BARACK OBAMA FOUNDATION SUBMISSION TERMS:
I have submitted certain comments, statements, stories, photographs, video, audio and/or other recordings or media (the “Submissions”) to the Barack Obama Foundation (the “Foundation”). I grant the Foundation a perpetual, irrevocable, worldwide, sublicensable, royalty free license to publish, reproduce, distribute, publicly perform, publicly display, edit, modify, create derivative works of and otherwise use the Submissions in any manner or media and for any purpose whatsoever at the sole discretion of the Foundation, including without limitation any advertising or commercial use of any kind. I further give my permission to the Foundation to use my name, likeness, voice, and biographical information in connection with such Submissions and release the Foundation and anyone acting under its authorization from any claims that any use of the Submissions as authorized herein violates any of my rights, including any rights of publicity or privacy. I understand and agree that all rights granted herein are fully sublicensable and assignable.
I represent and warrant that I have all rights necessary to grant the foregoing rights and permission and that no infringement or violation of any third party rights, including copyright, right of publicity, or right of privacy, will result from the use of the Submissions. I agree to defend, indemnify and hold the Foundation, and any other persons affiliated therewith, harmless from and against any liabilities, losses, claims, demands, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with the use of the Submissions or of my name, likeness, voice, or persona, or from the breach or alleged breach of any of the foregoing representations or warranties.
I understand that I will not be entitled to any compensation for the rights and release granted herein or for any use of the Submissions and that the Foundation shall have no obligation to make any use of the Submissions. I further understand and agree that the Foundation will act in reliance on this agreement and that therefore it will be irrevocable.
CONSENT AND RELEASE (“Release”)
For good and valuable consideration, the receipt and sufficiency of which I (“Participant”) hereby acknowledge, Participant irrevocably grants to The Barack Obama Foundation, together with its representatives, agents, designees, licensees, successors, and assigns (collectively, the “Foundation”) (i) the right to film, record, and photograph Participant, and use Participant’s name, picture, photograph, silhouette and other reproductions of Participant’s physical likeness and sound as part of an audio, visual, and/or audiovisual work (the “Program”); and (ii) the unlimited and perpetual right and permission to use, copy, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise exploit Participant’s name, image, signature, photography, likeness, voice, performance, statements, opinions, quotes, and biographical information, and any material based thereon or derived therefrom (collectively, the “Likeness”) and all film, video, recordings, photography, screen grab stills, unlimited edits, cut-downs, versions, tags, and revisions embodying the Likeness, in any manner or media whatsoever (whether now known or hereafter devised), anywhere in the world, in perpetuity, for any and all purposes including, without limitation, distributing, exploiting, advertising, marketing, promoting and publicizing the Program (or any part thereof) and in connection with all subsidiary and ancillary rights relating to the Program. Participant hereby acknowledges and agrees that the Foundation is and shall be the sole owner of all rights in and to the Program and all elements thereof, including the photography and recordings of Participant’s name, voice and likeness and Participant’s performance and participation shall constitute a “work for hire” pursuant to the United States Copyright Act of 1976. To the extent not considered a “work for hire”, Participant shall and hereby does assign all of Participant’s right, title and interest in such performance to the Foundation. Participant hereby waives any rights of droit moral or similar rights Participant may have with respect to the Program, the materials produced or provided hereunder and any use of the rights granted by Participant hereunder. Participant has the full and exclusive right and authority to grant the rights granted hereunder and agrees that this Release does not in any way conflict with any existing commitment of Participant and that the exercise of such rights by the Foundation shall not violate or infringe any rights of any third party.
Participant agrees that the Foundation has no obligation to use the recordings or any materials used in the creation of the Program including, without limitation, the Likeness, or to create, produce, advertise, or promote the Program, or to exercise any rights given by this Release. Participant acknowledges and agrees that Participant has no right to review or approve the materials or recordings before they are used by the Foundation or at any other time, and that the Foundation has no liability to Participant for any use, editing or alteration of the work, the recording, or the materials, or for any distortion or other effects resulting from the Foundation’s editing, alteration, or use of the work, the recording, or the materials, or the Foundation’s presentation of Participant. Any acknowledgment or credit accorded to Participant in connection with the Program, if any, shall be determined by the Foundation in the Foundation’s sole discretion.
To the fullest extent permitted by applicable law, Participant hereby irrevocably waives 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, libel, defamation, invasion of any rights of privacy, violation of rights of publicity, 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 Foundation’s exercise of their rights under this Release or the production, exhibition, advertising, promotion, exploitation, or other use of the Program or any elements thereof, and whether resulting in whole or in part by the negligence of the Foundation or any other person, agree not to make or bring any such Claim against the Foundation and its agents, employees, and representatives, and forever release and discharge the Foundation from liability under such Claims. Participant understands that the Foundation is relying on this Release and will incur significant expense in reliance on this Release, and Participant agrees that this Release cannot be terminated, rescinded, or modified, in whole or in part. Participant waives any and all rights to injunctive and other equitable relief in the event of a dispute with the Foundation. Participant will not have the right to enjoin or interfere with the production, distribution, exploitation, advertising, or promotion of the Program or any element thereof.
Participant represents and warrants to the Foundation that Participant has full right, power, and authority to enter into this Release and grant the rights hereunder. Participant further represents and warrants to the Foundation that Participant will provide only true and correct statements and other information in connection with the Program and that Participant’s participation in the Program, and the Foundation’s use of the recording and the materials and the rights and license granted hereunder, do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with, or violate any contract or agreement with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required. Participant acknowledges that the Foundation is not a signatory to any guild, union, or other collective bargaining agreement nor shall it be required to become a signatory to any guild, union or other collective bargaining agreement in connection with this Release. Participant agrees to defend, indemnify, and hold harmless the Foundation from and against all Claims by third parties resulting from Participant’s breach or alleged breach of this Release or any of the foregoing representations and warranties.
This Release constitutes the sole and entire agreement of the parties to this Release regarding the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. Participant has not relied on any statement, representation, warranty, or agreement of the Foundation or of any other person on the Foundation’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Release. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. The Foundation may assign this Release and its rights and obligations hereunder, in whole or in part, to any party. This Release shall be binding on and shall inure to Participant’s benefit and the benefit of the Foundation and the parties’ respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Release 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). Participant agrees that nothing contained in this Release shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties.
THIS RELEASE PROVIDES THE FOUNDATION WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING THE FOUNDATION TO PUBLICIZE AND COMMERCIALLY EXPLOIT PARTICIPANT’S NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY SIGNING, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT PARTICIPANT IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SUE THE FOUNDATION.