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LICENSE, RELEASE AND WAIVER AGREEMENT
This License, Release and Waiver Agreement ("Agreement") sets forth the rights and obligations of the undersigned (I, me, my) with respect to the photos of myself, my minor child, and other individuals, which is being submitted for inclusion in TLC Programming. The term "Material" as used herein shall mean any and all content as submitted in the Photo. For the purposes hereof, the name, actions, likeness (actual or simulated), sobriquet, appearance, biographical information, and/or any other information pertaining to me shall be referred to collectively as "Likeness".
1. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby irrevocably grant, set over and assign to Discovery Communications, LLC ("DCL") and its parents, affiliates, subsidiaries, licensees, successors and assigns (DCL and the foregoing entities referred to collectively herein as the "Assignees") the exclusive, full and complete right in perpetuity and throughout the universe to use, exploit and reproduce the Material, in whole or in part, and my Likeness in and connection with the program currently entitled "TLC Family Tree,"(the "Program") and any other programming (the Program and such other programming referred to collectively herein as the "Programming") and the promotion thereof, in all manner and media whatsoever, now known and hereinafter invented, including without limitation all forms of television, the Internet, home video/dvd, and mobile services, and in any products or services of any of the Assignees. I specifically waive all moral rights or "droits morals" that I may have in connection with the Assignees' use of the Material and/or my Likeness.
3. The Assignees shall have the unlimited right to cut, edit, add to, subtract and omit from, adapt, change, arrange, rearrange, or otherwise modify the Material and/or my Likeness including, without limitation, to combine the Material with any other material and to remove and/or replace images, sequences, and/or scenes, and to change the order thereof. I hereby waive any right of inspection or approval of the Material and/or my Likeness as used by the Assignees.
4. I hereby acknowledge and agree that: (i) None of the Assignees has any obligation to use any portion of the Material in any Programming or otherwise; (ii) none of the Assignees has any obligation to produce any Programming utilizing the Material and no entity has the obligation to broadcast or otherwise transmit or publish it, even if produced; (iii) I will not be paid any money for granting the Assignees any of the rights set forth in this agreement, for signing this agreement, or for any use(s) by any of the Assignees of the Material and/or my Likeness; and (iv) all decisions by DCL concerning the exploitation of any of the rights granted hereunder and any matter concerning or related to the Programming, including, without limitation, selection of the submissions to be used in the Program, is subject to DCL's sole discretion, final and not subject to challenge or appeal for any reason.
5. I hereby warrant and represent that, subject to the terms of this agreement: (i) I am over the age of 18; (ii) the Material is my original work and that I have secured any and all rights, releases and permissions necessary for Assignees' use of the Material and my Likeness hereunder, including without limitation those related to any people, places and/or graphics in the Material (collectively, Elements); (iii) no further permissions or fees are due for any of the Assignees' use of the Material, my Likeness or any portions thereof; and (iv) no Element of the Material will violate any law or regulation violate or infringe upon the rights of any third party.
6. I acknowledge that the Assignees will rely on this Agreement potentially at substantial cost to them, and hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder, whether now known or unknown, arising out of, resulting from, or by reason of, use of the Material and/or my Likeness and/or any portion of the foregoing in any the Program, any Programming or otherwise (including, without limitation, any claim based on any right to privacy and/or publicity, defamation, false light or infringement of copyright). I further agree to indemnify, defend and hold harmless the Assignees and each of them from any and all claims, damages, liabilities and/or expenses (including attorneys' fees) resulting from any of their use of the Material and/or my Likeness as permitted herein.
7. In no manner limiting the provisions of this Agreement, for the purpose of clarity I acknowledge that the Assignees may have in the past, in the present or future explore programs and ideas generated by employees or other outside sources that resemble the Material, and that it is not uncommon for more than one individual or company to originate substantially similar ideas, independently. I hereby waive any claims I may have against the Assignees or any of them for misappropriation of the Material and/or any portion or Element thereof.
8. I agree that in no event shall I be entitled to enjoin, restrain or seek to enjoin or restrain the distribution or other exploitation of any Programming and/or the Material, or the exploitation of my Likeness or any of the rights granted to the Assignees by this Agreement. I further agree that this Agreement may not be modified except by a writing signed by me and DCL. I further agree that this Agreement is governed by the laws of the State of Maryland and I hereby consent to the exclusive personal jurisdiction of the State of Maryland and any claim or action arising out of this agreement shall be brought and maintained in the courts of the State of Maryland.
9. I shall not, at any time, (a) give to any person any interview; (b) make or issue, either directly or indirectly, any public announcement, press release, or other publication, or (c) disclose any information, about this Agreement, the Program or any of the Assignees without DCL's prior written consent. This Agreement constitutes the entire understanding between me and DCL. The representations, warranties, and grant of rights herein shall survive the termination, execution, completion or expiration of this Agreement.
THANK YOU.
Please click on the button below to begin the submission process. Be sure to read the requirements for photo size and format. We accept most photo files, but here are a couple of guidelines.
Minimum image size: 1024 x 768 at 120 dpi.
Preferred file types are .jpg, .bmp, .tiff, .targa.
Watch TLC Monday through Friday from 2-4PM to see if your Family Tree makes it on TV!
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