PRERECORDED PRESENTATIONS USE AND SALE AGREEMENT
THIS AGREEMENT is hereby entered into on this ………………day of …….……………. Two Thousand and ……………………………
BETWEEN
1.[Your Company Name], located at [Your Business Address] hereinafter referred to as the (“Company”)
AND
- XXX owned by XXX and located at XXX hereinafter referred to as the (“Content Provider”), collectively referred to as the “Parties.
RECITALS
WHEREAS, the Content Provider possesses certain rights and materials related to the Lifesteading Concept, including interview footage, images, and information (collectively referred to as the “Materials”).
WHEREAS, the Company desires to obtain the perpetual rights to utilize the Materials for marketing and sales purposes related to the “Lifesteading Summit.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the Parties agree as follows:
- PURPOSE:
3.1 The purpose of this Agreement is to grant the Company perpetual rights to utilize the Lifesteading Concept and its related web properties, as well as the interview footage, images of the Content Provider, and the information provided by the Content Provider in the interview, for marketing and sales purposes related to the “Lifesteading Summit.”
- GRANT OF RIGHTS:
4.1 Content Provider hereby grants the Company a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, distribute, publicly display, and publicly perform the interview footage, including any associated images of the Content Provider, and the information provided by the Content Provider in the interview (collectively referred to as the “Materials”).
4.2 The Company is granted the right to utilize the Materials for marketing and sales purposes specifically related to the “Lifesteading Summit.” This includes, but is not limited to, promoting the Event, advertising the Materials, and offering them for sale to the Company’s audience.
4.3 The granted rights encompass all broadcast channels utilized by the Company, including but not limited to Facebook, Instagram, YouTube, email, and web marketing.
4.4 The rights granted to the Company also extend to any cooperating entities or partners involved in the marketing and sale of the Lifesteading Summit course, allowing them to utilize the Materials for promotional and sales activities.
4.5 The rights granted under this Agreement include the right to modify, edit, and adapt the Materials as necessary for marketing and sales purposes, provided that such modifications do not distort the original intent or message conveyed by the Content Provider.
4.6 The Company acknowledges that the rights granted herein are non-exclusive, meaning that Content Provider retains the right to use and distribute the Materials for their own purposes or grant similar rights to other parties.
4.7 The granted rights shall continue in perpetuity unless terminated in accordance with the terms of this Agreement.
4.8 The Company shall have the right to sublicense the granted rights to third parties, solely for the purpose of marketing and selling the Lifesteading Summit course, provided that such sublicensees agree to be bound by the terms and conditions of this Agreement.
4.9 Content Provider represents and warrants that they have full authority and ownership of the Materials, and that the exercise of the rights granted herein does not infringe upon the rights of any third party.
4.10 Content Provider agrees to indemnify and hold the Company harmless from any claims, damages, or liabilities arising out of or related to any alleged infringement or unauthorized use of intellectual property rights in connection with the Materials.
4.11 This grant of rights does not include the transfer of any ownership or intellectual property rights of the Materials to the Company. The Company acknowledges that Content Provider retains all ownership rights, including copyright, in and to the Materials.
4.12 The Company agrees to provide attribution to the Content Provider for their contributions whenever reasonably practicable and appropriate.
- INTELLECTUAL PROPERTY CLAUSE:
5.1 The Content Provider represents and warrants that they are the rightful owner or have obtained all necessary rights, licenses, and permissions regarding the Materials provided to the Company.
5.2 The Content Provider agrees to indemnify and hold the Company harmless from any claims or liabilities arising from any intellectual property infringement related to the Materials.
5.3 The Company acknowledges that the ownership of the Materials, including any copyrights or other intellectual property rights, remains with the Content Provider, and nothing in this Agreement shall be construed as transferring such rights to the Company.
- CONFIDENTIALITY CLAUSE:
6.1 Both Parties acknowledge that during the course of their collaboration, they may have access to confidential or proprietary information of the other Party. The Parties agree to maintain strict confidentiality and shall not disclose, directly or indirectly, any confidential information to any third party without the prior written consent of the disclosing Party, except as required by law. This obligation of confidentiality shall continue even after the termination of this Agreement. The Parties further agree to take all necessary measures to protect the confidentiality of the information and to prevent unauthorized disclosure.
- TERMINATION:
7.1 This Agreement shall remain in full force and effect indefinitely unless terminated by either Party in writing.
7.2 Either Party may terminate this Agreement for material breach by providing written notice to the other Party.
- DISPUTE RESOLUTION:
8.1 Any dispute arising out of or relating to this Agreement shall be resolved through mediation administered by the American Arbitration Association in accordance with its Commercial Mediation Procedures. If the dispute cannot be resolved through mediation, the parties agree to submit to the exclusive jurisdiction of the courts located in Idaho.
- GOVERNING LAW:
9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho.
- ENTIRE AGREEMENT:
10.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between them.
- AMENDMENT:
11.1 This Agreement may be amended or modified only by a written instrument executed by both parties.
- BINDING EFFECT:
12.1 This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
- COUNTERPARTS:
- 1 This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
SIGNED by the parties: )
……………………………. ) _________________
(YOUR COMPANY NAME – COMPANY) Signature
Date: ……………………….
AND
……………………………….. )_________________
(XXX- SERVICE PROVIDER) Signature
Date: ……………………….
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