Publishing Release
I hereby agree as follows:
1. I hereby grant to you and your successors, assigns and licensees forever, the non-exclusive, irrevocable and unconditional right to describe, relate, publish, and/or exploit, in such manner as you shall elect, any literary materials or text owned by me or under my control, described above (“Materials”), and/or my likeness, or that of my minor child, personality, actions, and incidents related to, based upon or adapted from or suggested by my life story (“Life Rights”) or that of my minor child, in one or more such book(s) and in or in connection with any exploitation thereof in any manner and in any medium whatsoever, now known or hereafter devised, throughout the universe in perpetuity, and in any advertising and publicity related thereto.
2. In granting the foregoing rights, I warrant that I have not been induced or persuaded to do so by any representation or assurance made by you relative to the manner in which you propose to exercise the rights granted hereunder.
3. a. I represent and warrant that the Materials are non-fiction and that I have the right to enter into this Agreement and to grant, without the consent of third parties, all the rights herein granted insofar as you are concerned; that I have not exclusively granted or assigned or otherwise transferred such rights to any others; and that there are no claims, litigation or other proceedings pending or threatened which could in any way impair, limit or diminish the rights granted to you hereunder. I, on behalf of myself, my successors, heirs and assigns, hereby irrevocably covenant that I will not assert a claim or maintain an action or suit and will not consent to the assertion or maintenance by others of any claim, action or suit (including, but not limited to, claims, actions or suits for invasion of my rights of privacy, rights of publicity, defamation or rights in the nature of “droit moral”) of any kind.
b. I agree to indemnify you and your successors, assigns, heirs and licensees, and hold all such persons or companies harmless from and against any and all liability, losses, damages, costs, expenses (including, but not limited to, attorneys’ fees), judgments and penalties arising out of, resulting from, based upon or incurred because of the breach of any warranty, representation or agreement made by me hereunder. I agree that neither I nor anyone else will have rights to enjoin the publication, exhibition or distribution or exploitation of any book or derivative work based thereon or to terminate or rescind any rights granted to you hereunder.
4. I agree that you shall have the right to edit, change, add to, take from, rearrange, vary, embellish, alter, modify, revise, translate, reformat and/or reprocess the Materials and/or the Life Rights in any manner you may in your sole discretion determine and to use them in any manner as you, in your sole discretion, may determine.
5. I agree that this instrument constitutes my entire agreement and complete understanding and that all prior or contemporaneous promises, understandings and agreements, oral or written, are merged into and included in this written instrument. I agree also that you are under no obligation to make use of any right or privilege that I have granted to you.
6. This Agreement shall bind my heirs, administrators, executors and assigns forever. You shall have the right to assign any or all of your rights hereunder to any person, firm or entity.
7. I give you the foregoing consent and release with the knowledge and understanding that you will incur substantial expense in reliance thereon.