Below is the contract I made with every artist who participated in the STATE OF THE UNION project. Since the project was designed to interrogate my divorce agreement, I felt it was import to have a legally binding document that would in effect mimic the marriage contract, but unlike the marriage contract, publicly contains the property rights conveyed at signing.
STATE OF THE UNION RELEASE
I, _________________________________________________________, agree to participate in STATE OF THE UNION. For good and valuable consideration the receipt of which is hereby acknowledged and agreed, I hereby grant you, your agents, successors and assigns, the right and license to depict, use and simulate, to such extent and in such manner as you determine in your sole discretion, any personal anecdotes, incidents and/or episodes from my life and/or any biographical information about me in connection with development, production, distribution, exhibition, advertising and/or other exploitation of the State of the Union in any and all media, now or hereafter known or devised.
On my own behalf and on behalf of my heirs, executors, administrators, successors and assigns, I hereby release you and your agents, representatives, successors and assigns of and from any and all claims that I may have at present or at any time hereafter, known or unknown, suspected or unsuspected, arising out of or in connection with or in any manner related to the State of the Union or other derivative work based in whole or in part on my Work, or the exercise of any rights granted hereunder, and the promotion, publicizing and advertising of the State of the Union or any derivative work. This release is intended to include, but is not limited to, any claim or claims that I may have arising out of the State of the Union or other derivative work based in whole or in part on my Work or the State of the Union’s or other derivative work’s promotion, publicizing and advertising for libel, slander, defamation or under any civil rights statute or because of the violation of any right of privacy or publicity (statutory or otherwise) including without limitation Section 990 and Section 3344 of the California Civil Code, but not by reason of any breach of this Release.
I agree on my own behalf, and on behalf of my heirs, executors, administrators, successors and assigns, that neither I nor any of the foregoing will make, assert or maintain against you, your agents, representatives, licensees, subdistributors, successors and assigns, any claims, demands, actions, suits or proceedings based on anything contained in the State of the Union or other derivative work based in whole or in part on my Work or any exercise of the rights granted hereunder, including without limitation that the State of the Union or the publicity, promotion, advertising, exploitation, distribution or exhibition of the State of the Union or other derivative work based in whole or in part on my Work, libels, slanders or defames me or violates any of my civil rights or rights of publicity or privacy, including without limitation Section 990 and Section 3344 of the California Civil Code.
In agreeing to release claims which may arise in the future, I hereby waive the benefits of Section 1542 of the Civil Code of the State of California which provides that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
All rights granted and agreed to be granted by me to you hereunder shall be irrevocably vested in you and shall not be subject to rescission by me or any other party for any cause, including without limitation any breach or alleged breach by you of this Release. I acknowledge that in the event of a breach of any of your obligations hereunder the damage (if any) caused to me thereby is not irreparable or otherwise sufficient to give rise to a right of injunctive or other equitable relief and that my rights and remedies in the event of such a breach shall be limited to the right, if any, to recover damages in an action at law. This agreement shall be subject to the laws of the State of California applicable to agreements entered into and to be wholly performed therein, can only be amended in writing, and superceded all prior agreements, whether written or oral, with respect to the subject matter hereof. I acknowledge that you have explained to me that this Release has been prepared by your attorney and that you have recommended to me that I consult with my attorney in connection with this Release, and that I have either consulted with an attorney of my own choosing or have voluntarily chosen not to do so.
AGREED TO AND ACCEPTED: