This National Anthem Release (this "Release") is between the person submitting a national anthem video or audio recording, individually or on behalf of a group, including any submission involving a minor, and GAC Media, LLC ("GAM," "us," or "we"). If the submitter or any participant is under the age of eighteen (18), the minor's parent or legal guardian must agree to this Release on the minor's behalf.
By submitting any video, audio recording, image, text, metadata, identifying information, or other materials related to a national anthem performance (collectively, the "Submission"), the submitter agrees to this Release and to comply with all applicable rules and guidelines for submission as established by GAM from time to time, which are incorporated herein by reference.
No signature or countersignature by GAM is required for this Release to be valid and binding, and GAM's receipt, review, storage, or use of the Submission is sufficient consideration for this Release.
To the fullest extent permitted by law, upon submission, the submitter hereby irrevocably assigns, transfers, and conveys to GAM exclusively all right, title, and interest in and to the Submission, including all components thereof and all versions, edits, recording and all materials, performances, and contributions embodied in or relating to it, including all copyrights and other intellectual property, proprietary, and exploitation rights, whether now known or later recognized, throughout the world, in perpetuity.
Without limiting the foregoing, GAM shall exclusively own the Submission and will have the unrestricted, perpetual, irrevocable, worldwide right, but not the obligation, to:
• use, reproduce, copy, host, store, archive, publish, display, exhibit transmit, broadcast, stream, distribute, license, sublicense, sell, advertise, promote, publicize, exploit, and otherwise use the Submission at GAM’s sole discretion;
• edit, cut, dub, subtitle, caption, translate, modify, adapt, combine with other materials, and create derivative works from the Submission;
• publicly perform and publicly display the Submission;
• use any names, voices, images, likenesses, performances, appearances, biographical information, and other persona attributes embodied in or supplied with the Submission; and
• exploit the Submission in any and all media, formats, channels, platforms, and technologies, whether now known or later developed, for any lawful purpose, including without limitation programming, promotion, advertising, publicity, sponsorship, commercial tie-ins, internal use, social media, digital distribution, linear television, over-the-air broadcast, cable and satellite distribution, subscription and ad-supported streaming services, archival use, and any other commercial or noncommercial purpose.
The submitter acknowledges and agrees that GAM may exercise these rights without further consent, notice, approval, accounting, or payment to the submitter or to any participant, contributor, or third party.
To the fullest extent permitted by law, the submitter, on behalf of the submitter and all participants and contributors represented by the submitter, waives and agrees never to assert any moral rights, droit moral, rights of attribution, rights of integrity, or similar rights in or with respect to the Submission against GAM or any of its parents, subsidiaries, affiliates, successors, assigns, licensees, distributors, exhibitors, advertisers, sponsors, and service providers.
The submitter grants, and represents that the submitter has secured from all participants and contributors all necessary permissions to grant, and with respect to each participant or contributor who is under the age of eighteen (18), that the participant's or contributor's parent or legal guardian grants or has authorized the grant to GAM of, the perpetual, irrevocable, worldwide right to use each participant's and contributor's name, nickname or stage name, voice, image, likeness, photograph, performance, biographical information, and other personal attributes embodied in or provided in connection with the Submission, in connection with the Submission and any use, promotion, advertising, publicity, exploitation, distribution, display, performance, or other use of the Submission or related materials, in any media now known or later developed, without further consent, notice, or compensation.
The submitter represents, warrants, and agrees that:
• if the submitter is at least eighteen (18) years old, the submitter has full power and authority to enter into this Release and submit the Submission, and if the submitter is under the age of eighteen (18), the submitter's parent or legal guardian is entering into this Release by submitting on behalf of the minor and has full power and authority to submit the Submission and bind the minor submitter to this Release;
• if submitting on behalf of a group, the submitter is authorized to act for and bind the group and each participant, performer, and contributor included in the Submission, and with respect to each such person who is under the age of eighteen (18), the submitter is that person's parent or legal guardian or has legally sufficient authority from that person's parent or legal guardian to bind that person to this Release;
• the Submission is original to the submitter and/or represented participants, except to the extent any included materials have been properly licensed, cleared, or otherwise authorized for the rights granted here;
• the submitter has obtained all permissions, consents, assignments, licenses, approvals, and releases, including from each minor participant's or contributor's parent or legal guardian where applicable, necessary for GAM to own and use the Submission as contemplated by this Release;
• no guild, union, employment, label, management, publishing, or other agreement restricts or prohibits the rights granted under this Release;
• the Submission does not and will not infringe, misappropriate, or violate any copyright, trademark, right of privacy, right of publicity, contract right, or other right of any person or entity;
• no payment of any kind is or will be due from GAM to the submitter, any participant, any contributor, or any third party arising out of GAM's ownership or use of the Submission;
• the Submission is not defamatory, obscene, unlawful, or otherwise objectionable under applicable law; and
• all information provided in connection with the Submission is true, complete, and accurate.
If any participant is a minor, the submitter represents and warrants that the submitter is the minor's parent or legal guardian, or has legally sufficient authority from the parent or legal guardian, and has authority to bind the minor in connection with this Release. Without limiting the foregoing, the applicable parent or legal guardian consents to the minor's participation in the Submission and agrees, on behalf of the minor and in the parent's or legal guardian's own capacity, to all grants of rights, representations, warranties, releases, waivers, and covenants set forth in this Release, including the release of claims and covenant not to sue, to the fullest extent permitted by law.
The submitter acknowledges that the Submission is voluntary and not confidential, and that:
• GAM has no obligation to review, use, acknowledge, return, or preserve the Submission;
• GAM may already possess or later develop materials similar or identical to the Submission;
• no confidential, fiduciary, implied-in-fact, or other special relationship is created by this Release or by GAM's receipt or consideration of the Submission; and
• the submitter is not entitled to any compensation, credit, reimbursement, or other consideration unless GAM expressly agrees otherwise in a separate writing signed by an authorized officer of GAM.
The submitter, for the submitter and all participants, contributors, successors, heirs, representatives, and assigns represented by the submitter, and, with respect to any participant or contributor who is under the age of eighteen (18), the participant's or contributor's parent or legal guardian, on behalf of such minor and in the parent's or legal guardian's own capacity, irrevocably releases and discharges GAM and its parents, subsidiaries, affiliates, successors, assigns, licensees, distributors, exhibitors, advertisers, sponsors, and each of their respective officers, directors, members, managers, employees, agents, contractors, and representatives (collectively, the "Released Parties") from any and all claims, demands, liabilities, damages, costs, expenses, actions, and causes of action of every kind, whether known or unknown, arising out of or relating to the Submission, GAM's ownership, use or non-use of the Submission, or the use of any names, voices, likenesses, images, performances, or biographical information embodied in or provided with the Submission.
The submitter, for the submitter and all participants and contributors represented by the submitter, and, with respect to any participant or contributor who is under the age of eighteen (18), the participant's or contributor's parent or legal guardian, on behalf of such minor and in the parent's or legal guardian's own capacity, covenants not to sue any Released Party in connection with any matter released under this Release.
The submitter further agrees that neither the submitter nor any participant or contributor represented by the submitter, nor any parent or legal guardian acting on behalf of any minor participant or contributor, will seek to enjoin, restrain, or otherwise interfere with the development, production, distribution, exhibition, advertising, publicity, promotion, exploitation, or other use of the Submission or any related project, campaign, program, or materials. If any claim is brought notwithstanding this waiver, the sole remedy, if any, shall be an action at law for monetary damages, and no person shall be entitled to rescind this Release or prevent or impair GAM's use of the Submission.
The submitter shall indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, damages, judgments, settlements, losses, penalties, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or relating to any breach or alleged breach of this Release or any claim that GAM's ownership or use of the Submission infringes, misappropriates, or violates any right of any third party.
GAM has no obligation to use the Submission and shall have sole discretion regarding whether, when, where, how, and in what form the Submission is used, edited, combined with other materials, credited, or exploited, if at all.
The submitter acknowledges and agrees that:
• submitting the Submission constitutes the submitter's electronic signature and acceptance of this Release;
• that electronic signature is intended to authenticate this Release and has the same force and effect as a handwritten signature;
• if the submitter is acting on behalf of a group, the submitter's electronic signature binds the group and all participants, performers, and contributors included in or associated with the Submission, and if the submitter or any such person is under the age of eighteen (18), such electronic signature also constitutes the agreement of the applicable parent or legal guardian binding the minor to this Release to the fullest extent permitted by law;
• GAM is entitled to rely on the submitter's representations of authority; and
• GAM does not need to sign or countersign this Release for it to be binding and enforceable.
This Release shall be governed by and construed under the laws of the United States and the applicable state law selected by GAM, without regard to conflict-of-laws principles. The submitter agrees to submit to the exclusive jurisdiction of the state and federal courts designated by GAM for any dispute relating to this Release, except to the extent GAM elects another permissible forum.
If any provision of this Release is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be enforced to the maximum extent permitted by law.
By submitting the Submission, the submitter acknowledges and agrees that:
By submitting any Submission to GAM, the submitter acknowledges that the Submission is governed exclusively by this Release and that GAM may rely on the submitter's and, where applicable, any parent's or legal guardian's acceptance, representations, warranties, releases, waivers, covenants, and grants of rights set forth above.
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