HGTV Magazine Materials Release
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant to Discovery Communications, LLC and its parents, affiliates, subsidiaries, licensees, successors, designees, and assignees (collectively, “Network”)the right to use in and in connection with the Network content (“Content”) any of the materials listed below (which may include stillphotographs, 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/orother materials that I have furnished to Network (collectively, the “Materials” and the name, voice, image or likeness of any individual depicted in the Materials (colllectively, the “Likenesses”). I acknowledge that I am, and shall remain, the sole owner of the underlying copyright and all other intellectual property rights in the Materials supplied hereunder:
Photos of my house, yard, property, myself, my family, or any other photos I submit
I agree that Network shall have the right to make video and/or audio tapes, photographs, films and/or recordings of the Materials or use Materials in Network Magazine (collectively, the “Recordings”) and that Network shall own all rights, including copyright, in theRecordings and the results and proceeds of such Recordings. Network shall forever have the right to use, and license others to use, theRecordings, in whole or in part, an unlimited number of times, in all languages, in any and all digital media (whether now known orhereafter 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 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 theright to edit the content and text of the Recordings in any manner or form, and I waive any right to inspect or approve of any use of theRecordings.
I waive the right to seek injunctive relief that I may have in connection with this Materials Release. I hereby release, discharge, and holdharmless Network from any and all claims, demands, and/or causes of action that I may have, including without limitation, claims basedupon defamation, invasion of privacy, or any other matter arising from any use of the Recordings. I represent and warrant that I have theright to enter into this Materials Release on behalf of myself and any individual(s) in the photos or videos I submit, that I am the parent or legal guardian of any children whose Likeness are depicted in the Materials, that the permission of no other person is needed in order forme to grant the rights in this Materials Release to Network and that neither I nor anyone acting for me gave, or agreed to give, anythingof value to any officer, director, employee or agent of Network to secure the inclusion of the Materials in the Content. I further representthat 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 Materials Release and that abreach thereof would cause Network irreparable injury and damage that cannot be reasonably or adequately compensated by damagesin an action at law; therefore, I hereby expressly agree that Network shall be entitled to injunctive and other equitable relief to preventand/or cure any breach or threatened breach of this Materials Release by me.
I agree that no sum shall be due to me for execution of this Materials Release and Network shall not be obligated to pay me or any thirdparty any sum whatsoever, regardless of the time or method of any future use of the Recordings.
All provisions hereof concerning the Recordings, the Content and the potential inclusion of the Materials in the Content shall be keptstrictly confidential by me and my representatives. Neither I nor my representatives shall issue any press releases or public statementsabout the Content and/or Network without Network’s prior written permission.
Network is not obligated to actually use the Materials and the Recordings or produce the Content. This Materials Release shall begoverned by the laws of the State of New York (excluding conflicts of law principles), regardless of the place of its physical execution andshall be binding on my legal representatives, heirs, and assignees. The parties hereby submit to the jurisdiction of the state and federalcourts of the State of New York, New York County, for the purpose of resolving any dispute arising out of or resulting from this MaterialsRelease. I shall not raise, and hereby waive, any defenses based upon improper venue, inconvenience of the forum, lack of personaljurisdiction, or the sufficiency of service of process. This Materials Release represents the entire understanding and supersedes all priorunderstandings between the parties relating to the subject matter herein.