For good and valuable consideration, receipt of which is hereby acknowledged, I authorize SUNKEN TREASURE PUBLISHING, LLC (“Producer” or “you”), and Producer’s parent, affiliates, subsidiaries, licensees, successors and assigns to make use of my appearance for the documentary motion picture, Book and/or web site tentatively entitled: “Orgasmic Birth” (the “Film”) and in connection with Producer or otherwise. I acknowledge and understand that the Film will include filming in connection with the potential birth of my child.
I agree that you may tape and photograph me, and record my voice, conversation and sounds, during and in connection with the birth of my child, including, without limitation, during labor, delivery and postpartum recovery, and in connection with conversations regarding my or my friends’ or family’s medical condition(s) or treatment(s), 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 Film or otherwise.
I further agree that you may 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 Film and/or otherwise and ancillary products in connection with the Film and in connection with Producer and/or its licensees/assignees or such licensee/assignee’s affiliated services, throughout the world in all media, an unlimited number of times in perpetuity. I represent 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 further represent and warrant to Producer that my physical and/or mental health are good and that I have neither knowledge nor notice of any condition or the symptoms thereof which might be aggravated or affected by my participation in the Film.
I hereby grant to you the non-exclusive right to use any photos or other material that I may supply to you (the “Licensed Material”), in whole or in part, in connection with the Film and the ancillary and subsidiary rights thereto or otherwise, including, without limitation, in any printed materials or on the Internet, in all manner and in all media worldwide, in perpetuity, as you shall determine in your sole discretion. Permission for use of the Licensed Material is granted only to the extent that I control rights in such Licensed Material. I make no representation of exclusive ownership of the Licensed Material and you shall be responsible for securing permission from third parties that may own such rights.
I hereby acknowledge that my participation in any childbirth footage for the Film may involve below-the-waist nudity. Such scenes will be filmed only in a tasteful and non-exploitative manner and within the context of the Film, which is an exploration of alternate birthing methods.
I hereby release Producer and any of Producer’s affiliated entities, officers, directors, employees, agents, representatives, contractors, assignees and licensees from all liability and obligations to me of any and all nature whatsoever arising out of or in connection with the exercise of the rights granted above, including, without limitation, from any liability for libel, defamation, violation of my rights of privacy, publicity, infringement of copyright or any other right and expense respecting this Release and the rights herein granted.
I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that you will rely on this permission potentially, at substantial cost to you and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.
I hereby acknowledge that Producer makes no representations or warranties of any kind with respect to any medical or other advice or information that I may receive in connection with my appearance in the Film, and that I have not relied on any such representations or warranties in agreeing to participate in the Film or execute this Appearance Release.
I hereby represent and warrant that upon the birth of my child, I am the legal guardian of my child and that I have the authority to authorize my child to appear in the Film. I acknowledge and agree that all of the terms of this release are fully applicable to my infant child, who may appear in this Film but is, of course, unable to sign this release and said child will be bound by all the provisions contained herein.
This is the entire agreement. No other authorization is necessary to enable Producer to use the rights granted herein for the purpose herein contemplated. If any provision of this Release is invalid or unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this Release, and the invalidity or unenforceability of any provision of this Release in any jurisdiction shall not affect the validity or enforceability of any such provision in any other jurisdiction.