This is an example of a TV release form. Should you be contemplating taking part in a documentary and are given a similar form to sign we advise you do not sign it. You can find out more about our reasons here: TV Release Forms - the Truth about appearing in a UK TV documentary.
‘Weight loss Stories’ (working title)
We write to confirm the agreement between ourselves whereby in consideration for us making arrangements to film you for inclusion in a television programme provisionally entitled "weightloss Stories’ (the “Programme”) (with such definition to include any compilations or reversions thereof and so called "making-of" programmes which we intend but do not undertake to co-produce with X Limited (the “Broadcaster”), you have consented to the filming and recording of you and your participation in the Programme on the terms set out below.
In this programme we will look people who've lost weight. We will be featuring people who have had weightloss operations and frankly assessing their experiences, telling their stories from before they had the operation and afterwards. In some cases, where there were physical complications after the operation, we will talk about what happened and what went wrong. In other cases, we will talk about other post operation consequences and their life-changing nature, and any physical and emotional complications and situations.
This Agreement sets out the entire exclusive agreement between you and us and any changes to these terms must be agreed in writing.
1. Your Contribution
1.1 You acknowledge the purpose of the Programme (as detailed in the attached synopsis which you have read and understood) and you agree without limitation to contribute to the Programme as follows:
1.1.1 to participate in the Programme on an exclusive basis which shall document your life throughout the period starting on 27/07/2013 and ending on or around 01/09/2013 or such other period as we may advise (the “Production Period”) in accordance with all directions given by the Executive Producer of the Programme or their representative(s) (the “Executive Producer”) on the terms and subject to the conditions set out in this Agreement;
1.1.2 to tell your story openly and honestly and provide your Contribution as one of the main contributors in the Programme all in full and willing co-operation with us including without limitation advising us of your movements in order that we are able to film and record you;
1.1.3 to arrange for us to have, during the Production Period, 3 days but limited to 2 hours per day, to film you, your friends and family, and to use your best endeavours to procure for us during the Production Period exclusive television access to film your friends and family as they go about their day-to-day life and to assist us when necessary and at our request procuring the execution of any consent forms with your friends and family for the above filming for the Programme;
1.1.4 you acknowledge and agree that we may film, videotape and/or record you in your day to day life by means of surveillance cameras, observational cameras or otherwise whether at the locations in which filming is taking place or otherwise during the Production Period;
1.1.5 to provide reasonable personal material to us (e.g. video footage and photographs) and all documentation requested by us for the purposes of verifying the information provided by you to us;
1.1.6 to ensure that all our reasonable instructions are followed to enable all filming to take place promptly and efficiently;
1.1.7 [at the Broadcaster’s reasonable cost and expense and upon reasonable notice, to be available for and commit to actively participate in such marketing, promotional activities as the Broadcaster or we may reasonably require in relation to the Programme from time to time prior to, during and after the Production Period (and in any event for a minimum of five (5) days) on dates and at locations to be agreed in good faith, which may include (without limitation):
(a) voiceover work, stills photography and filming shoots for title sequences, billboards, promotional trailers, behind the scenes material and other elements of the Broadcaster’s press and marketing campaigns;
(b) provision of content, photographs or other materials for “personal profiles” to be created and maintained by the Broadcaster on the Broadcaster’s websites and/or social media sites;
(c) attendance at publicity events, press calls and making other promotional appearances to publicise the Series at the time of transmission; and
(d) participation in interviews with the Broadcaster and/or third party press or media;
1.1.8 to render such other services and/or activities for the Programme as reasonably required by us or the Broadcaster for the Programme.
The terms of clauses 1.1.1 to 1.1.8 shall be referred to in this Agreement as your "Contribution".
1.2 You acknowledge and agree that you are fully aware of the nature, purpose and subject matter of the Programme which you acknowledge has been fully explained to you. You understand and acknowledge that the Programme is an observational documentary series and that the basis of the Programme is to follow aspects of your life during the Production Period.
1.3 You acknowledge that you may be required to participate in filming for the Programme during unsociable hours. You agree that if you are unavailable at any date during the Production Period you will make every effort to inform us as soon as possible.
1.4 You agree that in order to participate in the Programme we may require access to personal and/or medical information and you confirm and give all consents to allow us to access and include this information in the Programme. You agree to provide your full cooperation with regard to any background checks that may be required and agree to complete any background questionnaire forms or authorizations as may be required by us. You further agree to provide us with full details of all names and/or aliases used for any purpose whatsoever at any time and you further agree to execute all necessary authorizations or documents required to permit your medical doctors to release this information and we shall comply with provisions of the Data Protection Act 1998 when processing such information.
1.5 You agree to enter into any terms and conditions required by any location of the Programme and shall observe and abide by such terms and conditions of any other location associated with the Programme before, during and after filming. You further agree and understand that no drugs or illegal substances or use thereof will be tolerated at any time or place during the entire production.
1.6 We shall provide or pay all reasonable pre-approved transportation and subsistence expenses necessarily incurred at our request in the performance of your obligations under this Agreement. We shall have no obligation to reimburse you for any expenses which are not pre-approved or which are not submitted within 30 (thirty) days of completion of filming. In addition we shall pay you a further sum of £XXX as compensation for the time required for your contribution to the Programme such amount to be payable within 30 days of the signature of the commissioning agreement for the Programme between us, and the Broadcaster.
1.7 You acknowledge and agree that you have been given full and sufficient consideration for your Contribution, the product of your Contribution and all rights granted herein (including without limitation rental and lending or cable and satellite re-transmission rights in respect of the Programme) and that no further sums shall be required to be paid to you by us (including our affiliates, licensees, assigns and successors in title) or by the Broadcaster by way of repeat fees, use fees, residuals, royalties or other payments whatsoever.
2.1 You agree that you will not, without our and the Broadcaster’s prior written approval, participate or agree to participate in:
2.1.1 any other television programmes from the date of entering into this Agreement until expiry of the period of six (6) months from or the date of first transmission of the last episode of the Programme (or, if applicable, the last episode any further programming or series connected with the Programme in which such you appear) (“Exclusivity Period”); and
2.1.2 any other media activity (or maintain your own personal social media profiles without the prior written consent of the Broadcaster), until expiry of the period of three (3) months from the date of first transmission of the last episode of the Programme.
2.2 You confirm and agree that we may, upon notifying you in writing prior to the expiry of the Exclusivity Period, enter into an agreement on the same terms as detailed herein to allow us exclusive access and assistance to film a second or subsequent series of the Programme.
3. Copyright and other Rights
3.1 You irrevocably and unconditionally assign to us with full title guarantee (and by way of present assignment of present and future rights) and free from all encumbrances, charges, options, licences or other rights of third parties, all your rights and interests (including intellectual property rights and accrued rights of action) in and to all products of your Contribution herein (including without limitation all performances and literary, dramatic, artistic and musical material contributed by you to the Programme) throughout the world for the full unexpired period of such rights and all renewals, reversions and extensions of such period as may be provided under any applicable law throughout the world. For the avoidance of doubt, you agree that we may exploit the product of your Contribution herein (and all underlying elements therein) in perpetuity worldwide in any and all media (whether now known or hereafter invented).
3.2 You irrevocably and unconditionally waive in perpetuity and agree not to enforce against us or support any action for infringement of any so called moral rights (whether arising under sections 77 to 85 (inclusive) of the Copyright Designs and Patents Act 1988 (the “Act”), as amended and Sections 205C to 205N (inclusive) of the Act or otherwise) that you have or may in the future have in the Programme and/or the product of the Contribution. You confirm that you will not take any proceedings or make any claim in relation to any matter or thing which may constitute an infringement of such moral rights.
3.3 You grant all necessary consents under any and all applicable legislation from time to time (including the Act) to enable us to exploit your Contribution and the products of your Contribution (and all underlying elements therein) in perpetuity worldwide in any and all media (whether now known or hereafter invented).
3.4 You grant us the right to and to authorise others to issue publicity concerning your Contribution and the products of your Contribution and to use your name, professional name, voice, biography and likeness or other representation and photographs of you in connection with the Programme or future series of the Programme including without limitation for advertisement, publicity, promotion and sponsorship of the Programme or any future series of the Programme and any products derived therefrom or based thereon in all media (whether now known or hereafter to be invented).
3.5 You accept that we have the right to (and to authorise third parties to) edit, copy or translate the Contribution as we see fit.
3.6 You acknowledge that we shall have absolute discretion and control over the editorial content of the Programme and to the products of your contribution
3.7 You shall do all such acts and execute all such documents as we may require to vest in or confirm to us or our successors in title and licensees and the copyright and all other rights assigned or granted or purported to be assigned or granted by you to us herein.
4. Warranties You hereby warrant, represent and undertake to us that:
4.1 you are free to enter into this Agreement and are authorised to grant the rights herein and to provide your Contribution to us.
4.2 the rights hereby granted and assigned are vested in you absolutely.
4.3 you shall provide the Contribution conscientiously and in a competent manner as and where required and in full and willing co-operation with such persons as we or the Broadcaster may require;
4.4 the content of your Contribution and any information provided shall be truthful and honest in all respects;
4.5 You shall not wear clothing, accessories or footwear which are branded or have visible logos. If asked to do so by us, you shall immediately remove or change any item of clothing, accessory or footwear. Our decision in this regard shall be final;
4.6 you will not withhold information from us of any material fact (including but not limited to existing medical conditions) that may in our reasonable opinion jeopardise or otherwise impact on the Programme or which might result in publicity adverse to our good name, the Broadcaster or the Programme you agree that should you have anything in your history that would make for negative press or publicity you agree to make us aware of it in order to protect your public interest and our reputation and that of the Broadcaster;
4.7 you will not engage in any conduct that may bring us, the Programme or the Broadcaster into disrepute and you will inform us immediately of any cautions or criminal prosecutions given or brought against you and/or if any of the information you have provided to us pursuant to this Agreement or otherwise becomes incorrect or changes during the Production Period and prior to the first transmission of the last episode of the Programme;
4.8 your Contribution and the products of your Contribution will not (whether by way of inflection or gesture or otherwise) contain any defamatory or blasphemous or racially inflammatory matter or breach any contract or duty of confidence or constitute contempt of court or expose us to any civil or criminal proceedings and you will use your reasonable endeavours to ensure that the Programme does not incorporate any defamatory or blasphemous or racially inflammatory matter nor constitute contempt of court nor breach any provision of any statute or any regulations made thereunder nor expose us to any civil or criminal proceedings. You agree to follow all reasonable instructions of the Executive Producer (or their nominee) in connection with the obligations under this Clause;
4.9 you shall inform us of any information which might call into question the integrity of the Programme;
4.10 you shall not undertake work for any third party if the undertaking of such work would prevent you from properly rendering your Contribution to us herein or otherwise conflict with the obligations to us herein;
4.11 you shall indemnify hold harmless and keep us (including our affiliates and their licensees, assigns and successors in title) and the Broadcaster fully and effectively indemnified against any and all losses, actions, proceedings, costs, claims, damages, expenses (including but not limited to reasonable legal costs and expenses) or liabilities whatsoever suffered or incurred directly or indirectly by and/or awarded against us in consequence of any breach or non-performance or threatened breach or non-performance by you of any of the representations, undertakings, warranties and agreements by you in this Agreement. You hereby expressly acknowledge that this indemnity shall survive the completion of your Contribution herein;
4.12 you agree to comply with our reasonable requests and instructions to enable us to produce the Programme;
4.13 you further represent and warrant as follows:
4.13.1 that you are in sufficient mental and physical health to take part in the Programme;
4.13.2 that you are solely responsible for determining whether you are physically and mentally able to participate in the Programme and have received approval from a medical practitioner to take part in the Programme.
4.14 You agree that we may, at any time, remove or replace any person from the Programme if we determine in our sole discretion that such person is not mentally or physically fit to continue in the Programme and may disclose such reason to other participants or to anyone else.
4.15 In case of an emergency you authorise us to arrange for or provide such medical assistance to you as we deem necessary. You also authorise any licensed physician and/or medical facility and/or paramedics to provide any medical/surgical care of you, including anaesthetics, which such licensed physician/medical facility/paramedics deem necessary, pending receipt of a specific consent from you.
We shall not be under any liability in respect of:
5.1 any claim for loss of publicity or opportunity to enhance your reputation notwithstanding the fact that we may delay or abandon production or exploitation of the Programme or the use of the Contribution (notwithstanding that we may have advertised the same) or terminate this Agreement; or
5.2 any loss or damage to your property whilst in transit to or from or whilst at places where you shall render the Contribution under this Agreement except to such extent if at all as we may be able to enforce a claim under any policy or insurance effected by us; or
5.3 any personal injury, ailment or your death arising out of or in the course of the engagement herein to the extent permitted by law and except to such extent if at all as the same was due to our negligence.
6.1 You agree and understand that we may at our sole discretion withdraw you from the Programme and/or terminate this Agreement with immediate effect if any of the following events occur:
6.1.1 if you fail, refuse or neglect to perform any of the obligations herein or are otherwise in breach of any obligation undertaking or warranty contained in this Agreement and such failure, refusal, neglect or breach is not remedied (if capable of remedy) within 2 days of our written notice to you requiring the same;
6.1.2 if you are unable personally to render your Contribution herein for any reasons (including without limitation if you are incapacitated by drugs/illegal substances or alcohol);
6.1.3 if you shall give public expression to any matter of public, political or social controversy;
6.1.4 if any act or conduct or omission by you shall, in our or the Broadcaster's reasonable opinion, prejudice the production or successful exploitation of the Programme;
6.1.5 if you withhold any information or provide any false and/or misleading/deceiving information and/or make any misrepresentation to us and/or any of our designees herein;
6.1.6 if you shall be convicted of any criminal offence or commit any act of misconduct or neglect whether or not in connection with the provision of your Contribution herein which brings you or the Broadcaster into disrepute or affects the performance of your Contribution herein;
6.1.7 if you shall commit any act or do, or neglect to do anything, the commission or omission of which brings or is intended to bring you, the Programme, us, any of our group companies or the Broadcaster into public disregard or involves us or the Broadcaster in conflict with OFCOM or any other relevant body or any bodies replacing the same; or
6.1.8 if production of the Programme is hindered in any way by government regulation or order, strike, failure of recording or broadcasting facilities, structural defects, satellite failure, location inaccessibility, act of war or terrorism, fire, earthquake, hurricane, storm, lightning strike or similar acts of God, or other cause or causes beyond our reasonable control ("Event of Force Majeure") for more than 5 (five) business days;
and in any such case all our liabilities to you shall forthwith cease.
6.2 We shall also be entitled at any time in our discretion to terminate your engagement on one weeks' written notice without specifying any reason therefor.
6.3 Notwithstanding termination of this Agreement for whatever reason we will remain entitled to:6.3.1 enforce any claim against you arising from any breach of this Agreement that may have occurred before termination; and
6.3.2 all rights granted or assigned to us under this Agreement and the confidentiality provisions herein shall remain in full force and effect.
We shall be entitled to assign the benefit of this Agreement and of your Contribution and all rights and interests in the products of your Contribution herein to any third party and you shall provide your Contribution to such assignee and if required you shall enter into a direct contract with the assignee in substitution for and upon the same terms and conditions mutatis mutandis as this Agreement. We shall remain liable to you for all our obligations under this Agreement notwithstanding any such assignment.
8.1 You will not without our prior written consent either prior, during or after the end of the Term use or knowingly divulge, publish or make known directly or indirectly to any person or persons, media/multimedia outlet or internet site or interactive platform (including without limitation, You Tube, Bebo, Facebook, Twitter, My Space, Yahoo!, MSN or such other social networking sites to be invented) whatsoever:
3.1.1 any information in connection with this Agreement, the Programme, its production and exploitation, your Contribution, any trade secrets, business plans, accounts, affairs, dealings or information relating to us (or any of our parent, subsidiary or associated companies), or to the Broadcaster which you may become aware of as a result of this engagement; and/or
3.1.2 any script, text, rules, picture, design, arrangement, title, device, programme idea or feature wholly or in part derived from or based on any material used or owned by us or any of our parent, subsidiary or associated companies or our or their customers at any time during the continuance of this engagement.
8.2 Matters in the public domain (other than by way of your breach of Clause 8.1 above), disclosure to professional advisers (provided such professional advisers are bound by a duty of confidentiality) and disclosures required by the law are hereby excluded from the confidentiality obligations detailed in Clause 8.1 above.
9. No Obligation to Broadcast
We shall not be under any obligation to televise, broadcast and/or exploit the Programme in respect of which you shall have rendered your Contribution herein and in the event that your Contribution and the products of your Contribution are not so used or if we abandon production or exploitation of the Programme, you acknowledge that you shall have no claim against us or the Broadcaster or any associated companies for loss of opportunity to enhance your reputation.
10.1 You agree that in the event of breach by us of any terms of the Agreement your remedies shall be confined to recovery of any damages only and you shall in no event apply to injunct and/or restrain the production, broadcast, exploitation, promotion or advertising of the Programme and/or any products derived therefrom.
10.2 You shall have no remedy against us or the Broadcaster in the event of any failure to accord you a credit in connection to the Contribution (or any underlying elements therein);
10.3 No variation of this Agreement shall be valid unless it is in writing signed by or on behalf of each of the parties to this Agreement.
10.4 If we shall be delayed in, or prevented from, performing any of the provisions of this Agreement by reason of any Event of Force Majeure then such delay or non-performance shall not be deemed to be a breach of this Agreement and no loss or damage shall be claimed by you from us by reason thereof.
10.5 For the purposes of the Data Protection Act 1998, as amended, you agree to and give your consent to the holding and processing of personal data relating to you in any form including without limitation, data and/or information referred to in clause 1.4 by us, (whether obtained or held in writing, electronically or otherwise).
10.6 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties herein hereby submit to the exclusive jurisdiction of the courts of England and Wales.
Please sign the enclosed copy of this letter to indicate your approval and understanding of and agreement to its terms.
For and on behalf of name of TV company
I hereby undertake to perform all of the obligations set out in this Agreement. I have read the terms contained in this Agreement and I am signing to indicate my approval, understanding and acceptance of its terms.
Signed and agreed by