or generate any monetary advantage from my appearance on the Program, or use or disclose to any party any
information or trade secrets obtained or learned as a result of my participation in the Program. In addition, I will not, and will not authorize any other
person or entity to, prepare or assist in the preparation of any written work, any audio work, visual work or any audio-visual work that depicts, concerns,
or relates in any way to my appearance on the Program and I shall have no right to use the names, trademark, logos, or trade names of Facebook or the
names or logos related to the Program for any purpose whatsoever, including, but not limited to, publicity, public relations, merchandising or self-
promotion purposes without the prior written consent of Facebook. All contact with the media regarding the Program or my participation in the Program
must be organized and sanctioned by the press officer of Producer in connection with the Program or by a duly authorized representative of Producer
and/or Facebook. For the avoidance of doubt, my confidentiality obligations and publicity restrictions hereunder shall apply to any and all media

060917
whatsoever, including, without limitation, any and all social media platforms, social networking sites, micro-blogging services. user-generated or user-
uploaded content websites, online forums, discussion threads and comment sections, personal websites and blogs, user modified websites or “wikis”
and any other websites, services, platforms, programs, applications or other forms or methods of communication, whether now known or hereafter
devised. I agree that disclosure in violation of any of the foregoing shall constitute a material breach of this Release, which will cause irreparable harm
to Producer and/or Facebook, and without limiting any other rights that Producer and/or Facebook may have, will entitle Producer and/or Facebook to,
among other things: (i) injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach by me of this paragraph; (ii)
recovery or disgorgement of the monies or other consideration received in connection with such disclosure, if any; (iii) recovery of Producer’s and/or
Facebook’s attorneys’ fees incurred in enforcing the terms of this paragraph; and (iv) an amount equal to One Million Dollars ($1,000,000), which
amount is agreed upon by the parties as liquidated damages and not as a penalty, and which sum amount has been computed, estimated and agreed
upon as an attempt to make a reasonable forecast of probable actual loss, because of the difficulty of estimating with exactness the damages that shall
result.

I understand that it may be a federal offense, unless disclosed to Producer prior to exhibition, if any, to do any of the following: (a) give or agree to give
any member of the production staff and anyone associated in any manner with the Program or any representative of Producer any portion of my
compensation or anything else of value to arrange my appearance in the Program, or (b) accept or agree to accept anything of value to promote any
product, service or venture on the air or to use any prepared material containing such a promotion. I represent and warrant that I gave nothing of value
nor did I agree to give anything of value to anyone in order to participate in the Program. I shall notify Producer and Facebook if any person attempts or
has attempted to induce me to do anything in violation of the foregoing or which is in any way dishonest.

I acknowledge that participation in the Program may involve risk of bodily injury, death and/or damage to or loss of property, and I expressly assume all
risk and danger and all hazards arising from, or related in any way to, my participation in the Program, however caused and whether by negligence or
otherwise. In addition, I acknowledge that the Program may contain information, statements, or representations (“Information”) relating to me of a
personal, private, disparaging, embarrassing and/or unfavorable nature, and that such Information may be summarized, edited, or modified in a manner
that may be misleading or untrue. I further acknowledge that the Information may expose me, my family, and/or others to public ridicule or
embarrassment. I voluntarily agree to participate in the Program with full knowledge of the foregoing and freely and voluntarily assume all risk
associated therewith. I hereby agree on behalf of myself and my heirs, next of kin, representatives, successors and assigns (collectively, the “Releasing
Parties”) not to sue and unconditionally and irrevocably release, waive and forever discharge Producer, Facebook and each of their parent, subsidiaries
(whether or not wholly-owned), affiliates, divisions, agents, representatives, employees, successors and assigns, and each of their employees, directors,
shareholders, officers, agents, sponsors, successors and assigns (collectively, the “Released Parties”) from any and all past, present and future claims,
demands, causes of action, damages, loses, costs, expenses, judgments or liability (collectively, “Claims”) of any kind directly or indirectly related to or
arising out of the Recordings, the Program, my participation in the Program and/or otherwise in connection with this Release, including, but not limited
to, claims for any personal injury, property damage, libel, slander, defamation, infringement of right of publicity or invasion of privacy whether or not
caused by any negligence or act or omission of the Released Parties (collectively “Claims”). I on behalf of myself and the other Releasing Parties
acknowledge and understand that there may be facts discovered or claims incurred which were unknown or unsuspected at the time of execution of this
Release which may have materially affected my decision to execute this Release if known at the time of execution, and I and the other Releasing Parties
assume any risk of such unknown or unsuspected facts or claims. I further agree that I shall be liable for any attorneys’ fees and costs incurred by
Producer and/or any of the Released Parties in connection with any claim or lawsuit brought in violation of this Release and I will defend, indemnify and
hold harmless the Released Parties from and any all Claims of any kind directly or indirectly related to or arising out of my participation in the Program,
as well as those that in any way are caused by, arising out of or resulting from any breach or alleged breach by me of any of the representations or
warranties made in this Release.

This Release constitutes the entire agreement and understanding between the parties regarding the subject matter hereof and supersedes all prior or
contemporaneous agreements, communications and understandings (whether written or oral) between the parties relating to the subject matter hereof. I
confirm that I have read and fully understand this document and have not signed it in reliance on any statement, opinion or representation by Producer,
Facebook or anyone acting on their behalf or otherwise. The Parties will be bound by signatures on this document which are transmitted by mail, hand
delivery, facsimile and/or any other electronic method (email or otherwise) to the other Party or, if applicable, counsel of record for the other Party. Such
signature will have the same binding effect as any original signature. In the event that any term or provision of this Release shall be held invalid by a
competent court or governmental agency, the remainder of this Release shall not be affected thereby, and the parties hereto shall continue to be bound
by the remaining terms hereof. This Release can only be amended by a written document signed by all parties hereto. This Release shall in all respects
be governed by, and construed in accordance with, the laws of the State of California applicable to contracts entered into and to be fully performed
therein, without application of any choice of law rules. The parties hereto submit to the exclusive jurisdiction of the courts of the State of California and
the courts of the United States located in San Mateo County, California, in connection with any lawsuit, action, or proceeding arising out of or relating to
this Release, and agree that venue in San Mateo County, California is proper. Nothing herein shall limit or derogate from Producer’s and/or Facebook’s
rights as a member of the general public.

Agreed to and accepted by:

Signature of Participant: _________________________________ Date: _____________________________________________

If participant is under eighteen years of age: The undersigned (“Guardian”) represents and warrants that it is the parent or guardian of the minor whose
name appears above. The Guardian acknowledges that it has read the foregoing Release and is familiar with each and all of the terms contained
therein, that it is satisfied that the Release is fair and equitable, and the Guardian hereby gives its express consent to its execution by the Guardian’s
child/ward and will not revoke the Guardian’s consent at any time. The Guardian releases the Released Parties (as defined above) from any claims and
causes of action the Guardian I may have against them of any nature whatsoever. The Guardian hereby fully and unconditionally guarantees the
performance of the Guardian’s child's/ward’s obligations and the grant of rights in and to the results and proceeds of the Guardian’s child's/ward’s
activities as set forth above.

Signature of Parent or Guardian: Date:

Print Name: Phone: ________

060917

You might also like