HGTV Digital Photography Release
DIGITAL PHOTOGRAPHY RELEASE
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant to DISCOVERY and its parents, subsidiaries, licensees, successors, designees, and assignees (collectively, “Network”) the right to use in and in connection with Network websites and social media platforms (“Network Content”) any of the materials listed below (which may include still photographs, video and/or film footage, paintings, pictures, slides, posters, letters, books, newspapers, statuary, art, exhibits, graphics, logos or any other objects) as well as any related names, trademarks, service marks, trade names, logos, copyrighted material and/or other materials that I have furnished to Network (collectively, the “Materials”):
I agree that Network shall have the right to use Materials in and around Network Content subject to your copyright in the Materials. Network shall own all rights, including copyright, in the Network Content. Network shall forever have the right to use, and license others to use, the Materials as incorporated in Network Content, in whole or in part, an unlimited number of times, in all languages, in any and all media (whether now known or hereafter devised) anywhere in the world, and in connection with the advertising, sale, promotion, marketing, merchandising, distribution, and any and all other types of exploitation of the Network Content, Network, and any of its products, other programs, services, or otherwise. Network shall have the right to refer to the Materials by their correct and/or their commonly recognized name(s). Network shall have the right to edit the content and text of the Network Content in any manner or form, and I waive any right to inspect or approve of any use of the Materials in conjunction with Network Content. Nothing in this Release shall impact my ownership of Materials or my rights to use Materials in any context outside of Network Content.
I waive the right to seek injunctive relief that I may have in connection with this Release. I hereby release, discharge, and hold harmless Network from any and all claims, demands, and/or causes of action that I may have, including, without limitation, claims based upon defamation, invasion of privacy, or any other matter arising from any use of the Materials. I represent and warrant that I have the right to enter into this Release, that the permission of no other person is needed in order for me to grant the rights in this Release to Network, and that neither I nor anyone acting for me gave, or agreed to give, anything of value to any officer, director, employee, or agent of Network to secure the inclusion of the Materials in the Network Content, except for the Fee provided below. I further represent that Network’s use of the Materials as permitted herein will not violate or infringe upon the rights of any third party.
I recognize that Network is relying on my representations and warranties and the rights I am granting in this Release and that a breach thereof would cause Network irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law; therefore, I hereby expressly agree that Network 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 agree that no sum shall be due to me for execution of this Release and Network shall not be obligated to pay me or any third party any sum whatsoever, regardless of the time or method of any future use of the Recordings.
All provisions hereof concerning the Network Content, and the potential inclusion of the Materials in the Network Content shall be kept strictly confidential by me and my representatives. Neither I nor my representatives shall issue any press releases or public statements about the Network Content and/or Network without Network’s prior written permission.
Network is not obligated to actually use the Materials or produce the Network Content. This Release shall be governed by the laws of the State of Tennessee (excluding conflicts of law principles), regardless of the place of its physical execution and shall be binding on my legal representatives, heirs, and assignees. The parties hereby submit to the jurisdiction of the state and federal courts of the State of Tennessee, Knox County, for the purpose of resolving any dispute arising out of or resulting from this Materials Release. I shall not raise, and hereby waive, any defenses based upon improper venue, inconvenience of the forum, lack of personal jurisdiction, or the sufficiency of service of process. This Release represents the entire understanding and supersedes all prior understandings between the parties relating to the subject matter herein.