IMPORTANT: PLEASE READ
Video Useage Terms and Legal Release
In consideration of my being afforded by Gohan Recordings Limited ("Gohan") acting on behalf of Noel Hogan and Richard Walters ("Arkitekt") the possibility appearing in a music video, the sufficiency of which, without further consideration or compensation, I hereby acknowledge, I hereby irrevocably and unconditionally grant to Gohan and Arkitekt, and their licensees, successors and assigns the right to the results and proceeds of my services and my likeness including, without limitation, the right to photograph, film, tape or otherwise record, capture or edit my physical likeness and movements in any manner it desires, to reproduce same through any medium or format now known or hereafter devised, including, without limitation, film, television, video cassettes, DVD, interactive devices, internet and online systems), in perpetuity, throughout the world, in any and all languages, in connection with the development, production, publication, distribution and/or exploitation of visual material or other content, projects, campaigns or programmes or any derivative works thereof, for purposes of inclusion in the video known as "14 Days Music Video" (the "Project") and in derivative works thereof, merchandising, advertising, promotion and/or for any other lawful commercial and/or non-commercial purpose whatsoever. I expressly understand and agree that any photograph, film, tape or other recording of my likeness made by me pursuant hereto, or provided by me to Gohan and Arkitekt (e.g., pre-existing material), or any reproductions or modifications thereof and all rights therein, and all results and proceeds of my appearance or any services rendered by me in connection therewith, shall be the sole absolute property of Gohan and Arkitekt for any and all purposes whatsoever in perpetuity, and Gohan and Arkitekt, and their agents, licensees and assigns, shall have the unlimited right throughout the world to publish, exhibit and otherwise use such material or any part thereof in any manner they desire and in all media now known or hereafter devised, it being understood that the Project or any derivative works thereof may contain factual and/or fictional scenes, action and dialogue. Without in any way limiting the foregoing, I acknowledge that Gohan and Arkitekt, and their, licensees, successors and assigns have the right to change, modify, edit, add to, delete, transform, combine with other material or manipulate my likeness and movements in connection with its exercise of such rights. The rights granted herein also apply to any property of mine appearing in the provided video.
I agree that Gohan and Arkitekt, and their licensees, successors and assigns shall have sole discretion in determining the extent and manner of use of likeness or anything else granted herein and are not obliged in any way to use my likeness or anything else granted herein or any portion thereof in any medium.
I further agree that, if by reason of my appearance, actions, use of my
likeness or any material(s) provided by me for the Project or derivative works thereof, or other uses, there is any claim or litigation involving any allegation by third parties for violation or infringement of their rights, I will hold Gohan and Arkitekt, and their licensees, successors and assigns, and their representatives, agents, managers and employees harmless from liability and will indemnify and defend them on demand against any and all losses or expenses (including reasonable legal fees and costs) arising from the defence of such claims or litigation. I acknowledge that Gohan and Arkitekt are relying upon this Release in using me in the making of the Project, at cost to Gohan and Arkitekt. I hereby agree that I will not assert or maintain against Gohan and Arkitekt, their licensees, successors and assigns, their representatives, agents, managers and employees, any claim, action, suit or demand of any kind or nature whatsoever, including, but not limited to, those founded upon infringement of the right of privacy, or any other civil rights, defamation, or for any other reason arising from the exercise of the consent of rights herein granted to Gohan and Arkitekt, and I hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable relief. I further acknowledge and agree that any breach by me of this Release will cause irreparable harm, and therefore, that Gohan and Arkitekt, their licensees, successors and assigns, their representatives, agents, managers and employees, shall be entitled to injunctive or equitable relief in addition to all other remedies available at law or in equity, in any court of competent jurisdiction.
I hereby acknowledge and agree that this Release is not governed by agreements with any union or collective bargaining agreement, and, therefore, Gohan and Arkitekt will not pay me any fees, residuals, re-use fees, pension, health and welfare benefits or other benefits/payments. This Release and the rights granted hereby may be freely assigned (in full or in part) by Gohan and Arkitekt.
This Release shall be binding upon, and shall inure to the benefit of, my heirs,
executors, administrators, successors and assigns. I hereby certify and represent that I have read the foregoing, fully understand the meaning and effect thereof and am signing this voluntarily. This Release shall be governed by the laws of the Republic of Ireland. I agree, as does Gohan and Arkitekt, to submit to the exclusive jurisdiction of the courts of the Republic of Ireland. I acknowledge that this Release constitutes the entire understanding of the parties regarding the subject-matter hereof and supersedes all prior or contemporaneous understandings of the parties. The electronically submitted email copy of this document containing the information I have submitted online shall be deemed an original for all purposes.