Thank you for agreeing to participate as an beta tester for the Book, TV Series and Film entitled “Ghost Heart” for New Forest Films Limited.
THESE ARE THE TERMS AND CONDITIONS UPON WHICH YOU ARE AGREEING WITH PRODUCER TO PARTICIPATE AS A BETA TESTER FOR THE BOOK, TV AND FILM SERIES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE AGREEING TO THEM AS THEY REPRESENT A LEGAL AGREEMENT BETWEEN US AND YOU WILL BE BOUND BY THEIR TERMS.
The following definitions shall apply throughout this agreement:
“Book” - The series of books provisionally entitled “Ghost Heart” including all concepts, prototypes, versions and parts thereof and all extras, bonus, promotional and other material related to it.
“TV Series” - The TV series provisionally entitled “Ghost Heart” including all concepts, prototypes, versions and parts thereof and all extras, bonus, promotional and other material related to it.
“Film” - The series of films provisionally entitled “Ghost Heart” including all concepts, prototypes, versions and parts thereof and all extras, bonus, promotional and other material related to it.
“Producer”, “we” or “us” (including all our assignees and licensees) - New Forest Films Limited.
This agreement confirms the understanding between you and us relating to your participation as an beta tester for the Book, TV Series and Film and to all feedback and ideas, contributions and the products of all services given and to be given by you in any medium or method and/or recorded by us for the purposes of the Book, TV Series and Film and/or otherwise related thereto (whether or not actually used) (“the contribution") which we propose but do not undertake to use, exhibit and/or otherwise exploit.
You agree to review and give us your responses and reactions to the drafts, concepts, prototypes and other material for the Book, TV Series and Film as this is shown to you to the best of your ability and to the recording of the contribution and agree that Producer will be the exclusive owner of the results and proceeds of the contribution and all such recording. You hereby grant to Producer all consents necessary or desirable under the Copyright Designs and Patents Act 1988 (as amended) or otherwise to enable us to exploit and make the fullest use of the contribution in the Book, TV Series and Film and in any other work goods and services of any kind (and in the promotion thereof) throughout the universe in perpetuity by any and all means in any and all media, whether now known or hereafter developed or discovered, an unlimited number of times without liability or acknowledgement to you. You hereby grant Producer the right to use and reproduce your name and recordings in the Book, TV Series and Film and to issue publicity concerning the contribution and any Book, TV Series and Film goods and services in which it may be included. To the extent you have any copyright or other rights of any kind (including but not limited to rental and lending rights and performers’ property rights) in the contribution and/or the Book, TV Series and Film, you hereby irrevocably assign them to Producer absolutely with full title guarantee free of all liens charges and other encumbrances and third party rights throughout the universe for the full period of such rights including without limitation all reversions, revivals and extensions thereof, and thereafter in perpetuity including by way of present assignment of future copyright and other future intellectual property rights.
The Producer shall accord you (with others) a Special Thanks credit (“Credit”) in the Book and end titles of the TV Series or Film and on all positive copies of the Book, TV Series and Film produced by or under the direct control of the Producer. No inadvertent failure by the Producer or refusal by any third party to accord you a Credit shall constitute a breach of this agreement by the Producer and you shall not be entitled by reason of such failure or refusal to restrain the exploitation of the Book, TV Series and Film or any other product created by the Producer or its assignees or licensees.
You agree and warrant that the Credit to be accorded to you by the Producer hereunder represents a complete buyout in full and complete satisfaction of our obligations to you and any third parties in relation to the contribution and includes full, equitable and adequate consideration for all rights assigned to Producer hereunder and the exploitation of such rights by Producer.
In recognition of the needs of Book, TV Series and Film production, Producer shall be entitled to edit, copy, add to, take from, adapt or translate the contribution as we see fit and, in respect of the contribution, you irrevocably waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction whether as author, director and/or performer.
You warrant and undertake to us that the contribution is original, that nothing in the contribution (whether by way of inflection or gesture or otherwise) or our use of it will violate any law or infringe the copyright, intellectual property rights or any other right of any person, or breach any contract or duty of confidence or right of privacy or be defamatory and that all statements expressed by you in the contribution are, to the best of your knowledge and belief, true.
In the event of any breach of this agreement by Producer and in the absence of Producer’s fraud, your remedy shall be an action at law for damages, if any actually suffered, and you shall not have the right to rescind this agreement or terminate the rights granted in this agreement or to enjoin or injunct the Book, TV Series and Film or any other goods or services in which the contribution is incorporated or the exploitation thereof or any allied and ancillary rights therein.
You warrant that you have been informed of the subject matter of the Book, TV Series and Film and agree that you will not make, and you hereby waive, any claim against Producer or any other party arising from or based on any use or exploitation of the contribution and/or the Book, TV Series and Film and/or any other work goods or services in which the contribution is incorporated, whether or not such use is or is claimed to be defamatory, an invasion of privacy, a breach of confidence, an infringement of copyright or trademark or other intellectual property right or untrue or derogatory in nature or otherwise howsoever.
You agree that you shall not at any time either personally or by other means make any statement or disclose any information to any third party relating to the Book, TV Series and Film or the general affairs of the Producer or any broadcaster, financier or distributor in connection with the filming and/or the recording of the contribution hereunder.
You will indemnify the Producer against all claims, losses, costs (including legal costs of external legal advisors), awards, damages, actions and proceedings incurred or suffered by the Producer as a result of any breach or alleged breach by you of any of your obligations, warranties or other terms contained in this agreement.
This agreement (and the rights granted in it) may be freely assigned or licensed by us.
Nothing in this agreement shall be deemed to constitute a relationship of employment, joint venture or partnership between you and the Producer.
This agreement shall be governed by and construed in accordance with English law and the English courts will have exclusive jurisdiction to decide any dispute arising in relation to it.