|Please print this release form out, read, sign and return with photocopies of
|VIDEOTAPE LICENSE AND RELEASE AGREEMENT
The undersigned, ____________________________________ ("Licensor") has
submitted to HFT, Inc. ("HFT") certain excerpts of erotically themed
video owned by Licensor (the "Video"), which are specifically
described in Exhibit "A" attached hereto and incorporated herein by
2. For valuable
consideration, receipt of which is hereby acknowledged by Licensor.
Licensor hereby irrevocably licenses and grants to HFT and its
successors, licensees and assignees the exclusive right to
manufacture, distribute, perform, display, promote advertise, market,
sell, rent, and exploit the Programs and portions thereof throughout
the universe in perpetuity in all languages in all media now known or
hereafter developed, including, without limitation, all forms of
television (free, pay, basic cable, pay-per-view and otherwise), all
forms of computer assisted media (including, without limitation, all
forms of configurations of optical and/or magnetic storage, whether
transmitted on a local player or from a remote location, and whether
played through a computer, a television set or any other display
device) and all forms of theatrical and non-theatrical exhibition.
Licensor hereby grants HFT the right to change, add to,
take from, translate, reformat or reprocess the Video in any manner for
use in connection with the Programs as HFT may in its sole
determine. To the fullest extent allowable under the applicable law,
Licensor hereby irrevocably waives and assigns to HFT Licensor¹s
so-called "moral rights" or "droit moral". Licensor expressly
acknowledges that many parties will contribute to the Programs and
other works that may embody all or part of the Video.. Accordingly, if
under any applicable law the above waiver or assignment by Licensor of
"moral rights" or "droit moral" is not effective, then Licensor agrees
to exercise such rights in a manner which recognizes the contribution
of and will not have an adverse affect upon such other parties.
3. Notwithstanding the foregoing, HFT will have no obligation to complete, distribute, exhibit or exploit the Programs (or any portion thereof) or to use the Video therein in whole or in part or to make any other use of the Video. Licensor acknowledges that HFT's decision on all discretionary matters, including, without limitation, selection of the videos used in the Programs and the awarding of prizes shall be final.
(b) Licensor is the sole and exclusive owner of all rights in and to the HFT, including without limitation all rights of copyright.
(c) Licensor has not heretofore granted or assigned, and will not hereafter grant or assign, any right, title or interest in or to the Video to any person, firm, corporation or other entity other than HFT.
(d) There are no liens or encumbrances on the Video and no claim or litigation is pending or threatened with respect thereto.
(e) No portion of the Video will violate, infringe upon, or give rise to any adverse claim with respect to, any common law or other right whatsoever (including, without limitation, any copyright, trademark, literary or dramatic right, right of privacy or publicity or contract right) of any person, firm or corporation, or violate any other applicable law. Licensor is the sole author of the Video, the Video are wholly original with Licensor and not copied from any other work in whole or in part.
5. Licensor agrees to execute at Video's request any and all additional documents or instruments and to do any and all things necessary or desirable to effectuate the purpose of this agreement.
6. HFT shall have the right at any time to assign or otherwise transfer this agreement, in whole or in part, or any or all of HFTs rights or obligations hereunder. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, licensee and assigns. This agreement may not be modified except by an instrument in writing signed by both parties hereto. No waiver of any term or condition of this agreement shall be construed as a waiver of any other term or condition, nor shall any waiver of any default under this agreement be construed as a waiver of any other default.
7. Licensor represents that the Videos do not contain any mention or "plug" or any commercial product or service, and that the Licensor has not accepted any money or other valuable consideration in connection with Licensor's involvement with the Video or the inclusion of any material in the Video. Licensor acknowledges that it is a federal offense punishable by fine and/or imprisonment to accept any valuable consideration for inclusion of any material in the Videos without disclosure to HFT. Licensor acknowledges that it is also a federal offense punishable by fine and/or imprisonment to rig the outcome of the program with the intent to deceive the viewing public or to accept any special or secret assistance in connection with any program. Licensor has not and will not participate in any such act and will immediately notify HFT if anyone induces Licensor to do so. .
8. LICENSOR REPRESENTS AND WARRANTS AND CERTIFIES UNDER PENALTY OF PERJURY THAT ALL PERSONS APPEARING IN OR CONNECTED WITH THE PRODUCTION OF THE CLIPS WERE AT THE TIME OF PRODUCTION 18 YEARS OF AGE OR OLDER, THAT THE IDENTIFICATION PRESENTED FOR SUCH PERSONS IS AUTHENTIC AND UNALTERED, AND THAT ALL ACTIONS SUCH PERSONS HAVE PARTICIPATED IN ARE VOLUNTARY AND WITH THEIR FULL UNIMPAIRED CONSENT. LICENSOR WILL FURNISH COPIES OF ALL MODEL RELEASES AND IDENTIFICATION TO LICENSEE AND AT ANY TIME UPON LICENSEE¹S REQUEST WILL MAKE AVAILABLE THE ORIGINALS FOR INSPECTION BY LICENSEE.
9. This agreement shall be governed by the laws of the state of California applicable to agreements made and fully performed in California. This agreement contains the complete understanding of the parties, supersedes all prior oral and written agreements and may be modified only by a written agreement executed by the parties. No representation has been made to Licensor by or on behalf of HFT except as expressly set forth in this agreement. If any action is brought by either party against the other in connection with the subject matter of this agreement, the prevailing party shall be entitled to recover reasonable attorney¹s fees.
The undersigned have executed this agreement as of the dates written below.
Please add additional signature lines if
Licensor consists of more than two people.
P.O. Box 371631
San Diego CA 92137