NDS AGREEMENT

Media: User-created images, videos, comments
Licensor: Electronic Signature Below
Client: NDS
Term: Perpetuity
Use: All Media
 
For good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, I, the undersigned, agree as follows:

  1. I give Barkley, Inc. (“Agency”), its client identified above (“Client”) and their respective parents, affiliates, subsidiaries, agents, licensees, successors and assigns and any party authorized by either of them (“Licensees”), the right to use, distribute and display my appearance, photograph, image, recordings, voice, likeness, statements and actions, and any materials based or derived from these items, and to give others the right to make such use, in any manner or media now known or hereafter invented that Licensees choose throughout the world in perpetuity, for the purpose of promoting Licensee’s products and services or any other lawful purpose.
  2. I agree that any and all materials produced and/or resulting from my appearance and/or this release agreement (“Materials”) shall be owned exclusively by Client, as a work-for-hire for Client, and I have no rights, title or interest in or to such Materials. If for any reason any of the foregoing does not vest in Client, I hereby assign the same to Client. Licensees do not have to obtain my approval for such use, and do not need to credit me for such use. Nothing in this agreement requires Licensees to make such use of my appearance.
  3. I release Licensees, any company or person employed by or related to any Licensee, and any person or company that obtains any rights from any Licensee described above, from all liabilities and claims, whether known or unknown, asserted or non-asserted, that relate in any way to the rights I have given to Licensees above or my participation in the Project including, but not limited to, those arising from or related to editorial acts, copyright, defamation, misrepresentation, faulty reproductions, violation of right of publicity or invasion of privacy.
  4. I shall not make or authorize any public statement concerning this agreement, the Project or Licensees without the prior written consent of Licensees in each instance.
  5. I will regard and preserve in strict confidence all information related to the business, accounting, personnel, products and services of Licensees, their affiliates and third parties with whom they do business (“Confidential Information”) that is not otherwise publicly available, which may be obtained by me from any source as a result of this agreement. I will not, without first obtaining Agency’s prior written consent, disclose to any person or use for my own benefit or for the benefit of any third party any Confidential Information.
  6. If any Materials are used in such a manner as to be subject to the SAG-AFTRA Commercials Contract, I agree to execute a standard scale contract and accept minimum scale compensation for such use. I represent and warrant that I am solely responsible for any taxes, insurance and immigration obligations that may result or arise from my appearance and/or this release agreement.
  7. This agreement contains the entire understanding between the parties regarding the subject matter hereof, supersedes all prior understandings and may not be modified except by a writing signed by both parties. This release agreement shall be construed in accordance with the laws of the State of Missouri, without regard to any conflict of laws.


I fully understand the contents of this release agreement and that Agency, Client and the Licensees are relying on the rights I have granted herein, and I voluntarily agree to the terms of this release agreement. I am eighteen (18) years of age or older (or if I am under eighteen (18) years of age my legal guardian has signed below to consent to my agreement).