RELEASE AND WAIVER AGREEMENT
This RELEASE AND WAIVER AGREEMENT (the “Agreement”) is made and entered into as of this ___ day, ________________, 200__, by DOREEN HOUSTON, (the “Author”), and ________________________________, an individual (the “Contributor”). The Author and the Contributor are each a “Party” and are referred to herein collectively as the “Parties”.
RECITALS
WHEREAS, the Author intends to compile and compose a factually based literary work (the “Literary Work”) for publication and profit; and
WHEREAS, the Author has expressed her interest in using and fictionalizing a portion of the Contributor’s anecdotal stories, personal stories, personal information, history and material (the “Contributed Information”) in the creation of the Literary Work; and
WHEREAS, the Contributor has consented to the inclusion of his/her Contributed Information in the Literary Work; and
WHEREAS, the Parties desire to enter into this Agreement of release, consent and authorization for the use of the Contributed Information.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, the sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. Consent and Authorization for the use of Contributed Information
(a) The Contributor hereby gives the Author, as well as her collaborators, publishers, editors, distributors, sponsors, and/or assignees (“Related Parties”) involved in the display, reproduction, publication, translation, promotion or dissemination of the Literary Work, the right and permission to include therein, the Contributed Information, including but not limited to, personal history, personal stories, anecdotes, examples, lessons, etc., including the right to combine such Contributed Information in whole or in part with other contributed information provided by other contributors.
(b) Unless prior written consent is given, the Author shall not use the Contributor’s real name.
2. Payment for Selected Contributed Information. In the event Author includes all or a portion of the Contributed Information in the Literary Work, Author will pay Contributor a single payment in the amount of Ten Dollars ($10.00).
3. Release and Waiver
(a) The Contributor hereby agrees to indemnify and hold harmless the Author and all Related Parties connected with the reproduction of his/her Contributed Information, as well as any fictionalization or creative license that the Author may apply in the course of said use.
(b) The Contributor hereby waives any right he/she may have to inspect and/or approve the Author’s use of the Contributed Information or the Literary Work.
(c) The Contributor agrees that there will be no remuneration in exchange for the use of his/her Contributed Information in the Literary Work.
(d) The Contributor further releases the Author and Related Parties from any and all present and future claims that he/she may have to any profits or royalties the Literary Work may earn.
(e) The Contributor releases any claims he/she may currently have in common law copyright on the Contributed Information given to the Author for use in the Literary Work. The Contributor also warrants that he/she does not currently own a federal copyright on the Contributed Information. The Contributor grants the Author the right to copyright the Contributed Information in the Author’s or Related Parties’ names, if used in the Literary Work and agrees not to separately register his/her copyright in the Contributed Information as a “contribution to the collective work.”
(f) The Author may collect personal information about the Contributor. Any Contributed Information provided by such Contributor may be used by the Author or her Related Parties as they may determine, without any compensation or consideration to the Contributor. Further, by a Contributor submitting Contributed Information, such user grants the Author and her Related Parties the right to review, categorize, reproduce, and modify such content. The Author is under no obligation to use the Contributed Information in the Literary Work.
4. Successors and Assigns. This Agreement shall be binding upon the Parties, and their respective successors and assigns.
5. Acknowledgment. In executing this Agreement, each of the undersigned acknowledges that they have read this entire Agreement and understands the terms contained in it.
6. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or in writing, with respect to the matters described herein.
7. Further Assurances. Each party hereto agrees to take such other actions as may be necessary or reasonably requested by any other party in order to effectuate the terms of this Agreement.
8. Termination or Amendment. Neither this Agreement nor any of its provisions may be changed, waived, discharged or terminated, except by an instrument in writing signed by the Party against whom enforcement of the change, waiver, discharge or termination is sought.
9. Covenant Not to Sue. The Contributor agrees never to countenance, aid in any way, prosecute, or cause to permit to be commenced, any action or proceeding at law or in equity based upon any of the rights and claims, obligations and liabilities released and discharged above. If any such action or proceeding is instituted, this Agreement may be pleaded as a full and complete defense thereto.
