LAST CUT PROJECT
CONSENT AND PERSONAL RELEASE
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE.
I, the undersigned, acknowledge that Last Cut, LLC, a California limited liability company (the “Company”), desires to use and publicize my photograph, voice, silhouette, and other reproductions of my physical likeness and sound, and other materials provided by me to the Company or created by or on behalf of the Company that incorporate the foregoing (collectively, the “Materials”), as part of a multi- media documentary project, which includes but is not limited to videos, blogs, podcasts, social media, digital outlets, literature, events, public outreach, etc., referred to as “Last Cut” (the “Project”), and for advertising, promotion, and other commercial and business purposes related to the Project, in the Company’s sole and absolute discretion. In exchange for the intangible value I will gain by participating in the Project and other good and valuable consideration, I give the Company my permission for such use and publicity for such purposes, pursuant to the terms and conditions set forth in this Consent and Personal Release (this “Agreement”). I hereby grant permission to the Company and its agents, affiliates, successors, assigns, and licensees, and the employees, officers, directors, and agents of each of them (each, an “Authorized Person” and, collectively, the “Authorized Persons”), to use, modify, publicly display, reproduce, add to, delete from the Materials in any media formats in connection with the Project without any royalty, payment, or other compensation to me. I further grant permission to the Authorized Persons for the unlimited distribution, advertising, promotion, exhibition, and use of the Materials by any method or device now known or hereafter devised in which the same may be used and/or incorporated, on a perpetual basis throughout the world, including, but not limited to, for purposes of advertising, public relations, publicity, and packaging and promotion of the Project, the Company, and its affiliates, without any further consent from or royalty, payment, or other compensation to me. I acknowledge and agree that I have no right to review or approve Materials before they are used by the Company or any other Authorized Person, and that neither the Company nor any other Authorized Person have liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from the Company’s editing, alteration, or use of the Materials. The Company has no obligation to use the Materials or to exercise any rights given by this Agreement. To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including, but not limited to, claims for copyright or trademark infringement, infringement of moral rights, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury or distress or any similar claim or cause of action in tort, contract or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Company’s or any other Authorized Person’s exercise of their rights under this Agreement and the use of the Materials, and whether resulting in whole or in part by the negligence of the Company or any other person, and agree and covenant not to make or bring any such Claim against the Company or any other Authorized Person and forever release and discharge the Company and all other Authorized Persons from liability under such Claims. I hereby confirm that the foregoing release is intended to be a general release of such claims, and in furtherance thereof hereby waive all rights, if any, that I may have under Section 1542 of the California Civil Code, which reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” I represent and warrant that: (i) I own the Materials or otherwise have the right to grant a license in the Materials; (ii) the use of the Materials does not violate privacy rights, publicity rights, copyrights, other intellectual property rights or any other rights of any person; and (ii) the Authorized Persons’ use of the Materials and the rights and license granted hereunder do not, and will not, violate any right of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from any third party is required in connection herewith. This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. I acknowledge that I have read this Agreement and have had the opportunity to review it with an attorney of my respective choice, and I knowingly agree to all of its terms. Upon the request of the Company, I will make, execute, and deliver such documents and instruments, and take such other actions, as may be reasonably necessary to carry into effect the terms described above. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Agreement shall be brought only in the federal and state courts located in or serving Los Angeles, California, and the parties hereby consent to the exclusive jurisdiction of such courts. THIS AGREEMENT PROVIDES THE COMPANY WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING THE COMPANY AND OTHER AUTHORIZED PERSONS TO PUBLICIZE AND USE YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND INFORMATION AS SET OUT ABOVE. BY CLICKING “I AGREE” BELOW, YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY AND OTHER PERSONS.