Performance Release For Online Submissions
Please read these terms of release (“Terms” or “Release“) carefully before submitting performances, URL, link, film, footage, video, data, text, information, graphics, photos, profiles, audio, video clips, and links (“Content“) to So Say We All (“SSWA”). These Terms govern and apply to all persons who submit their Content to SSWA.
Performance Application Submission
I understand that in return for the opportunity to be selected to perform at a SSWA event, SSWA will have the right to make an audiovisual recording of my performance and any related content. By submitting my Content to SSWA, I, the undersigned person, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, grant to SSWA, SSWA’s successors, assignees and licensees, permission to videotape, photograph and to record me and my voice, and use my name, image and likeness, as such appears in any video footage shot in connection with my submitted Content and/or SSWA Performance (the “Performance”).
I grant SSWA permission to use my name and/or likeness from footage of my performance for purposes of advertising, publicizing, exhibiting and exploiting the Performance in whole or in part, by any and all means, media, devices, processes, and technology now known or hereafter devised in perpetuity.
I understand that SSWA is not obligated to use my name and/or likeness, and that if SSWA does elect to use my name/likeness, SSWA may change, edit, add to or subtract from the footage as it sees fit. SSWA agrees that any portrayal of me will be made in good faith; however, I acknowledge that SSWA may portray me in the manner it considers appropriate. I understand I shall receive no compensation for my appearance and participation in the Performances being produced. I attest that I have voluntarily agreed to have my performance filmed.
I hereby release SSWA, its successors, assignees and licensees from any and all claims and demands arising out of or in connection with such use of the performance and/or video footage, including, without limitation, any and all claims for invasion of privacy, infringement of I right of publicity, defamation (including libel and slander), false light and any other personal and/or property rights. SSWA’s exercise of such rights shall not violate or infringe any rights of any third party. I understand that SSWA has been induced to proceed with the production, distribution and/or exploitation of the performances in reliance upon this agreement.
2. Performance License
By submitting an application to, and being selected for performing at a SSWA event, I grant SSWA an exclusive, fully paid and royalty-free, worldwide, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce and distribute such performance and recording, including, without limitation, distributing part or all of the performance in any media formats through any and all media now known or hereafter devised.
I understand I may not use, modify, publically perform, publicly display, reproduce, or distribute SSWA’s materials related to my SSWA performance. But, I understand that I retain all copyrights to my original work, and may exploit those rights accordingly.
3. My Warranties & Representations
I represent and warrant that:
(a) I own the performance submitted by me to SSWA or otherwise have the right to grant the license set forth in this section,
(b) My performance and application does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and
(c) My performance and application does not result in a breach of contract between me and a third party.
I agree to pay for all royalties, fees, and any other monies owing any person by reason of my SSWA Performance, as per the Indemnification Section below.
I agree to indemnify, defend and hold SSWA harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) SSWA incurs in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to my performance or a violation of this Agreement, either of which violates any applicable law or regulation, or the rights of any third party. SSWA retains the right to employ SSWA’s own counsel. I remain solely responsible for SSWA’s defense and must obtain SSWA’s written consent to a settlement. I agree to notify SSWA of a pending suit claiming I have violated a third party’s intellectual property or other rights. I understand that I must confirm my indemnification in case of a lawsuit, and that failure to do so may be considered a breach of this Agreement.
8. Governing Law
This Agreement is governed by the laws of the State of California, without regard to any conflict of laws rules or principles. SSWA’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitutes the entire Agreement between us.
If I am at least 13 years old but still a minor, I understand that a parent or legal guardian must give me their permission to submit Content. By submitting Content, I represent that my parent/guardian is providing such permission. By agreeing to this Release and submitting Content, I represent that I am fully able and competent to enter into the terms and be bound by them.