VIDEO SUBMISSION AGREEMENT:
For good and valuable consideration (including without limitation the possibility of airing and/or publication of my baby's photo and or Video and my comments), the receipt and sufficiency of which is hereby acknowledged, I, hereby grant to "BABYFIRST" its licensees, successors, heirs, and assigns, the absolute, perpetual and irrevocable right and permission, but not the obligation, in respect of those photographic images, portraits, videos or pictures that I submit to BABYFIRST of my child. as well as any written commentary, suggestions, or other written material I may provide to BABYFIRST (the "Comments"), to: copyright the same, in BABYFIRST's own name or otherwise, and to use, re-use, exploit, publish and re-publish the Photographs\Videos and the Comments, in whole or in part, individually or in conjunction with other materials, and to modify, crop, alter, distort, edit or retouch reproductions of the Photographs and the Comments, to post the video in whole or in part on YouTube and on the BabyFirst website, and to use my and my child's name, biography, picture, image, silhouette, and other reproductions of my and my child's likeness, in connection with the use and exploitation of the Photographs and the Comments, in any and all media, whether now known or hereinafter devised.
I agree that BABYFIRST shall have all right, title and interest in said use or exploitation of the Photographs\Videos and Comments and I and my child agree to release and discharge BABYFIRST, BABYFIRST's employees, agents, licensees, successors and assigns from any and all claims, demands or course of actions that I or my child may now have or may hereafter have for libel, defamation, invasion of privacy or right of publicity, infringement of copyright or violation of any other right arising out of or relating to any utilization of the granted rights for the use or exploitation of the Photographs or Comments. I further represent and warrant that I and my child are the sole owner of all rights, title and interest in the Photographs and Comments, and that no third parties have any right title or interest in such Photographs and Comments.
I and my child agree to execute such further documents and instruments as BABYFIRST may request to effectuate the terms and intentions of this Release.
No breach of this Release shall entitle me to terminate or rescind the rights granted to BABYFIRST herein, and I and my child hereby waive the right, in the event of any such breach, to equitable relief or to enjoin, restrain or interfere with the production, distribution, exploitation, exhibition or use of any of the rights granted, it being my understanding that my and my child's sole remedy shall be the right to recover money damages with respect to any such breach.
This Release expresses the entire understanding between BABYFIRST and me and my child, and I agree that no oral understandings have been made with regard thereto. This Release may be amended only by written instrument signed by BABYFIRST and me. I acknowledge that in granting the rights granted, I and my child have not been induced to do so by any representations or assurances, whether written or oral, by BABYFIRST or BABYFIRST's representatives concerning the manner in which the rights granted may be exercised or not exercised, and I and my child agree that BABYFIRST is under no obligation to exercise any of the rights granted and agree I and my child have not received any promises or inducements other than as herein set forth. The provisions hereof shall be binding upon me and my child and our heirs, executors, administrators and successors. This Photograph Release shall be construed according to the laws of the State of California with venue for any dispute solely in the state and federal courts in Los Angeles County, California.
I represent and warrant that I have read this Photograph\Video Release and I am familiar with the contents thereof.
I represent and warrant that I am the father/mother/legal guardian of the afore-named child, and I have the full and sole power and authority to execute this agreement on such child's behalf.