In consideration of 24Six considering including me as a contestant in its talent show (the “Talent Show”) to appear on the 24Six streaming platform, and with the understanding that 24Six, in its sole discretion may choose whether or not to air or include me in the Talent Show, I hereby agree as follows:
I irrevocably grant to 24Six and its designees, successors, licensees and assigns, the right and license, but not the obligation, to film, tape, photograph, and make video and sound recordings of me (collectively, “Recordings”) and to broadcast, exhibit and otherwise use the Recordings, my appearance, name, likeness, voice, singing voice, conversation, sounds, biographical data, and any photographs, videotapes, audio recordings or other materials provided by me on or in connection with the Talent Show in any manner in 24Six’s sole election and sole discretion, which use shall not entitle me to receive any compensation whatsoever. I agree that 24Six is the sole owner of all the results and proceeds of the Recordings and my appearance thereon, which shall be considered “works-made-for-hire” under U.S. copyright law, with the right for 24Six and its successors, assigns, and licensees, forever and throughout the universe, to use the same and any portion thereof in any and all media, whether now known or hereafter devised, including, without limitation, online platforms, and publishing, for any commercial and non- commercial purposes, including without limitation, the advertising, sale, promotion, publicity, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the Talent Show or any part thereof (including but not limited to the promotion of third party sponsors) or in any manner whatsoever. If any of such Recordings are not deemed “works-made-for-hire,” I hereby irrevocably assign to 24Six the entire copyright and all other rights in and to such Recordings (and where any such Recordings are not in existence at the date hereof, by way of present assignment of future copyright), throughout the universe for the full period of copyright and all renewals and extensions thereof, and thereafter for the maximum period permitted by law. 24Six shall also have the unrestricted right to edit, alter, cut, rearrange, adapt, dub, or otherwise revise or modify the Recordings in any manner or form and I waive any rights I may have with respect to the Recordings.
I further grant 24Six and its designees the right to use and license others to use my name, voice, image, likeness and biographical information in and in connection with the Recordings, whether as part of the Talent Show or otherwise, or in connection with advertising, programming and publicity materials for the Talent Show and for 24Six (including, without limitation, commercial tie-ins) and/or 24Six, and/or any platform authorized by 24Six to air the Talent Show, their respective related entities or affiliates, sponsors of the Talent Show, and for the business purposes of 24Six and/or its affiliated entities, now known or hereafter devised, in perpetuity.
I acknowledge and agree that 24Six may use my appearance, image and likeness and/or portrayal in and in connection with the Talent Show, as edited by 24Six in its sole discretion, and in any and all other manner whatsoever in any and all media now known or hereafter devised, or for any other purpose, throughout the universe in perpetuity, including without limitation, in all forms of promotion and publicity for the Talent Show.
In the event I perform or display any original material on the Talent Show written or otherwise controlled by me (for example, music, choreography, photography, lyrics, art, creations etc., collectively called the “Material”), I hereby grant to 24Six and 24Six’s designees, without charge, a non-exclusive, irrevocable license to perform and/or display the Material in and in connection with the Talent Show and in promotion and publicity therefor, and the rights required to exploit the Talent Show and the ancillary rights therein, inclusive of the Material, including without limitation, a direct public performance license, in any and all media now known or hereafter devised, and for any other purpose, throughout the universe in perpetuity.
I understand and agree that my participation in the Talent Show does not qualify me as a contestant on the Talent Show and that my participation does not constitute an audition. I agree that my appearance on the Talent Show is within 24Six’s sole discretion and that 24Six is not obligated to include me in the Talent Show.
I expressly consent and agree to accept the representations of 24Six with respect to the determination of the winner(s) of the Talent Show and waive any and all rights to information concerning the method, manner and records of the voting or the process by which the result of the Talent Show are determined. I shall have no right to demand, and 24Six shall have no obligation to reveal any information concerning the process by which the results of the Talent Show are determined.
I do hereby expressly agree that if content that I submitted is included in the Talent Show, then from the date that such content is made available by 24Six and continuing for a period of three (3) years thereafter, 24Six shall be entitled to, and I shall pay to 24Six, twenty percent (20%) of all gross revenue generated by any Material or any music, art or similar activities of mine, regardless of whether such content was submitted to 24Six. I recognize and agree that publicizing the Material by 24Six will play a significant role in increasing my exposure and that 24Six is therefore entitled to share in my future earnings as set forth herein. The sharing of future revenue as set forth in the paragraph is fair and reasonable and equitable in light of the exposure that the Talent Show will provide me.
I hereby release, discharge and hold harmless 24Six, its assignees, licensees, agents, and affiliates, any Talent Show sponsors, all television broadcasting stations, sponsors and advertising agencies, all venues and locations used in connection with the Talent Show, and any and all others connected with the Talent Show and each of their related parent companies, subsidiaries and/or affiliated companies, licensees, sponsors, exhibitors, successors, assigns, and partners and the officers, directors, employees, agents and representatives of each of the foregoing (collectively, the “Released Parties”), from any and all liability or claims, demands, or causes of action that I may have, including without limitation, claims based upon defamation or invasion of privacy, or any other matter arising out of or in any manner connected with my participation and/or appearance in and in the Talent Show and/or the use and exercise of any rights granted by me herein.
Both 24Six and I acknowledge, understand and agree that if any dispute, controversy or claim arising out of or relating to my potential appearance on or participation in and in connection with the Talent Show and/or this Agreement cannot be settled through direct discussions, the parties agree to resolve the matter through binding arbitration in Bais Din. If the parties cannot agree on a Bais Din, then the parties shall engage in the process known as “Zabla” whereby each party designates one rabbinical court judge and those judges jointly designate a third judge. The decision of the arbitrators shall be final and conclusive on the parties and shall be a bar to any suit, action or proceeding instituted in any federal, state or local court or before any administrative tribunal.
I represent and warrant that I am not currently a professional artist and am not party to any agreement with any third-party, manager, agent or agency with respect to music, artistic talent or the Material.
I represent and warrant that I am at least 18 years of age and have the full, complete and unrestricted right and authority to enter into this Agreement. If I am not at least 18 years of age, I agree to have my parent or legal guardian sign the acknowledgement at the end of this Agreement. I agree that my appearance on the Talent Show, if any, shall not be deemed to be a performance and is not employment under any collective bargaining agreement or performing arts guild (including but not limited to SAG-AFTRA) and does not entitle me to wages, salary, residuals, corporate or other benefits (as for example, pension, health and welfare benefits) or other compensation under any such collective bargaining agreement or otherwise.
I am not a candidate for public office.
I represent and warrant that all information I am providing to 24Six on this Agreement is valid, true and accurate, and that I have (or will concurrently provide) to 24Six full and accurate information for 24Six’s record-keeping purposes.
I recognize that 24Six is relying on my representations and that a breach by me hereunder would cause 24Six irrevocable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law and, therefore, I hereby expressly agree that 24Six shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of this Agreement by me.
This is the complete and binding agreement between 24Six and me, and it supersedes all prior understandings and/or communications, both oral and written, with respect to its subject matter. This Agreement may be freely assigned by 24Six. The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement, which shall be enforced to the maximum extent permitted by law. This Agreement cannot be terminated, rescinded or amended, except by a written agreement signed by both 24Six and me.
I hereby warrant that I am the parent and/or legal guardian of the participant, the individual who signed the foregoing agreement (the “Agreement”) (the “Minor”), that I have read and understand the nature and extent of all rights granted to 24Six by Minor, and fully consent, approve and agree to participation of Minor in and in connection with the Talent Show pursuant to the Agreement, that I have caused said individual to execute said Agreement, that I will not instruct, authorize or permit said individual to disaffirm the foregoing Agreement. I agree that I will be responsible for the conduct of said Minor at all times during said Minor’s participation in the Talent Show, if any. In addition, I agree to cooperate with 24Six in having this Agreement and any past or future agreements entered into by the Minor in connection with the Talent Show approved by the applicable tribunal and I hereby waive notice and any opportunity to appear and be heard in connection with any such proceedings.
Furthermore, in consideration of 24Six possibly including me and/or Minor in the Talent Show, I hereby agree to be bound by and to perform all of the terms and conditions of the foregoing Agreement, as such terms and conditions may relate to my participation and/or participation of the Minor in the Talent Show, if any including, but not limited to, the provision relating to payment of future royalties.