Version 1.0 – April 2018
We write to confirm the agreement between ourselves (“us/we” or the “Company”) and you (“you” or the “Contributor”) whereby, in consideration for the Company making arrangements to record the Programme and for the fee of £1 (receipt and sufficiency of which is hereby acknowledged), you consent to the filming and recording of your contribution to and participation in the Programme on the terms set out below.
The Programme featuring the online branded content film or photography for the chosen brand below.
Recorded, performance and/or other participation in the Programme as part of the in accordance with the directions of the Company.
Other Key Terms:
The Company confirms that the Contribution and the Programme shall only be used in connection with publicity/promotion of the Programme (in context only) and shall not otherwise be commercially exploited without the prior consent of the Contributor.
The General Terms & Conditions appended to this letter shall be deemed part of this Agreement. To the extent that they are inconsistent with these Key Terms, the Key Terms shall apply.
Please sign below to indicate your acceptance of these terms.
GENERAL TERMS AND CONDITIONS
1. The Contributor will promptly and faithfully comply with all reasonable instructions of the Company and will consult with the Company at all times regarding the Contribution.
2. The Contributor hereby agrees that all rights including but not limited to the copyright (if any) and all other rights in the Contribution and the Programme shall vest in and are hereby assigned to the Company and the Contributor grants all necessary consents that may be required under any legislation or regulation in any jurisdiction to permit the Contribution or any part of it to be exhibited or otherwise exploited by all means and in all media and formats throughout the universe for the full period of copyright and all renewals, revivals, reversions and extensions thereof and thereafter so far as may be possible in perpetuity without the need for any payment to the Contributor. The Contributor further confirms that they waive the benefit of any so-called moral rights (or any similar rights in any other jurisdiction) to which they may be entitled and shall not seek to enforce any rights to equitable remuneration in respect of any rental and lending and cable re-transmission rights in the Contribution.
3. Without limiting the foregoing in any way, the Company shall be entitled to (a) alter, adapt or make additions to or deletions from the Programme (and the Contributor’s appearance therein) at its discretion, (b) make and exploit and to authorise the making and exploitation of any recording or fixation of the Contributor’s appearance in conjunction with the Programme throughout the Universe in perpetuity by all means and in all media whether now known or hereafter invented including without limitation by way of any interactive, online telephony or new media application; (c) dub the Contributor’s voice in any foreign language; and (d) include recordings of the Contributor in all media and formats throughout the Universe including without limitation in advertising and publicity for the Programme.
4. The Contributor warrants that the Contributor has given a full and honest disclosure of all information about them which may adversely affect the Contribution, the Programme, the Company, the Charity and/or the commissioning broadcaster. Except as fully disclosed in writing to the Company, the Contributor has no criminal convictions and is not now and has never been involved in any criminal proceedings and is not awaiting trial or charge in respect of any criminal offence or suspected criminal offence. The Contributor will immediately notify the Company if any of the above changes between the date hereof and transmission of the Programme.
5. The Company shall not be liable to the Contributor for any loss or damage or injury to the Contributor or the Contributor’s property caused or suffered in connection with the production of the proposed Programme or any advice given to the Contributor by the Company or its employees, servants or contractors unless caused by the negligence of the Company and recoverable on that ground.
6. The Contributor agrees that, save in respect of material provided by or included at the request of the Company, the Contribution shall be true and original to the Contributor and shall not contain anything which is defamatory or an infringement of copyright or in contempt of court or which is likely to bring the Programme, the Company, the Charity or the commissioning broadcaster into disrepute.
7. The Contributor shall not disclose or permit the disclosure to any persons (other than my professional advisors) of any information relating to the Company, its business, the Programme or this Agreement and the Contributor shall keep all such information strictly confidential.
8. The Contributor indemnifies the Company in respect of all actions, proceedings, claims, damages and other liabilities which may be brought against or incurred by the Company as a result of the breach of any of the Contributor’s warranties, representations, obligations or undertakings contained in this Agreement.
9. Nothing contained in this Agreement shall constitute an undertaking by the Company to produce or exhibit the Programme or to use the Contribution or any part of it in the Programme or its exploitation.
10. For the purposes of the Data Protection Act 1998 (as amended), the Contributor consents to the holding and processing of the Contributor’s personal data (including sensitive personal data), as such terms are defined in the said Act, by the Company for purposes connected with the Programme and to ensure compliance with the Company’s legal and regulatory obligations. The Contributor acknowledges and agrees that this may involve the disclosure of such personal data to third parties (e.g. the commissioning broadcaster and insurers) and/or the transfer of such personal data outside the European Economic Area (including the US) and other jurisdictions where data protection regulations may not offer the same protection as those applicable within the European Economic Area.
11. The Company shall be entitled to assign the benefit of this agreement either in whole or in part to any to any of our subsidiary or associated companies or successors in title and/or any third party.
12. The Contributor agrees that in the event of any breach of this agreement by the Company the Contributor shall not be entitled to enjoin and/or injunct the distribution and/or exploitation of the Programmes and any legal remedy the Contributor may have shall lie in an action at law for damages.
13. This Agreement shall be interpreted according to the laws of England and Wales whose courts shall have exclusive jurisdiction.