This Personal Appearance/Participant Release (“Release”) is made to allow TouchTunes Music Company, LLC (“Company”) and its parents, affiliates, subsidiaries, licensees, successors and assigns (collectively, “You”/“Your”) to include “Me”/“I”/“My,” the below-named individual, as a guest/participant in the 2024 – 2025 BullShooter Regional Tour (the “Program”), anticipated for exhibition by You, to make use of My appearance as set forth herein.
I am voluntarily giving this Release in consideration for You allowing me to participate and appear in the Program and I recognize that my signature on this Release is a condition thereof. I agree that You (including, without limitation, event and Program sponsors, advertisers, contractors, and marketing partners) may tape, photograph, and record Me and record My voice, conversation, and sounds, and any and all other activity and results thereof for use in connection with the Program and as permitted herein (“Participation”).
I hereby irrevocably agree that You may use and authorize others to use all or any part of My voice, name, image, likeness (including any still photographs), biographical or personal information, statements and/or any other material that may have been provided to You (collectively, “Likeness”). I further acknowledge and irrevocably agree that You may edit My Participation and/or Likeness in Your sole discretion; incorporate same into the Program, other sponsored or unsponsored program(s) and/or other materials set forth herein; and use or authorize the use of My Participation and/or Likeness in the Program, and for the production, exhibition, advertising, publicity, promotional and commercial tie-in purposes, exploitation and/or use in connection with the Program (or any portion thereof), other program(s), and/or any other works based upon the Program, all allied ancillary and subsidiary rights therein and thereto, as well as in or in connection with promotional materials, programming services and/or activities and those of Your affiliates and assigns, and for institutional purposes of the media industry generally, in all media (now known or hereafter devised) throughout the universe in perpetuity, in whatever manner and/or medium distributed. I agree that Company shall be the exclusive owner of all rights, title, and interest (e.g., copyright, droit moral, etc.) in and to the Program, My Participation, and My Likeness to the extent included therein, and any excerpts therefrom, and Company shall have the exclusive, perpetual right to use, and license or otherwise authorize others to use them, an unlimited number of times in any manner Company wishes, and in all media now known or hereafter devised, throughout the universe in perpetuity, in whatever manner and/or medium distributed. I agree that I will not receive financial compensation of any type in and to the Program, My Participation, and My Likeness.
I agree that My participation in the Program is entirely at My own risk and I accept full responsibility for My decision to participate in the Program. I accept and agree that I have no claim to financial compensation, no claim to royalties, no claim to ownership, and no right of inspection or approval of the Program, My Participation and/or Likeness or any use thereof and waive all such rights. In no event shall I have the right to enjoin, restrain or interfere with the development, production, distribution, exhibition and/or use of the Program, My Participation, and/or Likeness and/or to seek any injunctive or equitable relief.
I understand that Company shall have no obligation to produce, use or exhibit the Program, My Participation and/or Likeness. All aspects of the publicity and promotion for the Program shall be at Your sole discretion.
I hereby represent that: (i) I am at least 18 years of age (or if I am agreeing to this Release for a minor, I am either a parent with full legal rights relating to the minor, or I am the minor's legal guardian, and guarantee the performance of the minor hereunder and will indemnify and hold the Released Parties harmless as set forth above); (ii) I am under no physical, mental or legal disability that would prevent Me from freely and lawfully entering into this Release; (iii) if I am executing this Release as the agent of the person named below, I am authorized to sign on behalf of such person and both such person and I will be bound by this Release; and (iv) I have read this Release prior to signing it and understand its contents. I warrant and confirm that My Participation and the content of My contribution (including information that I am providing on this Release) shall be true, valid and accurate, and shall not contain anything that will violate or infringe upon the rights of any third party.
I acknowledge that You will rely on this Release at substantial cost to You and therefore, this Release is irrevocable. I recognize that Company is relying on My representations and warranties and the rights granted in this Release, and My breach thereof would cause Company irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law; therefore, I hereby expressly agree that Company shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of this Release by Me. I waive the right to revoke this Release, and any right to injunctive or other equitable relief, which I may have in connection with this Release. I voluntarily agree not to assert any action against and hereby irrevocably and unconditionally release, waive, hold harmless and forever discharge You and Company and the past, present and future parents, subsidiaries, affiliates, divisions, agents, third-parties, representatives, employees, successors, and assigns of each of You and Company, jointly and individually, and all entities and persons associated with the Program (collectively, “Releasees”) from and against any and all manner of liabilities, claims, and demands of any kind or nature whatsoever (including, but not limited to, any claims for defamation, violation of rights of privacy and/or publicity, negligence, intentional infliction of emotional distress, personal injury, property damage and wrongful death), in law or equity, whether known or unknown, which I (or my heirs, assigns, agents, and/or representatives) ever had or may now or hereafter have against the Releasees, including but not limited to claims arising out of or relating to this Release, the Program, My Participation, Likeness, any uses permitted herein, and/or My decision to participate hereunder.
I further agree that I shall be liable for any attorneys’ fees and costs incurred by You and/or any of the Releasees in connection with any claim or action brought in violation of this Release. I hereby agree to indemnify, defend, and hold harmless the Releasees from and against any and all damages and costs, including reasonable attorneys’ fees, arising out of or related to the breach or alleged breach by Me of the representations, warranties, or obligations made herein
This Release contains the entire understanding and agreement between You and Me, supersedes all prior and contemporaneous understandings and agreements (whether oral or written) with respect to the subject matter herein, and may not be altered or amended except in writing signed by both parties.
Company may transfer and assign this Release or all or any of its rights or privileges to any party without restriction. This Release shall be binding upon and inure to the benefit of Your and My respective heirs, successors, and/or representatives.
In signing this Release, I am not relying on any promises, representations, or statements made by anyone that are not contained in this Release. I agree that any dispute, claim or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof shall be construed and enforced under the laws of the State of New York, without regard for its choice of law principles. Each party submits to the exclusive jurisdiction of the state and federal courts located in New York, New York for any dispute arising out of or based on this Agreement, and waives any objection based on venue, personal jurisdiction, or forum non conveniens with respect to any action instituted in such courts.
Facsimile, digital, copied, electronic and emailed signature to this Release shall be deemed originals for all purposes, and I waive any objection to such treatment.
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