On-Camera Release
Impractical Jokers · truTV
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This release ("Release") is made by and on behalf of the Participant with respect to Participant's participation in a program and/or programs titled "Impractical Jokers" (collectively, the "Production") being produced by NorthSouth Productions LLC and its affiliated entities, employers of record and payroll providers ("Producer") for Courtroom Television Network LLC d/b/a truTV, and its affiliated and related companies (collectively, "truTV").
1. For good and valuable consideration (including, without limitation, the effort and expense incurred by Producer and/or truTV procuring the Recordings (defined below) and otherwise producing the Production and considering the use of such Recordings in the Production), the receipt and sufficiency of which are hereby acknowledged, Participant irrevocably grants Producer the perpetual, worldwide right to make and use visual and/or audio recordings and still images of Participant, whether recorded prior or subsequent to the execution hereof, with or without Participant's knowledge (collectively, the "Recordings") and to make and use the Recordings and Participant's name, pseudonym, voice, likeness, and biographical information ("Participant's Likeness") as included in the Recordings and/or otherwise obtained by Producer, in and in connection with the Production, and any version thereof or as part of any other production, as Producer may determine in its sole discretion. Participant understands and acknowledges that the recordings may be or have been obtained by Producer through the use of a hidden camera. Participant hereby gives consent to the use of the recordings as set forth herein. Participant authorizes Producer to incorporate and license others to incorporate any part or all of the Recordings and/or Participant's Likeness in the Production and in any other production. Participant grants Producer the right to use the Recordings and/or Participant's Likeness for the purpose of advertising, publicizing and promoting the Production or any version thereof and ancillary products (e.g., merchandise) in connection with (i) the Production and/or any other production in which the Recordings and/or Participant's Likeness is incorporated and/or (ii) the broadcasters, exhibitors (including, but not limited to, institutional promotion of truTV and any duly authorized licensees) and sponsors of any of the foregoing in any manner whatsoever, including, but not limited to, product integration, commercial tie-ins, and implied endorsements. Without limiting the generality of the foregoing, Participant agrees that the rights granted hereunder shall include the perpetual, worldwide right of Producer to broadcast, telecast, cablecast, rerun, 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 Production or any version thereof or any other production in which the Recordings and/or Participant's Likeness is incorporated, in whole or in part, without any compensation to Participant. Participant waives any right of inspection or approval of the Recordings and/or Participant's Likeness or the uses to which the Recordings may be put. Producer and truTV have the unlimited right to cut, edit, add to, subtract and omit from, adapt, change, arrange, rearrange, or otherwise modify the Recordings and Participant's Likeness therein including, without limitation, to double Participant or to freely "dub" or subtitle the Recordings into foreign languages and dialects. Producer shall be under no obligation to actually use the Recordings and/or Participant's Likeness in any manner. Participant acknowledges that Participant's participation and appearance hereunder and any other services rendered in connection with the Production are not subject to the terms of any collective bargaining agreement.
2. Participant will maintain the secrecy and confidentiality of any information that Participant learns through participation hereunder and Participant will not at any time issue, authorize or participate in any news story, magazine article or other publicity or information of any kind relating to the Production, Producer and/or truTV and their respective parents, subsidiaries, licensees and assignees or any of their respective related or affiliated entities or disclose any confidential information, including without limitation the terms of this Release, without truTV's prior written consent in each case. Additionally, Participant shall have no right to use the names, trademark, logos, or trade names of Producer, truTV, or their respective parents, subsidiaries, licensees, assignees or any of their respective related or affiliated entities, or the names or logos related to the Production for any purpose whatsoever, including but not limited to, publicity, public relations, merchandising or self-promotion purposes without the prior written consent of truTV. The provisions of this paragraph shall survive any termination of this Release and/or Participant's participation in the Production.
3. In the event of breach by Producer, Participant acknowledges and agrees that the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle Participant to injunctive or other equitable relief; Participant's remedy in such case being strictly limited to the right to recover damages, if any, in an action at law. Participant understands that Producer is expending monies in reliance on this Release and that this Release is irrevocable. Given the unique nature of the Production and the commercial realities of the entertainment industry, which rely upon confidentiality and intellectual property rights, Participant acknowledges that any actual or anticipatory breach of Participant's publicity or confidentiality obligations hereunder would cause Producer irreparable injury and damage that cannot be adequately compensated by money. Therefore, Participant agrees that Producer and truTV shall be entitled to seek and obtain injunctive and other equitable relief from any court of competent jurisdiction for any such breach or infringement.
4. Participant understands and agrees that it may be a federal offense, unless disclosed to Producer prior to exhibition, if any, to do any of the following: (i) give or agree to give to any member of the production staff and anyone associated with the Production or any representative of Producer anything of value to arrange for Participant's appearance in the Production; or (ii) 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. Participant represents and warrants that Participant gave nothing of value nor did Participant agree to give anything of value to anyone so Participant could be in the Program. Participant knows that Producer does not permit it and that it may be a federal offense not to tell Producer if Participant had. Participant shall notify Producer immediately if any person attempts or has attempted to induce Participant to do anything in violation of the foregoing or which is in any way dishonest.
5. Participant represents that Participant is in excellent mental and physical health, and that Participant knows of no reason why Participant should not participate in the Production. Participant represents that Participant has no physical infirmity and Participant is not under treatment for any chronic physical or mental infirmity, ailment or injury.
6. Participant acknowledges that participation in the Production may involve risk of bodily injury, death and/or damage to or loss of property, and Participant expressly assumes all risk and danger and all hazards arising from, or related in any way to, Participant's participation in the Production, however caused and whether by negligence or otherwise. Participant hereby agrees on behalf of Participant and Participant's heirs, next of kin, representatives, successors and assigns (collectively, the "Releasing Parties") that Participant and the other Releasing Parties do hereby unconditionally and irrevocably release and discharge Producer, truTV, and their respective parents, subsidiaries and affiliated entities and each of their respective employees, directors, shareholders, officers, agents, sponsors, successors and assigns (collectively, the "Released Parties") from any and all past, present and future claims, demands, damages, judgments or liability of any kind directly or indirectly related to or arising out of the Production and Participant's voluntary participation in the Production, including but not limited to claims for any personal injury, property damage, libel, slander, defamation, infringement of right of publicity, invasion of privacy, false association or false endorsement, whether or not caused by any negligence or act or omission of the Released Parties.
7. I hereby represent and warrant that I am the sole and exclusive owner of the copyright in and to any tattoos and/or any other body art ("Body Art") appearing on my body and that I have the right to exhibit, publicize, and otherwise utilize and exploit any such Body Art in perpetuity now or hereafter known at any time throughout the world by any and all means and methods. I agree that you may tape and photograph any such Body Art in connection with my appearance and that you shall be the exclusive owner of the results and proceeds of such taping, photography and recording with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction thereof in connection with the Program or otherwise. I further represent and warrant that Producer and TruTV need no other party's authorization or permission to be able to film, exhibit, or otherwise use my Body Art, and I shall defend, indemnify, and hold harmless Producer and/or TruTV, their successors and assigns from and against any losses, damages, costs, charges, reasonable attorneys' fees, recoveries, actions, judgments, penalties, expenses and other loss whatsoever which may be obtained against, imposed upon or suffered by Producer or TruTV, their successors and assigns, arising out of or relating to the breach of the warranties or representations made by me in this paragraph.
8. The rights granted in this Release shall inure to the benefit of Producer, its licensees, successors, and assigns, including but not limited to truTV. This Release constitutes the entire agreement and understanding between the parties regarding the subject matter hereof, and cancels and supersedes all prior or contemporaneous agreements, communications and understandings (whether written or oral) between the parties relating to the subject matter hereof. Participant confirms that Participant has read and fully understands this document, and has not signed it in reliance on any statement, opinion or representation by Producer, truTV or anyone acting on their behalf or otherwise. This Release shall in all respects be governed by, and construed in accordance with, the laws of the State of New York.
For verification per 18 U.S.C. § 2256
NorthSouth Productions LLC · 75 Broad Street, 15th Floor · New York, NY 10004