America'S Funniest Home Videos Personal Release and Grant of Rights
America'S Funniest Home Videos Personal Release and Grant of Rights
America'S Funniest Home Videos Personal Release and Grant of Rights
Gentlemen:
In consideration of one or more of the following, such as the time and resources you expend in
evaluating the Video (as defined below) submitted to you in which I (hereinafter “I” or “me” will include
references to “we” or “us”) appear for possible inclusion in the program “America’s Funniest Home Videos,”
my desire to gain exposure for myself and/or the Video, the opportunity for myself or others connected with
the Video to be considered to compete for prizes regardless of whether I am personally eligible for such prizes,
and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, I
irrevocably grant to you, your affiliates, licensees, successors and assignees (collectively, “you,” “your”) sole
and exclusive ownership of all right, title and interest in and to the Video and all elements contained in the
Video, regardless of the method or medium used to submit the Video to you, including without limitation, all
copyright and other intellectual property rights therein or thereto, as well as all original material(s) created by
me which is (are) incorporated therein, including without limitation, all audio and/or visual material, artwork,
dialogue, musical composition[s], literary material, etc. and all of my Personal Rights (as defined below)
contained therein (the “Video”).
Without limitation as to the foregoing grant of rights, my grant to you also includes the exclusive
right, license and permission to freely utilize and exploit the Video and/or any portion(s) thereof in any
manner. In addition I grant to you the right to use my name, voice, likeness, biographical information,
appearance and performance in and in connection with the Video and/or the Programs (as “Programs” is
defined below) (collectively, the “Personal Rights”). My grant to you includes the use of my Personal Rights
and any use you may make of the Video, including without limitation, any use of the Video in and/or in
connection with any version of “America’s Funniest Home Videos,” and/or any other program(s), format(s)
production(s),commercials and commercial-tie-ins, product endorsements, product merchandising and/or
merchandising of any kind, whether or not related to “America’s Funniest Home Videos,” and also includes,
without limitation, the right to use the Video and the Personal Rights to publicize, advertise and promote
any and all of the Programs and/or broadcaster’s or other applicable exhibitor’s or transmission entity’s
respective programs, products or services, including transmission by satellite and over the Internet
(collectively the “Program(s)”) in any and all media, whether now known or hereafter devised (including,
without limitation, all forms of home video (including but not limited to videocassettes, DVDs, digital
recordings or transmissions, etc.); theatrical motion pictures; compilations; printed media; the Internet,
websites and any and all digitized versions (including without limitation, any sponsored or commercial use
in connection with online banner, “preroll,” “postroll,” and/or targeted advertising, graphic overlays and
watermarking (and any other modifications or edits to the Video itself); digital and electronic devices)
[including but not limited to gaming devices, entertainment stations and handheld devices] (such as Nintendo,
Playstations, Gameboys, XBox, DS, PSP, and cell phones); all new media and future technologies; and all
forms of television, e.g., free, pay, pay-per-view, cable, satellite or otherwise) throughout the universe in
perpetuity and in any and all advertising, publicity and promotion relating to any of the foregoing (all of the
foregoing, collectively, “Commercial Rights”). I also understand and agree that you may sell, assign or
license your rights hereunder (in whole or in part) to any third party in your sole discretion and without
providing any further consideration to me.
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I am aware and acknowledge that new or changed rights and technologies, uses, media, modes of transmission,
distribution, dissemination, exhibition or performance are being developed and will continue to be developed,
discovered or recognized in the future, which may offer or create new rights and opportunities to exploit or use the
Video, the Commercial and the Personal Rights (the “New Exploitation Rights”). I hereby grant and convey to you,
without reservation, any and all such New Exploitations Rights in and to the Video, regardless of whether or not I am
currently aware of or can foresee such uses.
I understand, acknowledge and agree that I will not receive any prize or other compensation pursuant
to this agreement whether or not the Video or any portion thereof, are included in any Program(s) or otherwise
utilized, or the Personal or the Commercial Rights are in any way exploited, or not used at all. Further, I agree
that the Video may be cut, edited, modified, added to, subtracted from, arranged, rearranged, shortened and
revised for any reasons and in any manner which you may in your sole discretion determine (including without
limitation for reasons of content, presentation and time) and may, to the extent decided by you in your sole
discretion, you may also add, modify or subtract the sound effects, music, host voiceovers, voices and/or other
elements of the Video and/or you may use, adapt and modify the Video and/or any use of the Personal Rights
or any portion or element of the foregoing and combine it with other materials in any Program(s). I hereby
expressly waive any so-called “moral rights,” “droit morale” and any similar rights, laws and legal benefits or
principles that may now or may hereafter be recognized.
I hereby release, discharge and hold harmless you, your affiliates, employees, officers, principals,
directors, your licensees, successors and assignees, the Program(s)’ broadcasters, distributors, the American
Broadcasting Companies, Inc. (“ABC”), their respective parents, subsidiaries, employees, officers, directors,
affiliated entities and any representatives of the foregoing and all other person(s) or entity(ies) (the
“Releasees”) from and against any and all claims whether at law or in equity that I may have at any time
(whether or not I am aware of any such claim[s]), including without limitation claims for injunctive relief,
breach of contract, infliction of emotional distress, defamation, false light, common law or statutory
misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and
claims under equivalent federal or state laws arising from the exploitation of any or all of the rights granted to
you hereunder, including without limitation, the Commercial Rights and the Personal Rights (collectively, the
“Released Claims”). The Released Claims shall include, without limitation, any claim relating to, arising from
or in connection with: (i) any use, exploitation or exercise of any right(s) granted hereunder, (ii) in connection
with/or arising from any contest and/or sweepstakes involving all or any part of the Video and/or the Personal
or Commercial Rights, and the operation and/or procedures implemented in connection with any such contest
and/or sweepstakes, including without limitation, the contest rules, voting procedures, contestant and voter
eligibility, determinations of the judges, audiences and/or the producers, the selection of winners, the awarding
of any prize, the determination of any disqualification, any disparate exposure of the Videos competing for any
award, prize or recognition, and any and all other matters in connection with any contest or sweepstakes; (iii)
the public dissemination and/or distribution of the Video, including without limitation, any claim resulting
from piracy or other unauthorized distribution, duplication or display of the Video by third parties; (iv) the loss
of the Video and/or the failure of the Video to be properly or timely displayed to the public for any reason,
including but not limited to, technical difficulties, equipment failures, inadequate capacity, system overload,
excess traffic, human error or malicious actions or for any other reason whatsoever, (v) in connection with any
Program preemptions (national and/or local, including without limitation, the market in which I reside) and/or
alternate airdates and times, if any, of any fully or partially pre-empted episodes (including without limitation,
any “call-to-vote” episodes), which alternate airdates may or may not be announced in advance and may or
may not draw the same number of viewers as the originally scheduled date and time; and/or (vi) in connection
with any claims arising from and/or related to the negotiation or execution of this agreement, including but not
limited to, any claims based upon allegations of duress or the like.
I understand and agree that all rights I may have under Section 1542 of the California Civil Code and
any similar law of any state or U.S. territory, any similar federal or foreign law, or any similar common law or
principle of similar effect, are hereby expressly waived. I acknowledge and understand that said section reads
as follows;
I acknowledge that I may hereafter discover claims in addition to the ones released in this document, and I
hereby expressly release you from any such unknown and/or unsuspected claims.
I understand that nothing shall require you to include me or the Video in any Program or to broadcast
or otherwise exhibit the Program(s) in any media and that all such matters are within your sole discretion. I
acknowledge that, in the event of a breach of this agreement by you or any third party, the damage, if any,
caused me thereby will not be irreparable or otherwise sufficient to entitle me to seek or obtain injunctive or
other equitable relief. I acknowledge that my rights and remedies in any such event will be strictly limited to
the right, if any, to recover damages in an action at law, and I will not have the right to enjoin the production,
exhibition, distribution or any other exploitation of the Programs, the Video or any allied rights granted herein
with respect thereto, nor to revoke any of the rights granted to you herein.
I represent and warrant that I, the undersigned, am in fact the individual appearing in the Videotape
and that the Video does not fall under the jurisdiction of the Screen Actors Guild, the American Federation of
Television and Radio Artists, the Directors Guild of America, the Writers Guild of America, or any like
theatrical, motion picture or television union or guild. I agree that this Release will be governed by and
construed under and in accordance with the laws of the State of California applicable to agreements entered
into and to be wholly performed in the State of California. I hereby consent and agree to the exclusive
jurisdiction and venue of the federal and state courts of the State of California located in the County of Los
Angeles, in connection with any lawsuit, action or proceeding arising out of or related to this agreement, the
use of the Video and/or to any rights granted hereunder.
I represent and warrant that I have not violated and will not violate any provisions of Section 507 of
the Federal Communications Act which makes the acceptance of payment of money or other consideration for
the inclusion of program matter a criminal offense in violation of Section 507.
I hereby agree to indemnify, defend and hold you and your affiliates, your licensees, grantees,
successors and assignees, the Program(s) broadcasters, ABC, their respective parent, subsidiary and affiliated
entities and the respective officers, directors, employees and representatives of each of the foregoing entities,
companies, and organizations and any and all other related person(s) or entity(ies), harmless against any and
all losses, claims, debts, demands, liabilities, attorneys’ fees and expenses, and all other damages or costs
arising from or related to: a) any breach of the representations or warranties made herein, or the falsity of any
such representations or warranties, including without limitation, any and all claims by third parties that their
signature(s) has or have been forged or otherwise obtained by any improper means, and b) the use by
Releasees of any of the rights and permissions I have granted herein.
I understand and agree that you may assign your rights hereunder in whole or in part to any person,
firm or corporation, and such rights may be assigned again by any assignee thereof. I understand and agree
that I may not grant or purport to grant to any third party the rights granted to you under this Release. I agree
to execute any additional documents which you may from time to time require or deem necessary or desirable
to evidence, establish, maintain, protect, enforce or defend your exercise and/or full exploitation of any of the
rights I have granted herein including, without limitation, your right, title and interest in and to the Videotape
or any portion or element thereof. If I fail to execute and deliver such documents, I hereby appoint you as my
attorney-in-fact, with full right of substitution and delegation, to execute any such documents in my name and
on my behalf to effectuate the purpose of this agreement, such power being irrevocable and coupled with an
interest.
This agreement constitutes the entire understanding between you and me, and supersedes all prior
negotiations, understandings and agreements, whether written or oral, pertaining hereto and cannot be
modified except by a writing signed by you and me. Any waiver of any term of this agreement in a particular
instance shall not be a waiver of such term for the future. In the event that any paragraph or provision is deleted
from this agreement, is determined to be ineffective or is limited in any manner for any reason, such deletion,
determination and/or limitation shall have no effect upon the other remaining terms and conditions of this
agreement, all of which other terms and conditions shall remain in full force and effect. This agreement may be
executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be
an original and all of which taken together shall constitute one and the same instrument, respectively.
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I declare under penalty of perjury under the laws of the State of California and of the United States
that all statements made by me in this agreement are true and correct, that the name below is my legal name,
and that the signature below is my legal signature
I understand and am bound by all the terms contained in this agreement. Further, I understand that
you would not further evaluate the Video without this agreement and that should you include the Video or any
portion thereof in any Program(s) or exercise any other rights granted hereunder, you will be doing so in
reliance on this agreement.
_
[Signature] [Date]
_
[Print Name] [Current Age]
[Address]
I represent and warrant that I am either (i) the parent (with sole or shared custody, as applicable) or (ii)
the legal guardian of the minor child (the “Minor”) whose name appears above and that I have the legal
capacity to enter into irrevocable, binding agreements on behalf of the Minor. The Minor and I, both
individually, and, additionally, I, on behalf of the Minor and as the Minor’s parent or legal guardian, agree to
be bound by all of the provisions of this agreement and I hereby guarantee all of the Minor’s covenants and
obligations. As a material part of the consideration inducing you to enter into the foregoing agreement with
Minor for use of the Video and the possible benefits arising therefrom, I do hereby: ratify and approve each
and all of the terms, conditions, rights, indemnities, releases and obligations contained in the agreement; agree
to attempt to secure and to do nothing directly or indirectly to hinder or prevent the full performance thereof by
the Minor; consent to the use of Minor’s name, likeness, and voice as provided in the agreement, in and in
connection with the production, distribution, exhibition, exploitation and promotion of the Program; and
irrevocably guarantee and warrant that Minor will not disaffirm or disavow the agreement on the grounds that
Minor is a minor at the date of the execution hereof, or on any other similar grounds.
This guarantee shall be applicable as well to any modification, amendment, extension, renewal or
substitution of the agreement, and to the agreement as modified by any waiver. If Producer elects to seek
Court approval of this agreement, I, in consideration of the execution of the agreement by the Producer, further
agree to cooperate with Producer to secure the approval, by a Court of competent jurisdiction, of the
agreement. I agree to indemnify and hold the Releasees (as defined in the agreement) harmless from and
against any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees which may arise
from the breach or alleged breach by Minor or me of the foregoing.
Parent/Guardian:
[Signature] [Date]
[Print Name]
[Address]
I (we) have read the foregoing agreement and agree to be bound by all of its terms.
[address]
[address]
[address]
[address]
[address]
Each parent/legal guardian signing below represents and warrants that he/she is either (i) the parent (with sole
or shared custody, as applicable) or (ii) the legal guardian of the minor child (the “Minor”) whose name
appears in connection with such parent’s/legal guardian’s signature, and that such parent/legal guardian has the
legal capacity to enter into irrevocable, binding agreements on behalf of the Minor. The Minor and each
parent/legal guardian of each Minor, both individually, and, additionally, the parent/legal guardian of each
Minor, on behalf of the Minor and as such Minor’s parent/legal guardian, agree to be bound by all of the
provisions of this agreement, and each parent/legal guardian hereby guarantees all of the Minor’s covenants
and obligations. As a material part of the consideration inducing you to enter into the foregoing agreement
with Minor for use of the Video and the possible benefits arising therefrom, I do hereby: ratify and approve
each and all of the terms, conditions, rights, indemnities, releases and obligations contained in the agreement;
agree to attempt to secure and to do nothing directly or indirectly to hinder or prevent the full performance
thereof by the Minor; consent to the use of Minor’s name, likeness, and voice as provided in the agreement, in
and in connection with the production, distribution, exhibition, exploitation and promotion of the Program; and
irrevocably guarantee and warrant that Minor will not disaffirm or disavow the agreement on the grounds that
Minor is a minor at the date of the execution thereof, or on any other similar grounds.
This guarantee shall be applicable as well to any modification, amendment, extension, renewal or
substitution of the agreement, and to the agreement as modified by any waiver. If Producer elects to seek
Court approval of this agreement, I, in consideration of the execution of the agreement by the Producer, further
agree to cooperate with Producer to secure the approval, by a Court of competent jurisdiction, of the
agreement. I agree to indemnify and hold the Releasees (as defined in the agreement) harmless from and
against any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees which may arise
from the breach or alleged breach by Minor or me of the foregoing.
Parent/Guardian:
[Signature] [Date]
[Print Name]
[Address]
[Print Name]
[Address]
[Print Name]
[Address]