Recording & Broadcast Policy
(“the Contributor” or “You”)
Samuel Leeds Ltd (and associated companies) of Bentinck House, 3-8 Bolsover Street, London W1W 6AB (“the Company” or “Us”)
1. You agree to the recording and broadcasting of the Contribution and hereby assign to us absolutely with full title guarantee all existing and future rights (including without limitation copyright and performers’ property rights) in such Contribution and all consents necessary to enable us to make full use of the Contribution worldwide in perpetuity in any and all media, whether now known or hereafter developed or discovered, and whether as part of the Contribution or as part of other content owned, controlled or represented by the Company, without payment, liability (save as specifically set out in this agreement) or acknowledgement to you.
2. You acknowledge and agree that we shall be entitled to edit, copy, add to, adapt the Contribution, at our discretion and, in respect of the Contribution, you hereby irrevocably waive in favour of us, our assignees and licensees the benefit of all moral rights and performers’ rights arising under the Copyright, Designs and Patents Act 1988 or similar rights arising under the laws of any jurisdiction.
3. You grant us the right to issue publicity relating to the Contribution, the related video and any other video or any other publication in which it may be included and to use and publish for such purposes the Contribution, your name, photograph or likeness, details about you, your story, recordings of you and interviews with you (recorded or not) for such purposes.
4. We shall comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data. This paragraph is in addition to, and does not reduce, remove or replace, our obligations arising from such requirements.
5. You acknowledge that you understand and agree that we do not undertake to broadcast, exhibit or otherwise exploit the Contribution.
6. You warrant and undertake that:
6.1 you are fully entitled to enter into this agreement and to grant all rights in the Contribution to us and have the legal capacity to enter freely into this agreement with us;
6.2 you are at least 18 years old;
6.3 the Contribution will be genuine and truthful and will not infringe the copyright or any other right of any third party or breach any contract or duty of confidence, data protection law or the Official Secrets Act or other legislation relating to national security, constitute a contempt of court or be obscene, defamatory or blasphemous;
6.4 you shall tell us immediately if any of the information you have given to us, pursuant to this agreement or otherwise, becomes incorrect and requires updating between now and the date of first transmission of the video or first episode of the video(s);
6.5 you shall keep confidential and shall not disclose to any third party any confidential information, photographs or other material relating to the affairs (including but not limited to contributors, clients, associates, suppliers, personnel or family) of the Producer, the Company (including associated group companies) or the Broadcaster, or to the video, or anyone taking part in it which came to your knowledge as a result of your participation in the Contribution or otherwise;
6.6 you shall refer all enquiries from the media, social media and other third parties received by you concerning the Contribution or the video or your engagement under this agreement to us and to refrain from making any public statement or issuing any images in any media worldwide (including on social media platforms such as Facebook and Twitter), “blogs” or other means of self-publication) without our prior written approval;
6.7 you shall not give to any person for publication in any media, nor publish or release on social media yourself, any interview or make or release any statement, photographs or other material relating to you, or containing any interview, performance or other contribution by you relating to or similar to the Contribution without our prior written approval;
6.8 you shall render all such services, appear in and attend any and all activities as we may reasonably require (the nature and content of which you acknowledge has been fully explained to you) in connection with the Contribution and related video(s);
6.9 you shall work such hours as are necessary to fulfil your obligations under this agreement;
6.10 you shall grant to us an exclusive option exercisable by us at any time during the period of 12 months from the first broadcast of the last of the videos in any
media to engage you as a contributor to any follow-up or future episodes of the videos or so-called spin–offs of the videos or other related programme or media exploitation that the Producer may produce, on materially the same terms and conditions as those in this agreement;
6.11 you shall perform your services as Contributor conscientiously and in a competent manner and to the full limit of your skill and ability and comply with all our instructions promptly. In particular, you acknowledge that we shall be filming various aspects of your life and work and you hereby agree to give to, or procure for, us full reasonable access to film you in your home or professional situations, or at premises of our choosing, and to give us all reasonable co-operation for such filming and its preparation;
6.12 you shall perform your services in willing co-operation with such persons as we may require and liaise where necessary with our nominated representative Amelia Sutcliffe or such other representative as we shall confirm to you;
6.13 you shall at all places where the Contribution is filmed, comply with all applicable rules and regulations for the time being in force;
6.14 for the duration of this agreement and indefinitely thereafter, you will not engage in any conduct that may bring us, the video(s) or its broadcaster into disrepute, or make any negative or disparaging remarks about Samuel Leeds or Samuel Leeds Ltd (including any associated group company), their employees, contractors, clients, suppliers, family members or associates, and any affairs relating thereto;
6.15 you shall keep us informed for the duration of this agreement of your whereabouts, address, email address, telephone number and mobile telephone number at all times;
6.16 you shall inform us immediately of any criminal prosecution brought against you after the date of the agreement prior to the first transmission of the last episode of the Video;
6.17 you shall not without our written consent incur any liability on our behalf, including buying goods, nor hold yourself out as being entitled to do so;
6.18 you acknowledge that we shall not be liable for any loss, damage or injury suffered by you in connection with your participation in the Video other than death or personal injury caused by our negligence;
6.19 you shall not without our prior written approval to promote your services on any of our channels or at any of our events.
7 You indemnify us irrevocably against all and any costs, claims, expenses and liabilities (including, without limitation, legal fees and any sums paid on the advice of counsel) resulting from the breach by you of any of your obligations under this agreement.
8 You agree that we may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of our rights under this agreement, provided that we give prior written notice of such dealing to you.
You understand that you will be liable for our losses by way damages in the event that you breach any term of this agreement.
You agree that this agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
You and we irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.