for the Production of
The "Event" named above, which is scheduled (subject to change) to be produced/filmed on the above date at the above location, and is scheduled (subject to change) to be distributed on the above date(s) via Fringe Theatre’s web-based streaming platform FringeTV, Fringe Theatre's social media channels, OptikTM television, advertising, and traditional media outlets.
For good and valuable consideration, the sufficiency of which is acknowledged by both parties:
The Artist grants to the Producer the right to film, videotape, record, portray, and photograph (the “Recordings”) the Artist, their likeness, image, voice, sound, performance, and participation in the Event.
The Artist grants Producer a non-exclusive license to use the Recordings as described in Producer’s Rights below.
The Artist may provide Materials for the production of the Event, and the Artist grants to the Producer a non-exclusive license to use the Materials as described in Producer’s Rights below. Such Materials include pre-recorded audio or visual files, set, lighting, and costume design, art or visual assets, as well as the Artist’s name and biographical information (as provided).
The Artist grants Producer a non-exclusive license to any copyrights associated with the Recordings and Materials for the purposes described in Producer’s Rights below
The Artist warrants that the Recordings and Materials are the Artist’s own work, and that the Artist has not granted exclusive rights in them to any other individual or organization. The Artist warrants that all third party material (e.g., copyright and trademark) is granted for the rights of production.
Artist agrees to indemnity Producer for any claim by third parties for intellectual property infringement arising from Producer’s use of Recordings and Materials.
The Artist releases the Producer from liability, and covenants not to sue the Producer for any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action related to the Event.
The Producer may reproduce, exhibit, display, perform, or broadcast (“Broadcast Rights”) the Recordings or Materials in any manner or media, for two years unless otherwise agreed on by Fringe Theatre and the artist, throughout the world. The Producer may carry out these Broadcast Rights itself, or it may authorize third parties (e.g., Telus) to carry out the Broadcast Rights on its behalf.
The Producer may use the Recordings or Materials in perpetuity for any advertising, promotion, publicity, and archival (“Promotional Rights”) purposes.
The Producer may, at its sole discretion, make superficial edits or alterations (such as selecting excerpts for advertising, creating a montage, adding or dropping leader rolls, adding accessibility features such as closed captions). The Producer will seek artist permission before making edits or alterations that affect the aesthetic or artistic qualities. The Producer may, at its sole discretion, decide not to broadcast the Recordings and Materials.
This Agreement cannot be modified except in writing, signed by both Parties.
This Agreement will inure to the benefit of, and bind the Parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns.
This Agreement will be governed by, and construed in accordance with, the laws of Alberta and the laws of Canada, and all proceedings taken to enforce this contract will be in Alberta.
The Parties agree that this Agreement does create any partnership, joint venture, employment, or other relationship, and neither Party shall have the right to act on behalf of or bind the other.
Agreed and Accepted by: