1. In consideration of my submission to Opera Omaha and Nebraska Writers Collective (NWC) Poetry & Music Project “Project”, without compensation, I hereby grant permission to Opera Omaha and NWC to capture the Project, my physical likeness, voice and other sound, and the work created by me for this Project, including full length performances, by way of photography, audio, audio/video, film, other electronic media, or by any other mechanical, magnetic, or digital means during the rehearsals, performances, recording sessions, and any other events related to the Project. I grant full license to Opera Omaha, NWC, project partners, and the Composer to use such photographs and recordings for archival, educational, documentary, fundraising, or publicity purposes through the medium of print, film, television, radio or digital media, internet, webcast, podcast, or any other kind of viewing screen including images created on film, video tape, or any other form of mechanical electric distribution. If any of my performance(s) or portions thereof, in either audio or visual format (or both), appear in Opera Omaha and/or NWC material produced for educational, or promotional use, as additional consideration I will receive one (1) copy of said material, at no cost to me other than the cost of shipping and handling in delivering the material to me. Opera Omaha, and/or NWC, archival or promotional footage or other materials may also be made available to me for a reasonable duplication fee and the cost of shipping and handling, subject to the terms and restrictions of all relevant union, licensing, fee and lease agreements.
2. I grant full license and rights to Opera Omaha and NWC to use my work for performances of the Project presented before a live audience under the control, license, or assignment of Opera Omaha and NWC pursuant to the terms and conditions set forth in this Agreement. Except for the limited rights granted to Opera Omaha and NWC herein, Poet retains all rights in the original works (the “Poem”), including copyright and the performance rights in future performances of the Poem other than the performance(s) for the Project.
3. If my Poem is selected to be set to music, I agree to grant full license and rights to the Composer to use my Poem for performances of their completed composition for this Project and other future performances of the Composer’s Work. The Composer retains all rights in the original Composition of my Poem set to music, including copyright and the performance rights in future performances of the Work.
4. I hereby represent and attest that the Poem I submitted is entirely my own, original material, unless I clearly indicate otherwise and give full and accurate attribution to any material that I do not hold all interest in and to, but which I have permission to use. I agree not to submit any Poem or other material which is not original, which I do not hold these rights in and to, or which I have not so attributed. I shall be responsible for ensuring and affirming to Opera Omaha and NWC that the Poem does not infringe on any existing copyright.
5. I further agree that I, Poet (as well as my heirs, assigns or other representatives), will not make any claim or take any action against Opera Omaha and NWC (including all its representatives of any kind) including but not limited to a claim or action based on privacy or publicity rights, or copyright, in connection with Opera Omaha’s and NWC’s use of my likeness or my performance as agreed to herein. Poet hereby releases Opera Omaha and NWC (including all its representatives of any kind), from and against any and all claims, demands, actions, causes of action in law or equity, and/or other liabilities, including costs and expenses associated therewith, whether now known or unknown, anticipated or unanticipated which I ever had, now have, or may in the future have arising out of or in connection with Opera Omaha and/or NWC use of my Poem or performance as agreed to herein.
6. I have read the foregoing and fully understand its meaning and effects on me, and intending to agree to these terms and be legally bound, I have signed below. If I am not nineteen (19) years of age on the date this release is signed, my parent or legal guardian has also signed below, representing their understanding of their agreement to the terms set out above in this release:
