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Media License and Release of Liability Agreement


The signed below (“Participant”), agrees to participate in Austin Anarchy Roller Derby (“the League”) and in the League’s roller derby events to be held in/at Bartholomew Roller Derby Track and other locations during their season (the “Derby Season”). In consideration of the League furnishing Participant with services, and procuring premises for the Derby Season and other good and valuable consideration, receipt of which is hereby acknowledged, Participant enters into this Agreement as of the 2022 – 2023 season and agrees to participate in and in connection with the Derby Season on a schedule to be set by the League on reasonable prior notice, and hereby grants to the League during the term that Participant participates in the Derby Season and/or any “Program” (as hereinafter defined), the irrevocable, worldwide, and exclusive right and license to photograph, videotape, film, and otherwise record Participant, and the irrevocable, worldwide and exclusive right and license, in perpetuity, to Participant name and/or any skate name (as Participant chooses and communicates to the League which both Participant and the League approves), likeness, voice, approved biography (such approval not to be unreasonably withheld), all of Participant’s activities in connection with the Derby Season and its activities, and any still photographs, film, videotape and/or other recordings thereof in connection with the Derby Season (collectively the “Material”) for use in: (i) the Derby Season; (ii) any broadcast of the Derby Season if produced by the League or by any third party which the League has contracted with for production and/or broadcast of the Derby Season, in whole or in part, and its activities and Participants, and any and all other now known or hereafter existing or devised uses, media in any form, including, without limitation, exploitation in all forms of television, motion pictures, internet/web streaming, publishing, videocassette/DVDs, and all ancillary and subsidiary rights therein (collectively referred to as the “Program”); (iii) all the advertising, promotion, and marketing, directly or indirectly related to the League, and/or the Derby Season in any way whatsoever, and (iv) the production, distribution and other exploitation of the Derby Season and the Program, with the understanding of the parties that The League’s authority herein shall be exercised by the League’s Board of Directors. Notwithstanding anything to the contrary contained hereinabove, Participant’s services are nonexclusive and they may license their name, likeness, voice, biography and other aspects of themself, for any use whatsoever, provided, however, that Participant may not use, sell, license, display, publish, transmit or grant any rights to any of the Program which has been exclusively granted to third parties.

The League shall own all copyrights, including, without limitation, all renewals and/or extensions thereof, in and to the Derby Season, the Program, and the Material, including, without limitation, all the results and proceeds of Participant’s participation in the Derby Season and the Program, in perpetuity, throughout the world, in any manner, and in any and all now known or hereafter existing or devised uses, media in any form, including, without limitation, exploitation in all forms of television, motion pictures, internet/web streaming (including, without limitation, all its web sites), publishing, videocassette/DVDs, and all ancillary and subsidiary rights therein. The League is and shall be considered the sole author, and, at all stages of completion, the sole and exclusive owner of said results and proceeds of Participant’s participation (collectively referred to as “Participant’s Material”) and all right, title and interest therein (including, without limitation, all copyrights, trademarks and related rights, and all extensions and renewals thereof, neighboring rights, and any and all other ownership and exploitation rights in the results and proceeds now or hereafter recognized in any and all territories and jurisdictions worldwide). If, as the result of any law or legal decision, Participant is deemed to acquire any rights to the results and proceeds (including, but not limited to, any copyrights therein), Participant hereby assigns and transfers all such rights to the League, including, without limitation, all copyrights, renewals and extensions thereof. To the extent that Participant cannot assign and transfer all rights to Participant Material to the League (‘Non-assignable Participant Rights’), Participant agrees that the League is granted an exclusive, royalty and fee free license to these Non-assignable Participant Rights, in perpetuity, for any purpose, in any media, throughout the world. Participant agrees to cooperate in signing any further agreements that are necessary to fulfill the grant of rights herein, as needed and requested by the League. Should Participant lose any rights which have been granted in this Agreement, Participant agrees to immediately notify League.

By executing this Agreement, Participant: (i) hereby waives any right to privacy or publicity, whether granted by statute or common law, that Participant may have in connection with Participant’s Material, the Material, the Derby Season and/or the Program, or any other use; (ii) agrees that Participant will not bring, institute or assert any rights or claims in connection with Participant’s Material, the Material, the Derby Season, the Program, or any other use; and (iii) absolutely, unconditionally and forever covenants not to sue, and waives, releases, discharges, holds harmless and indemnifies, the producers, sponsors and advertisers of the Program and/or the Derby Season, the lessor(s) of the premises for the Derby Season, and the League, its parent, subsidiaries, related and affiliated entities, and its and their members, shareholders, partners, officers, directors, employees, consultants, contractors, vendors, agents, representatives, licensees, successors, and assigns (collectively the “Released Parties”), from and against any and all claims, demands, controversies, causes of action, damages, losses, rights, liabilities and obligations (including, without limitation, reasonable attorney’s fees) whatsoever, whether known or unknown, arising out of or pursuant to any claims that Participant or any third party may have relating to copyright, liability, rights of privacy or publicity, personal injury, property damage, wrongful death, loss of services, economic losses, or medical or other expenses, or any other personal or proprietary rights, excluding any claims arising solely out of the League’s contractual obligations to third parties. Participant warrants full ownership of the rights granted in this Agreement and that the League shall not be obligated to (i) obtain any consent from any other party regarding Participant’s involvement in the Program (except for the Parental/Guardian Consent if Participant is a minor), the Derby Season or the use of Participant’s Material or (ii) exercise any or all the rights granted to the League hereunder.

This Agreement, and all matters or issues material thereto, will be governed by and construed in accordance with the laws of the United States of America applicable to agreements made and fully performed in the United States of America. This Agreement constitutes the entire agreement between the parties, shall supersede and replace any and all other representations, warranties or agreements, or written between the parties, and shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, personal representatives, licensees, assigns and successors, and cannot be modified without the written approval of both parties. The parties hereby consent to the exclusive jurisdiction of the United States of America over any action, suit or proceeding arising out of or relating to this Agreement. Participant’s remedies in the event of a dispute relating to or arising out of this Agreement, or its termination, or expiration, shall only be an action at law against the League for monetary damages (excluding any incidental, consequential, special or punitive damages). Participant shall not be entitled to terminate or rescind this Agreement, or seek an injunction or other equitable relief against, and/or to enjoin and/or restrain the League, or to proceed against any other party in any way related to this Agreement. In the event of Participant’s breach of this Agreement, the League may elect to remove Participant from the League pursuant to the League’s policies on removal, and the League shall reserve all of its other rights and remedies.

The League shall have the right at any time to assign or grant the rights and/or obligations under this Agreement, in whole or in part, in any manner and to a studio, production company, or broadcast network, or other financially-responsible third party. Participant shall not have the right at any time to assign any rights or delegate any obligations under this Agreement, and any attempted such assignment or delegation shall be null and void ab initio and constitute a material breach hereof.

Participant shall keep confidential this Agreement, except for purposes of obtaining their own counsel to advise on this Agreement. .

By logging into an account, I warrant I have reviewed this Agreement and have had the time to consider all provisions and have either: obtained my own counsel to advise on this Agreement, or I have voluntarily elected to not seek counsel. I warrant I am of sound mind and have the authority to enter into this agreement and do not need to obtain any further permissions to enter into this Agreement. If I am a minor, I have received permission from a legal Parent/Guardian.