VEYL VENTURES LLC/DR. KELLYANN LLC GENERAL APPEARANCE RELEASE
Terms and Conditions
1. For good and valuable consideration, receipt of which is hereby acknowledged, I authorize VEYL VENTURES LLC and DR.KELLYANN LLC (“Producer”) and its respective parent, affiliates, subsidiaries, licensees, successors and assigns to make use of my appearance for the program tentatively entitled: “Dr. Kellyann/Sherri Shepherd” (“Program”) and in connection with Producer or otherwise.
2. I agree that Producer may tape and photograph me, and record my voice, opinions, conversation and sounds, including any performance of any musical composition(s), during and in connection with my appearance, and shall be the exclusive owner of the results and proceeds of such taping, any derivative works created from the Program, video, photography and recording (the “Materials”) 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, and in all media (now known or hereafter invented), all or any portion thereof or a reproduction thereof in connection with the Program or otherwise.
3. I further agree that Producer may create derivative works or use and license others to use my name, voice, likeness and any biographical material concerning me which I may provide in any and all media, and in the promotion, advertising, sale, publicizing and exploitation of the Program and/or otherwise, and ancillary products (e.g., merchandise or goods), in connection with the Program and in connection with Producer or Producer’s affiliated services, throughout the world in any manner, an unlimited number of times in perpetuity.
4. I represent and warrant that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my appearance will violate or infringe upon the rights of any third party. I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. For clarity, this Appearance Release (“Release”) represents my express waiver of any and all moral rights I may have in connection with my appearance.
5. I agree to participate in the Program at my own risk and acknowledge that Producer shall not be liable for any harm or injury, whether personal, to property or otherwise, which I may incur by participating in physical and other activities connected with the Program unless such harm or injury results from gross negligence directly caused by or on the part of Producer.
6. I hereby release Producer and their respective parents, affiliates, subsidiaries, licensees, successors and assigns (collectively, the “Releases”) from any and all liability, claims or expenses of any kind (collectively, “Claims”) arising from or in connection with my appearance and/or the Materials or Producer’s exploitation thereof, including without limitation any Claims based upon any alleged personal injury, death, property damage, defamation, invasion of privacy and/or infringement of any other proprietary and/or personal rights. I acknowledge that Producer will rely on this Release and all permissions granted herein, at substantial cost to Producer and therefore this Release is irrevocable. I hereby agree not to bring or assert any legal claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
7. I agree that my sole remedy in the event of any claim against the Producer shall be the recovery of damages and in no event shall I seek or be entitled to rescission, injunctive or other equitable relief. The termination of this Release, for any reason, shall not affect Producer’s rights in the results and proceeds of the taping, filming and photography. This paragraph shall survive the termination or the expiration of this Release.
8. I acknowledge and agree that (a) this is a non-union agreement and that my participation and appearance hereunder shall not be subject to the terms of any collective bargaining agreement and (b) Producer is not a signatory to any collective bargaining agreement covering my participation and appearance hereunder. Producer shall not have any obligation to actually produce the Program, or to utilize my name, voice, likeness, biographical information or the Materials to exercise the rights and permissions granted herein for purposes of the Program or otherwise.
9. All provisions hereof concerning my participation, the Materials, and the Program shall be kept strictly confidential by me and my representatives. Neither I nor my representatives shall issue any press releases or public statements about Producer, the Program, or my participation hereunder, without Producer’s prior written permission. Neither I nor my representatives shall use Producer’s or any of its affiliated companies’ name, logo, trademark or other proprietary mark in any manner without Producer’s prior written approval.
10. This is the entire agreement. This Release and the acknowledgements, representations, releases, permission and agreements made herein shall be irrevocable and binding upon me and my heirs, executors, successors, parents, guardians, licensees and representatives. Termination of this Release, for any reason, shall not affect Producer’s rights in the Materials. This paragraph shall survive the termination or the expiration of this Release. Producer may assign its rights in the Materials and/or Program, in whole or in part, to any individual or entity, without restriction.
11. In the event that I receive any goods, services, cash prizes, or other valuable consideration by reason of my participation in the Program, I understand that I am responsible for paying all applicable taxes that may be imposed thereon, and I release and indemnify the Producer from any liability therefor. I understand that the value of any such goods, services, or prizes may range from a nominal amount to $600.00 or greater. I further understand that I must submit to the Producer, a properly completed IRS Form W-9.