CFEG Location & Property Media Release
Film/Video production location agreement · U.S. Virgin Islands · Governed by USVI law.
Producer: Blue Tarp Productions, LLC ("BTP") for Center for Educational Growth, Inc. ("CFEG") — Film Over Gun Violence Program ("FOGV") (collectively, the "Producer"). Governing Law: U.S. Virgin Islands.
The person signing below ("Owner") owns or controls the property described in this form (the "Property") and, in exchange for the opportunity to have the Property appear in the production and other good and valuable consideration, agrees as follows.
Released Parties. "Released Parties" means CFEG, BTP, and any Production Company named above, and the FOGV program; the cast, crew, employees, agents, contractors, and invitees of the production; and each of their respective parents, subsidiaries, affiliates, successors, assigns, licensees, sublicensees, distributors, exhibitors, broadcasters, streamers, platforms, financiers, sales agents, officers, directors, and volunteers.
PART A — GRANT OF RIGHTS
A1 Permission to enter and film. Owner grants the Producer and its cast, crew, employees, agents, contractors, and invitees the right to enter and use the Property on the date(s) above (and reasonable additional or make-up dates on mutual agreement) to prepare, photograph, film, record, and light scenes, and to place and operate cameras, lighting, sets, props, vehicles, and equipment on the Property.
A2 Worldwide media and use rights (comprehensive). Owner irrevocably grants the Released Parties the perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right and license to use, reproduce, edit, cut, adapt, alter, add to, subtract from, fictionalize, dub, subtitle, composite, create derivative works from, synchronize, publicly perform, publicly display, exhibit, broadcast, transmit, stream, publish, market, advertise, distribute, sell, license, monetize, and otherwise commercially and non-commercially exploit all photographs, film, video, and audio shot at the Property (the "Footage") and any depiction of the Property (including its interior, exterior, grounds, and any signage or features incidentally captured), in the production and any derivative works, and in trailers, advertising, publicity, promotional, educational, festival, and archival materials, in any and all media and formats now known or later developed, throughout the world, in all languages, in perpetuity, with no restriction of any kind except Section A5. The Released Parties may assign, transfer, or sublicense these rights, in whole or in part, to any third party without further notice to, consent from, or compensation to Owner.
A3 Brand elements and signage. If any name, logo, signage, trade dress, or other brand element of the Property is captured, Owner grants the Released Parties an irrevocable, royalty-free, perpetual, worldwide license to use and modify it as incorporated in the Footage, production, and related marketing, and represents it may do so.
A4 Ownership; no approval. The Producer owns all right, title, and interest in the Footage and the production. Owner has no ownership interest in, and waives any right to inspect or approve, the Footage, the production, or any advertising, promotional, or distribution use.
A5 No false endorsement. The Producer will not knowingly use the Footage to state or imply an endorsement by Owner that does not exist, or in a manner that is defamatory. Nothing in this Release limits the Producer's editorial control or truthful depiction of the Property.
PART B — OWNER REPRESENTATIONS AND AUTHORITY
B1 Authority and ownership. Owner represents and warrants that Owner owns or controls the Property and has full authority to grant this Release; that Owner has obtained any necessary consent of co-owners, tenants, mortgagees, or lienholders; that no other person has rights that conflict with this grant; and that this Release does not violate any agreement, law, or order to which Owner is subject.
B2 No clearances; no conflicting liens. Owner represents that no third-party consents or clearances are required for the Producer to use the Footage as contemplated (including for artwork, trademarks, or trade dress visible on the Property), except as Owner has disclosed to the Producer in writing, and that the Property is free of liens or restrictions that would limit the Producer's use or exploitation of the Footage.
PART C — RELEASE, ASSUMPTION OF RISK, WAIVER, AND INDEMNIFICATION
C1 Owner's release and covenant not to sue. To the fullest extent permitted by U.S. Virgin Islands law, Owner — on behalf of Owner and Owner's heirs, family, guests, invitees, representatives, successors, and assigns — releases, waives, and discharges the Released Parties from, and covenants not to sue them for, any and all claims, demands, liabilities, damages, costs, and causes of action of any kind, in law or equity, known or unknown, arising out of or related to the production's presence or activities on or about the Property, including personal injury (including death), property damage, business interruption, nuisance, trespass, and any depiction or use of the Property or Footage, including claims arising from the ordinary negligence of any Released Party.
C2 Assumption of risk. Owner understands the production involves cast, crew, equipment, lighting, rigging, cables, generators, electrical power, vehicles, and related activity on the Property, and knowingly and voluntarily accepts and assumes all risks of injury, death, and property damage to Owner and Owner's guests, invitees, and property arising from or related to the production, whether or not arising from the ordinary negligence of the Released Parties.
C3 Owner's indemnification. To the fullest extent permitted by law, Owner shall defend, indemnify, and hold harmless the Released Parties from any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to (a) Owner's breach of any representation or obligation in this Release; (b) the physical, structural, environmental, or other condition of the Property, including any unsafe, defective, or hazardous condition not caused by the Producer; (c) any injury to any person or damage to any property on or about the Property that is not caused by the Producer's own conduct; (d) any claim that Owner lacked authority or that a third party has conflicting rights in the Property; and (e) any lien, encumbrance, or restriction Owner failed to disclose.
C4 Limitation of Producer's exposure. This release does not apply to gross negligence, recklessness, or willful or intentional misconduct, or to any liability that U.S. Virgin Islands law does not permit to be released. To the fullest extent permitted by law, the Released Parties' total aggregate liability arising out of this Release or the use of the Property will not exceed the consideration paid to Owner (or US $100 if none), and in no event will the Released Parties be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or for lost profits, lost use, or business interruption. Nothing here waives any right that cannot be waived by law.
C5 Care of Property; sole remedy. The Producer will use reasonable care and will remove its own equipment, sets, and materials at wrap. The Producer is responsible only for direct physical damage to the Property actually caused by the Producer's personnel, and is not responsible for pre-existing conditions, ordinary wear, latent defects, weather, or the acts of Owner or third parties. Any such Producer responsibility is subject to the limitation in Section C4 and is Owner's sole and exclusive remedy. Any alteration the Owner agrees in writing may remain becomes Owner's property at no cost to the Producer.
PART D — NO INSURANCE, BOND, OR WORKERS' COMPENSATION REQUIRED
D1 No coverage required. The Producer is NOT required to obtain or maintain, and makes NO representation regarding, any commercial general liability insurance, workers' compensation insurance, bond, or additional-insured status for the use of the Property. Owner waives any requirement of insurance, a certificate of insurance, or additional-insured status, and acknowledges that the Producer is relying on this waiver.
D2 Risk allocated by release, not insurance. In place of any insurance or coverage requirement, the parties rely on the grants, releases, waivers, assumptions of risk, indemnities, and liability limitations in this Release as the complete and agreed allocation of risk between them. Each party is solely responsible for its own personnel, property, taxes, and any coverage it chooses to carry.
D3 No employment; no benefits. The Producer and its cast, crew, and personnel are not employees, agents, or representatives of Owner, and nothing here creates any employment, agency, partnership, or joint-venture relationship. Owner has no responsibility or duty to provide any benefit, protection, coverage, workers' compensation, or funding of any kind for the Producer's personnel, and the Producer is solely responsible for its own personnel and equipment.
PART E — GENERAL
E1 No injunction; no interference. Owner acknowledges that the rights granted are irrevocable and that Owner will have no right to enjoin, restrain, or otherwise interfere with the production, distribution, exhibition, or other exploitation of the production or the Footage, and Owner's sole remedy for any claim is an action at law for money damages subject to Section C4.
E2 Further assurances. Owner will execute additional documents reasonably requested by the Producer, a distributor, sales agent, or errors-and-omissions insurer to confirm, evidence, or perfect the rights granted here.
E3 No obligation; no additional compensation. The Producer is not obligated to use the Property or the Footage. Except as expressly stated, no additional compensation, royalty, or residual is due for the rights granted.
E4 Governing law; venue; misc. This Release is governed by the laws of the U.S. Virgin Islands, and any dispute will be brought exclusively in the courts located in St. Croix, U.S. Virgin Islands. It is intended to be as broad and inclusive as U.S. Virgin Islands law permits; if any provision is held unenforceable, the remainder stays in effect and the provision will be modified only to the extent necessary to be enforceable. This Release binds and benefits the parties and their heirs, successors, and assigns; the Producer may freely assign it, and Owner may not assign without the Producer's consent; it is the entire agreement on its subject matter; and it may be signed in counterparts, including electronically. Electronic acceptance and electronic signatures are valid and binding under the E-SIGN Act, UETA, and applicable U.S. Virgin Islands law.
PART F — LOCATION CREDIT & RECOGNITION (CONSIDERATION TO OWNER)
In exchange for this Release, and as a material part of the consideration to Owner, the Producer agrees to provide the Property/location credit and recognition as set out below. Owner acknowledges this credit and recognition is good and valuable consideration for the rights granted in this Release.
F1 On-screen location credit. Where the Property is used in the finished production, the Producer will accord the Property a courtesy on-screen credit — for example, "Filmed on Location at [PROPERTY / VENUE NAME], U.S. Virgin Islands" — in the end credits of the production, in the Producer's customary size, style, and placement.
F2 Marketing, premiere, and publicity recognition. The Producer will use commercially reasonable efforts to recognize and acknowledge the Property/location as a filming location in connection with the production's marketing, promotion, advertising, publicity, press, social media, festival submissions and screenings, premieres and premiere events, and other promotional materials, in the territories and media where the production is marketed, premiered, exhibited, or distributed, worldwide.
F3 Owner-provided credit details. Owner will provide the exact name, spelling, logo, or social handle it wishes used for the credit and recognition; absent that, the Producer may use the Property or venue name as reasonably identified. Any use of an Owner logo, trademark, or trade dress is under the brand-elements license granted in this Release.
F4 Form of credit; discretion; no breach for omission. The form, size, placement, duration, and prominence of all credit and recognition are in the Producer's reasonable discretion and subject to customary industry practice and to technical, space, platform, festival, broadcaster, and distributor limitations. A casual or inadvertent failure to provide, or any third party's failure to include, credit or recognition is not a breach of this Release. Owner's sole remedy for any failure to accord credit is prospective correction on a going-forward basis to the extent reasonably practicable, and Owner waives injunctive relief and damages for any credit or recognition failure. Nothing in this Part obligates the Producer to use the Property or to complete, release, market, or exhibit the production.
