Date: ABC Studios 500 South Buena Vista Street Burbank, CA 91521-3694 Attn: April Novotny Dear Sir or Madam: LOST RELEASE AND GRANT OF RIGHTS I/we am/are at least 18 years of age or the age of majority in my/our state of domicile (if higher). In connection with a fan appreciation event for the ABC Studios ( ABCS ) television series entitled Lost (the Program ) to be held at Comic-Con 2009 at the San Diego Convention Center, I/we,_[please list name(s) of each contributing participant:] - (hereinafter referred to individually and collectively as Participant ) hereby enclose a CD (or tape) containing Participant s wholly original recording of Participant s own, wholly original theme music for potential use in a mock main title sequence for the Program. As an inducement to ABCS to consider Participant s original recording of Participant s original theme music for possible promotional use at Comic-Con 2009 in connection with mock main title sequence and/or the Program, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Participant hereby agrees as follows: Participant understands and agrees that the aforementioned CD (or tape) as well as Participant s original recording and Participant s original theme music (including, without limitation, the master recording and all musical compositions, words, lyrics, melody, harmony, arrangements, vocals, performances, titles, and themes embodied therein, and any and all versions and revisions thereof and the results and proceeds of all services contained therein) (individually and collectively, the Material ) and all elements thereof shall constitute works-made-for-hire for ABCS within the meaning of the United States Copyright Act. Accordingly, ABCS shall have the sole and exclusive right to use the Material in all media, whether now known or hereafter devised, throughout the universe in perpetuity. If for any reason the Material and/or any portion thereof are not deemed to be works-made-for-hire, Participant hereby irrevocably grants to ABCS, its affiliates, licensees, grantees, successors and assignees sole and exclusive ownership of all right, title and interest in perpetuity throughout the universe (including, without limitation, the copyright and any and all renewals and extensions thereof) in and to the Materials. Without limiting the generality of the foregoing, Participant understands and 1
agrees that ABCS will have the right (but not the obligation) to incorporate, translate, change, edit, alter, revise, modify, arrange, rearrange and add to or subtract from the Material, combine the Material with any other material, and/or synchronize, distribute, publicly perform, reproduce and otherwise use the Material in the soundtrack of the mock main title sequence for the Program and otherwise in any manner or media now known or hereafter devised (including, without limitation, television, radio, internet, cable, broadband applications and wireless applications and devices) as ABCS may determine in its sole discretion (including, without limitation, in or in connection with the Program and/or any advertising, marketing, publicity and/or promotion). To the full extent allowable under any applicable law, Participant hereby irrevocably waives or assigns to ABCS all of Participant s so-called moral rights, droit moral or patrimonial rights and any similar rights, laws and legal principles that may now or hereafter be recognized in connection with the Material ( Moral Rights ). In addition, Participant irrevocably grants ABCS and its licensees the right to use Participant s name(s), likeness(es), and/or biographical information ( Personal Rights ) in and in connection with the Material, in connection with any version of the Material and/or the Program, and any advertising, promotion and/or publicity connected with the Program. Participant acknowledges and agrees that: Participant acquires no rights in or to any elements (visual or otherwise) that may be added to or combined with the Material; and ABCS shall have no obligation to accord Participant screen credit or any other form of credit in connection with the Program, Participant s Material, Comic-Con, or otherwise. Participant understands that ABCS has not promised nor given any assurances that Participant s Material or any portion thereof, will be included in any soundtrack for the Program, or used in any way whatsoever in connection with the Program, Comic-Con, or otherwise. Participant hereby forever releases, discharges and holds harmless ABCS, its employees, officers, principals and directors, the Program s broadcaster, American Broadcasting Companies, Inc., their respective parent, subsidiary and affiliated entities, and the respective officers, directors, employees and representatives of any of the foregoing (collectively "Releasees") from and against any and all claims, whether at law or in equity, that Participant may have at any time (whether or not Participant is aware of any such claims) arising from the exploitation of the Material and/or any and all of the rights granted to ABCS hereunder, including, without limitation, claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal or state laws (collectively, the Released Claims ). Participant understands and agrees that all rights Participant may have under Section 1542 of the California Civil Code and any similar law of any state or U.S. territory, any 2
similar federal law, or any similar common law or principle of similar effect, is hereby expressly waived. Participant acknowledges and understands that said section reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Participant acknowledges that Participant may hereafter discover claims in addition to the ones released in this Agreement, and Participant hereby expressly releases Releasees from any such unknown and/or unsuspected claims. Participant acknowledges that, in the event of a breach of this Agreement by ABCS or any third party, the damage, if any, caused to Participant thereby will not be irreparable or otherwise sufficient to entitle Participant to seek or obtain injunctive or other equitable relief. Participant warrants that Participant s Material is wholly original with Participant (and, without limiting the generality of the foregoing, that no sampling and/or third party material was used in creating the Material), that Participant has full power and authority to submit the Material to ABCS, that Participant has the full right and authority to enter into this Agreement and to grant the rights herein, that Participant is not subject to any recording agreement, music administration agreement, music publishing agreement, production agreement or union or guild agreement, that Participant has not granted any third parties any rights to the Material, that no other rights, consents, permissions or releases from any third person or entity (including, without limitation, from any record company and/or music publisher) are or will be required in order to exploit the Material, the Personal Rights and/or any other rights granted to ABCS hereunder, and that neither the Material nor any Personal Rights, nor ABCS use or exploitation of any part of the Material or such rights will constitute a defamation against or infringe upon or violate the right of privacy, the copyright or any other right of any person or entity; and Participant hereby binds Participant and all other parties claiming under or through Participant to adhere fully to the terms and conditions provided herein. Participant further represents that each Participant is a U.S. resident and citizen, 18 years or older, and that none of the Materials were recorded within the jurisdiction of any unions. Participant hereby agrees to indemnify, defend and hold the Releasees harmless against any and all losses, claims, debts, demands, liabilities, attorneys fees and expenses, and all other damages or costs arising from or related to: a) any breach of the representations or warranties made herein or the falsity of any of such representations or warranties; and b) the use by Releasees of the Material and/or any of the rights and permissions Participant has granted herein. Participant hereby acknowledges that Participant has read and understands this Agreement; that no oral representations of any kind have been made to Participant; that 3
there are no prior or contemporaneous oral agreements in effect between ABCS and Participant pertaining to the subject matter of this Agreement, including without limitation the Material, the Moral Rights and/or Personal Rights; and that this Agreement states our entire understanding. Any provision or part of any provision which is void or unenforceable shall be deemed omitted and this Agreement with such provision or part thereof omitted shall remain in full force and effect. Nothing herein shall be construed to limit any rights granted to ABCS as a member of the general public, or otherwise. Participant declares under penalty of perjury under the laws of the State of California and of the United States that all statements made by Participant in this Agreement are true and correct, that the name(s) below is/are Participant s legal name(s), and that the signature(s) below is/are Participant s legal signature(s). Participant understands and is bound by all terms contained in this Agreement. Further, Participant understands that ABCS would not further evaluate Participant s Material without this Agreement and that should ABCS use the Material or any portion thereof in connection with Comic-Con or exercise any other rights granted hereunder, ABCS will be doing so in reliance on this Agreement. Very truly yours, _ 4
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