Terms & Conditions

APPEARANCE RELEASE (“Agreement”)

   For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, by my signature below, I hereby authorize Bridge Pilates, LLC d/b/a/ Blossom Pilates (“Producer”) and its respective parents, affiliates, subsidiaries, licensees, successors and assigns to make use of my appearance in connection with the video and/or photo shoot being produced by Producer for use on Producer’s various platforms, including, but not limited to, website, social media, offline media and broadcast, in Producer’s sole discretion (the “Video/Photo”).  

       I agree that Producer may tape and photograph me, make audio-visual recordings, and record my voice, conversation (including quotes, paraphrases, impressions and sounds), in telephone conversations or otherwise, including any performance of any musical composition(s), impression(s)/caricature(s)/parody and the use of any and all memorabilia and/other materials provided by me or my representatives, including, but not limited to, any personal, publicity, social media, photos, videos, /or other materials provided by me (“Materials”), during and in connection with my appearance (“Appearance”) in the Video/Photo. Producer shall be the exclusive owner of the results and proceeds of my Appearance (including all recordings and reproductions thereof) and all contents therein (including, but not limited to, the underlying intellectual property rights) (“Results and Proceeds”).  Any and all such Results and Proceeds of my Appearance shall be deemed "works made for hire" specially ordered as part of the Video/Photo.  To the extent that I retain any interest in the Results and Proceeds of my Appearance, I  hereby grant, assign and transfer to Producer all rights of any nature in and to all such Results and Proceeds of my Appearance.   I further agree that Producer shall have the irrevocable right, throughout the universe, for an unlimited number of times in perpetuity, to copyright, to use and to license others to use and exploit, in any manner and any medium now known or hereafter devised, including without limitation, television, digital and Internet, or any combination thereof, and all of the Results and Proceeds or any portion thereof as edited by Producer, or of a reproduction thereof, in connection with the Video/Photo, the advertising and promotion thereof, and/or any episode, segment or otherwise (including in any offline materials, promotional videos, behind-the scenes, making of, best of, clip, look backs and/or compilation material or similar type versions of the Video/Photo). For purposes of clarity, I expressly waive any and all rights of droit moral or similar rights I may have in connection with my Appearance and the Video/Photo. I agree that Producer shall be under no obligation to actually use the Materials or Results and Proceeds as part of the Video/Photo, or to actually telecast, exhibit or otherwise exploit the Video/Photo. I hereby waive any right of inspection or approval of my Appearance or the uses to which such Appearance may be put. I understand and agree that my Appearance is not subject to any union or guild agreements (such as SAG or AFTRA) applicable to talent services. 

       Except as otherwise authorized by Producer, I will not myself, and I will not authorize others to, publicize, advertise or promote my appearance on the Video/Photo, participate in any news story, magazine article, book or other publicity relating to the Video/Photo, or use or disclose to any person any non-public information or trade secrets obtained or learned as a result of my participation in the Video/Photo, including without limitation any non-public information concerning or relating to the Video/Photo, the premise and concept, the other participants, the events contained in the Video/Photo, the outcome of the Video/Photo, or the method(s) of production of the Video/Photo (“Confidential Information”). I hereby agree not to disclose any such Confidential Information to any individual or entity.  I further agree not to use (or authorize others to use) any camera, cell phone or recording device to photograph or record any Confidential Information or any activity related to the Video/Photo and further agree that in any event all rights to any such photographs or recordings shall be exclusively owned by Producer as a “work-made-for-hire” (or alternately are hereby assigned and transferred to Producer). I acknowledge and agree that disclosure of such Confidential Information by me in violation of the foregoing shall constitute and be treated as a material breach of this Agreement, which may cause irreparable harm to Producer.   I further agree that in the event of any disclosure by me, I shall be liable to Producer and I agree that Producer shall have the right to utilize all available remedies under the law, including both financial and injunctive relief, as reasonable remedy for the significant harm which may be incurred by Producer as a result of any such disclosure and/or breach of this Agreement by me.  Nothing contained herein shall be deemed to prohibit me from issuing publicity that includes incidental, truthful mention that I appeared in an episode of the Video/Photo, provided the same occurs after the Video/Photo has been exhibited and does not mention the Video/Photo, Producer or any other person or entity involved therewith in an unfavorable or derogatory manner. 

     Without limiting the foregoing in any manner, I acknowledge and agree that I shall not at any time use any of the names, logos, trade names or trademarks of the Video/Photo, Producer, or  Producer’s affiliates or those of any related companies, in connection with myself or any kind of advertising and promotion, publicity, product integration, implied endorsement, merchandise, tie-in, product or service without Producer’s prior approval. Producer may transfer and assign this Agreement or all or any of its rights or privileges hereunder to any entity or individual without restriction.  This Agreement may not be assigned, transferred or encumbered by me, in whole or in part, by operation of law or otherwise, without Producer’s prior written consent, and any such assignment without such consent will be deemed ineffective. This Agreement shall be binding on all of my successors-in-interest and heirs.  I represent and warrant that, to the best of my knowledge, any statements made by me during my Appearance are true and that neither my statements nor my Appearance will violate or infringe upon the rights of any third party.  I hereby agree not to sue and irrevocably and unconditionally release, waive and forever discharge Producer, its past, present and future parents, subsidiaries (whether or not wholly-owned), affiliate and related entities, divisions, members, agents, representatives, employees, successors and assigns, jointly and individually (hereinafter collectively referred to as “Releasees”), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which I (or my heirs and assigns, agents and/or representatives) or any third party ever had, now has, or in the future may have against the Releasees, including, but not limited to claims arising out of or related to the uses described herein, the Video/Photo, my participation in the Video/Photo, and any breach by me of the covenants and warranties made herein, including but not limited to libel, slander, defamation, invasion of any rights of privacy, right of publicity or personality, intentional infliction of emotional distress, negligent infliction of emotional distress, or violation of any other right. I agree not to seek to or enjoin the development, production, distribution or exploitation of the Video/Photo and that my remedies in the event of an action or omission by Producer that constitutes a breach of this Agreement shall be limited to an action at law for damages, if any.

     This Agreement sets forth the entire agreement between  Producer and me with respect to the subject matter hereof and may not be altered or amended except in writing signed by both parties. The parties hereto agree to submit to jurisdiction in the State of New York. Any controversy or claim relating to this Agreement shall be governed by and construed in accordance with the substantive laws of the State of New York without regard to New York’s choice of law rules. I have read and understand this Agreement and agree to the provisions contained herein. 

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original.  Said counterparts shall constitute but one and the same agreement and shall be binding upon, and shall inure to the benefit of, each of the undersigned individually as fully and completely as if all had signed the same counterpart.  PDF and faxed signatures on this Agreement shall be considered original signatures.  

PLEASE COMPLETE ALL SECTIONS AND SIGN WHERE INDICATED BELOW

Name: ___________________________________

Street Address: ____________________________

                  ____________________________

                          ____________________________

Phone #: _________________________

Date of Birth: _____________________



_________________________________

(NAME)

PRODUCER:

BRIDGE PILATES, LLC d/b/a Blossom Pilates



By: ________________________

Name: _____________________

Title: ______________________