Audition Content Release
This Audition Release (this “Release”) is made by any person submitting content (“I”, “me” or the “Participant”) to You Betcha LLC, a North Dakota limited liability company (“You Betcha”), in connection with You Betcha Audition Competition (the “Audition”).
Grant of Ownership and License. I agree that, by participating in the Audition and submitting my content for consideration by You Betcha, I hereby grant and assign to You Betcha ownership of all copyrights to the film, recording, photographs, audio, or other content I submit to You Betcha or is created by You Betcha or the Participant in connection with the Audition (the “Footage”), and an irrevocable, exclusive, royalty-free, worldwide right and license to any copyright protected work, image, likeness, right of publicity or other materials or rights included in the Footage. I agree that the results and proceeds of my services in connection with the Footage are works made for hire for You Betcha, as defined in Section 101 of the Copyright Act of 1976. To the extent the Footage, or any content incorporating the Footage, does not qualify as work made for hire, I (i) assign, transfer, and otherwise convey to You Betcha all of my right, title, and interest, if any to the Footage, including the right to register and sue to enforce such copyrights against infringers and alleged infringers; and (ii) irrevocably waive any and all claims I may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of droit moral in the Footage or any content incorporating the Footage.
Right to Modify and Use. I acknowledge and agree that You Betcha has right to digitize, modify, alter, edit, adapt, create derivative works, transmit, broadcast, reproduce, exploit, sell, license, otherwise use, and permit others to use, the Footage, including my name, image, likeness, appearance, and voice as they appear in the Footage, in perpetuity throughout the universe and in any medium or format whatsoever now existing or hereafter created, including but not limited to, internet streaming and downloading, other digital transmission or delivery methods, mobile applications, or print publications, on any platform, without further consent from or any royalty, payment, or other compensation to me. The foregoing rights include the right of You Betcha to use the Footage, and any other materials incorporating all or any portion of the Footage, in connection with You Betcha’s advertising, promotion, or other activities.
This Assignment is Exclusive and Rights to the Footage may Not be Granted to Third Parties. I may post the Footage to my personal social media accounts for personal promotional reasons, and You Betcha grants me the non-transferable right and license to use the Footage for such noncommercial purposes. I agree that I may not grant any other third party the right to use the Footage, or otherwise commercially exploit the Footage for any other purpose.
Representations and Covenants. Any statements I make or images contained in the Footage will not infringe upon or violate the rights of any third party or entity, and I represent that I have not given any money or anything else of value to anyone else associated with the Footage, in exchange for appearing in the Footage. I agree to hold in confidence all information learned about the Footage and You Betcha (and its products, operations and personnel), and I will not discuss or otherwise disclose any such information without consent of You Betcha.
Release of Liability and Indemnification. I agree that I will make no claim of any kind against You Betcha, its affiliates and their respective officers, agents, directors, successors, employees, licensees and assigns (collectively, the “You Betcha Parties”) as a result of the Audition and/or any use of the Footage, and I waive and release any and all claims against the You Betcha Parties relating to the Footage and its use, including, without limitation, any rights to claims relating to copyright, libel, defamation, moral rights, rights of privacy and/or publicity, confidentiality or any cause of action arising therefrom. I will indemnify the You Betcha Parties from and against all claims, damages and/or expenses (including, without limitation, attorneys’ fees and expenses) resulting from any breach by me of my representations, warranties, covenants or agreements hereunder, or from my negligence or willful misconduct. In no event will I be entitled to rescind or terminate any of the rights herein granted to You Betcha or to enjoin or restrain the production, advertising, promotion, exhibition, distribution or other exploitation of the Footage (and/or any rights therein).
Governing Law; Jurisdiction; Venue. I hereby agree that the laws of the State of North Dakota will govern this Release, without regard to any conflict of laws principles. I consent to the exclusive jurisdiction of federal or state courts located in Cass County, North Dakota and waive any right to contest jurisdiction or venue due to forum non conveniens or any other reason.
THIS RELEASE PROVIDES YOU BETCHA WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING YOU BETCHA TO PUBLICIZE AND COMMERCIALLY EXPLOIT MY NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AS SET OUT ABOVE. BY CONSENTING TO THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE YOU BETCHA.