Marathon Productions, Inc.
4000 West Alameda Ave., Third Floor
Attn: Business/Legal Affairs Department
PROGRAM: “AMERICA’S GOT TALENT” Season 8
Ladies and Gentlemen,
In full and complete consideration of Producer possibly including me in an episode(s) of the television series currently entitled “America’s Got Talent” (the “Program”), and without any further consideration due from Producer or any third-party to me, and with the understanding that Producer, in Producer’s sole discretion may choose whether or not to air or include me in the Program, I hereby agree as follows:
I grant to you and your successors, licensees and assigns, the irrevocable right (but not the obligation) to film, tape and/or photograph, record, exhibit, edit and otherwise use my name, likeness, voice, conversation, sounds and biographical data on or in connection with the Program in any manner in your sole election and sole discretion. I agree that you are the sole owner of all the results and proceeds of such film, tape and/or photography and recording and my appearance thereon, with the right for yourselves and your successors, assigns, and licensees, forever and throughout the universe, to use the same and any portion thereof of my name, voice, likeness, and biographical material and editorial comments concerning me, in any and all media, whether now known or hereafter devised, including, without limitation, motion pictures, television and publishing, and in connection with the advertising, sale, promotion, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the Program or any part thereof. You shall also have the unrestricted right to edit the content and text of the Program in any manner or form.
I recognize that Producer are relying on my representations herein and that a breach by me hereunder would cause
Producer irrevocable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law and, therefore, I hereby expressly agree that Producer shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of this agreement by me.
I hereby release, discharge and hold harmless Producer, Producer’s parent, assignees, licensees, agents, and affiliates, partners, NBCUniversal Media, LLC, the NBCUniversal Television Group, Simco Limited trading as Syco Television and/or Syco
Music, Syco Entertainment Inc, Sony Music Entertainment, all television broadcasting stations, sponsors, advertising agencies, all venues and location used in connection with the Program, and any and all others connected with the Program and each of their related parent companies, subsidiaries and/or affiliated companies, partners and the officers, directors, employees, agents and representatives of each of the foregoing (collectively, the “Released Parties”), of and from any and all claims, demands, or causes of action that I may have, including without limitation, claims based upon defamation or invasion of privacy, or any other matter arising out of or in any manner connected with my participation in the Program or the use and exercise of the rights granted to you herein.
I acknowledge that there is a possibility that after my execution of this Agreement, I will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed and which, if known by me at that time, may have materially affected my decision to execute this Agreement. I acknowledge and agree that by reason of this Agreement, and the release contained in the preceding paragraph, I am assuming any risk of such unknown facts and such unknown and unsuspected claims. I have