This Content Release confirms that you and the company noted above (hereinafter “you” or “your”) grant to ID8, a 501(C)(3) nonprofit organization, its past, present and future Board members, officers, employees, agents, producers, distributors, contractors, agents, partners, licensees, successors or assignees (hereinafter, collectively, “ID8”) your consent to use the above-mentioned content (the “Content”) in "The 100TH, Seeds of Aloha," a documentary film project (the “Project”).
Your consent includes the right to use the Content in the Project and in connection with the distribution, exhibition and exploitation thereof in all media, now known or hereafter developed, in perpetuity throughout the universe, including without limitation in the advertising, marketing publicity and promotion thereof. You understand and agree that ID8 shall have no obligation to use the Content.
You warrant and represent that (i) you are the owner (or authorized representative of the owner) of the rights granted herein, the person signing this letter on your behalf has actual authority to bind the company, and the consent of no other person or entity is required, (ii) the use of the Content set forth herein will not violate or infringe any rights or interests of any third party(ies), and (iii) you (or anyone acting on your behalf) have not paid or accepted, and shall not pay or accept, anything in exchange for the inclusion of any plug, reference or product identification or any other matter in the Project. You agree to indemnify and hold harmless ID8 from and against any and all claims, suits, actions, damages, liabilities, costs and expenses, including reasonable outside counsel fees, arising out of your breach of the warranties and representations herein.
You hereby waive the right to seek or obtain equitable or injunctive relief that would affect in any way the distribution, exhibition, and other exploitation of the Project. This letter constitutes the entire agreement between the parties with respect to the subject matter herein, supersedes any prior correspondence or agreements (whether written or oral) with respect to such subject matter, and shall be amended only by a written document signed by both parties. No handwritten comments or other interlineations on this letter shall be valid or enforceable. This consent and grant of rights is irrevocable and you acknowledge that ID8 is proceeding in reliance thereon.
