Waiver & Release Form
The undersigned (“Participant”) has voluntarily agreed to participate in the filming of content (the “Content”) produced by SMAC Entertainment, LLC (“Producer”). Participation in the Content involves inherent risks and dangers including but not limited to, accidents, personal and bodily injury (including death) and property loss or damage (collectively, "Risks"). These Risks may result from Participant’s own actions or inactions, as well as the actions or inactions of others, the foods or beverages Participant may eat or drink as part of the Content, and/or the conditions of the facilities and/or equipment thereon or therein. Further, there may be other risks not known to Participant and not reasonably foreseeable at this time, including, but not limited to, risks that could create medical conditions, trigger any preexisting medical condition(s) and/or further impair any pre-existing medical condition(s) for Participant and/or others. Notwithstanding such unknown and unforeseeable risks, Participant has considered the nature and extent of the risks involved and still voluntarily chooses to assume all such Risks, both known and unknown, even those risks that result from negligence, reckless disregard, intentional misconduct or gross negligence of the “Released Parties” (as that term is defined below) or others and Participant assumes full responsibility for participation in the Content. Participant agrees that Participant is participating in the Content without any promise of compensation or any understanding that participation is being required by Producer. Participant consents to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, Participant requires medical care.
Participant hereby consents to the filming, photographing and recording of Participant’s appearance, name, voice, sounds, image, likeness and Contributions (as defined below) in connection with the Content, (collectively, “Materials”) and to the use, broadcast, distribution and other exploitation of said Materials or any part thereof, by Producer, or its successors, designees, assigns and licensees, in any manner (including, but not limited to any advertising and promotional use), throughout the universe in any and all media now known or hereafter devised, in perpetuity without any additional compensation to Participant.
In consideration for the opportunity to participate in the Content, Participant assumes any and all risks and responsibilities, known and unknown for any injuries and releases the Producer and its respective employees, agents, representatives, production partners, media partners, brand partners, successors, contractors, designees, assigns and licensees (the “Released Parties”) from any and all Risks or actual or potential, known or unknown, suspected or unsuspected claims, causes of action, liabilities and damages (“Claims”) based upon or arising out any injury that may occur due to Participant’s participation in the Content, regardless of whether caused by the negligence, reckless disregard, intentional misconduct or gross negligence of the Released Parties. Furthermore, Participant hereby forever releases and discharges the Released Parties from any Claims relating to any use of Participant’s name, voice, image, likeness, or appearance in accordance with this Release, including, without limitation, any and all claims that Participant has or may have for defamation, invasion of privacy or violation of the right of publicity or notoriety. In addition, Participant waives any right to enjoin the distribution, broadcast, exploitation or exhibition of the Materials produced hereunder, or to obtain any other form of equitable or injunctive relief.
PARTICIPANT HEREBY SPECIFICALLY WAIVES THE PROVISIONS OF ANY LAW OR REGULATION WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE PARTICIPANT DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE.
Participant acknowledges and agrees that, as between Participant and Producer, Producer is the sole owner of any and all rights in and to the Content, including with respect to all materials or other contributions provided by Participant to Producer in connection with the Content (“Contributions”). In furtherance of the foregoing, Participant agrees that the Contributions are “works-made-for-hire” as that term is understood under the U.S. Copyright Act. To the extent such Contributions are not deemed works-made-for-hire, Participant hereby assigns any and all rights in the Contributions to Producer. Producer shall have the unrestricted right to freely assign or license its rights, title and ownership interest in and to the Content and Contributions.
This Release, the Content and/or the Contributions may be assigned by Producer, in whole or in part, and any or all of its rights hereunder to any person, firm or corporation. This Release shall inure to the benefit of Producer and its successors and assigns. This Release, which shall be governed by the laws of the State of New York applicable to agreements wholly executed and performed within such state, constitutes the entire agreement and understanding between the parties in connection with the above matters and supersedes all prior agreements whether written or oral in connection therewith and may not be modified or amended except by written instrument executed by Participant and Producer. The illegality, invalidity or unenforceability of any provision of this Release shall in no way affect the validity or enforceability of any of the remainder of this Release, which shall be enforced to the maximum extent permitted by law.