Agreement and Release

Introduction and Discussion

1. This is the official document outlining the definitions, terms, conditions, agreements, releases and understandings (hereafter, “Agreement” or “Agreement and Release”) set forth by Moving Stills Media, Travel Geek Media and Legally Insane Films, LLC, in congress with its founder, Cyle O’Donnell, and/or his assigns, agents, heirs, relations, and representatives (collectively, hereafter, “Producer” or “Producers”), for those agreeing to participate in Projects with Producers (hereafter, “Signee,” and, when intended to be referenced together, Producer and Signee shall be referred to herein as “Parties”).
2. Each of the media companies listed above produce strictly nonfiction media, and predominantly through guerrilla style filmmaking and multimedia production. This type of documentary work frequently crops up with little warning and is sometimes even accidental. It also frequently takes place in moving/mobile situations, amid quickly changing circumstances, and in remote settings. Space to carry sufficient gear for these junkets, let alone a file cabinet or stacks of contract paperwork, is scarce at best. That’s why we’ve made this information available online for easy access and review 24 hours a day, from nearly anywhere on earth. The web address where this Agreement and Release is held, is also mentioned on the Release presented to you during Production.
3. If you are a participant (Signee) in Producer’s Production (defined below) of a film, image, podcast, book, multimedia, transmedia and/or other media produced by Producer, either now known or hereafter developed and incorporated into our catalog of media (hereafter, “Project”), we urge you to read this Agreement and Release in its entirety prior to confirming your agreement to participate. Your full perusal of this information is not mandatory. However, it will better inform your decision, as it represents the fullness of the Agreement referenced in Clause 6 of the truncated Release you have been, or will be presented during the act of producing, documenting or otherwise creating (above and hereafter, “Producing, Produce, Produces, etc.” or “Production” where grammatically required) a Project.
4. Furthermore, some Projects undertaken by Producer, may cross state or county lines, or even national borders, and/or other jurisdictional boundaries, which could potentially be governed by potentially continually changing and/or conflicting laws, statutes, regulations or legal opinions. This information therefore acts as a central reference point, and your final agreement, for any voluntary participation in such Projects.
5. If you agree to participate in a Project for Producer, which can include, but is not limited to, the capture and/or collection of your likeness and/or your real, personal or intellectual property (hereafter, “Property / Properties” and further discussed and defined in the Real, Personal and Intellectual Property section below), you will be asked to sign a release.
6. Because Projects, and their captured and/or collected Properties, frequently overlap and evolve, this Release could be entitled “Release,” “Talent Release,” “Moving Stills Media Talent Release,” “Talent/Location Release,” “Travel Geek Media Release,” “Legally Insane Films Talent Release,” or a variation of any of these and other titles (collectively, hereafter, “Release”).
7. Whatever the Release title happens to be, the terms on that agreement have remained the same since 2012, when Cyle O’Donnell first founded his first media company, Moving Stills Media, in Kennebunk, Maine. The media released by this company focused mostly on photographic, digital multimedia and design work (photo-essays, visual slides or audio-visual multimedia, coffee table books, billboards, posters and so on). Since then, he’s launched other media companies, campaigns, Projects and networks, that focus on, produce or release other media specific to that entity. Legally Insane Films, for example, releases books and audio-visual media related to civil rights, while Travel Geek Media releases mostly films and podcasts that cover international history and culture.
8. Because the nature of documentary work often begins as one Project and later evolves into another Project (most often based on the story itself, either evolving, or revealing previously unknown information), which may be more appropriately released under a different media company, one or more Projects may include, share, or differentiate various themes, plots, materials, witnesses, interviews, assets, media, Properties and many other items between or collectively related to them.
9. Examples of this may include, for example:
  1. a photo-shoot for a ribbon-cutting ceremony that was first contracted to the Moving Stills Media entity, leads to an interview uncovering a bribe between contractors and local politicians. This newsworthy story is better housed under the Legally Insane Films entity, but could still incorporate media captured while under contract for the Moving Stills Media photo-shoot. Or,
  2. that same ribbon-cutting ceremony boasts a gorgeous buffet served by a local Asian cuisine catering company with a compelling story of how their family arrived from Thailand with a dream and $20 in their pocket. This story would more appropriately be covered under the Travel Geek Media entity, and could use footage captured of their grand gala event as a backdrop for that Production.
10. In the documentary world, this type of media crossover happens all the time. So, this Agreement and Release has been prepared to elucidate the unique challenges to ensuring that Producers are protected from potential abuse or liability in such situations. Your Agreement and Release, therefore, extends to all Projects Produced by Producer that contain any Property granted to Producer through any Release signed for any Project at any time.
11. Not only are the Properties acquired during these Productions frequently shared between media entities and Projects as mentioned above, the end products of these Productions also regularly showcase media originally intended for very different Projects. An example of this would be our latest film, Big Trouble in Little Quartzsite, where director Cyle O’Donnell was originally filming a documentary for the Travel Geek Media entity, and stumbled on a story that expanded into a transmedia project that includes a book, a three-season podcast, a feature length film and even a six-part documentary series — all from the original story. Some of that same footage will also be appearing in the Travel Geek documentary that has yet to be released (as of July 2021). Because of that, the Releases are structured to inform and maintain your agreement to participate in Projects, which cross jurisdictional boundaries, are Produced in a guerrilla style, that compete with other media companies, share content and Property across Projects and ultimately become host to a complex list of challenges. That you understand and agree to help us ameliorate these challenges, is absolutely paramount.
12. To help you do that, your Release was generated to introduce, generally, the longer, more detailed Agreement and Release you’re reading now.
13. In so doing, one clause that will always remain the same on every hard copy Release presented by Producer, is Clause 6. This clause states, “I understand and further agree to any and all updates or addendums to this agreement available anytime at cyleodonnell.com/contract, which may be updated at any time, without notice to me or my minor dependents, in perpetuity, and even in the event of unforeseen or uncontrollable website failure.”
14. The essence of Clause 6 of the hard copy release is to ensure that, regardless of the complex and ever-changing challenges we encounter for the work that we do, our Projects and Producers remain protected (a copy of the 2012-2021 Release can be found just above the Release section below).
15. This online Agreement also provides other information, such as explanations, definitions and the terms that govern both the hard copy Release, and any conveyance of Property to Producer for, or related to, Productions.
16. To that end, by engaging in an agreement for Production of Project or Projects with Producer, Signee agrees to every part of this Agreement and its corresponding hard copy Release, including the following:
  1. Signee warrants and represents that it has the full, legal right to enter into Agreement and Release; and
  2. if signing for a dependent minor, Signee warrants and represents the same agreement and understanding hereto, on their behalf.
17. The person or persons who individually or collectively, or who, on behalf of their dependent minor or minors (collectively also, “Signee”), confirm their voluntary agreement to participate in Project with Producer, by signing the hard copy Release, regardless of the time, date or location in which the agreement takes place, agrees that Signee is, without limitation except those limitations provided by law, bound by the terms and conditions stated herein. The prevailing party shall be awarded its fees, costs and expenses.

Real, Personal and Intellectual Property

1. Signee warrants and represents that it has the right to grant, forever and irrevocably, all ownership, permissions, accesses and any other rights granted herein; that any real, personal or intellectual property, which may include Signee’s likeness as defined in Paragraph 5 of this online Agreement above (above and hereafter, “Property”), documented by, or granted to, Producer for Project, is owned by Signee, and/or is free and clear of any liens and/or claims with respect to the use and/or conveyance of such Property, in the manner authorized herein, for the purpose authorized in this Agreement and Release; that the consent of no third party is necessary to grant the rights granted herein; and that such use authorized herein will not give rise to any claims of infringement, invasion of rights of privacy or publicity or claims for payment of re-use fees or residuals or any other claims of any kind.
2. Signee hereby indemnifies Producer from the claims of any third party based upon any representation or warranty made in this online Agreement or in the hard copy Release. Signee acknowledges and agrees that Producer will rely on this permission in using the Property for Projects, which can be at a substantial cost to Producer, with the full expectation that no actions arising out of Production including said Property will result in any claims of any kind.
3. Signee agrees to waive the right to seek injunctive relief to restrain the use or exercise of the rights granted to Producer in this Agreement.
4. Signee understands and agrees that any intellectual property conveyed to Producer for Project shall be defined as Property, as defined in this online Agreement and the hard copy Release.
5. Signee agrees that “intellectual property,” as defined by this online Agreement and in the hard copy Release, shall, for the purpose of this Agreement, include the creative, professional and/or artistic work created or otherwise owned or managed by Signee, as well as the medium upon which the intellectual property may have been affixed (for instance, both an audio recording and the disc upon which the music is affixed; or perhaps a series of digital documents along with a file containing architectural designs, and the computer hard drive upon which they are collectively affixed; or surveillance footage, as well as the VHS tape upon which the video is affixed; and so on).
6. Unless otherwise agreed in writing and signed by the hand of Cyle O’Donnell, or unless otherwise returned by Producer at its own discretion, any Property conveyed to Producer at any time for use in any Project, will not be returned.
7. Should questions arise as to the Signee’s ownership of Property, or legal ability to convey Property to Producer for Project, Signee agrees to accept all civil, criminal or equitable liability arising from its conveyance of said Property to Producer, and shall fully indemnify Producer from any liability arising from the conveyance of said Property. This includes, but is not limited to, Property as defined herein, mobile phone recordings of a political event, archival footage given to Signee by a news organization for its appearance on a news story, a recording of a Signee’s wedding rehearsal or other event, 8mm reel-to-reel film with potential collectible or antique value inherited by Signee, physical and digital copies of documents of unknown or unknowable origin, court paperwork acquired by way of a public records request, recordings or other materials acquired by clandestine means, and/or any other media of any kind, known now or hereafter developed, manipulated by, acquired by, created by, given to, or owned outright by Signee.
8. Simply put, no matter how Signee came to be in possession of Property granted to Producer for Project, Signee grants said Property to Producer as would the original owner or creator of Property.
9. Signee warrants and guarantees that the authenticity of Property is unimpeachable, and appropriate for use in nonfiction media, news media, and/or otherwise is true and factual media.
10. Signee further understands and agrees that, unless otherwise agreed in writing and signed by the hand of Cyle O’Donnell, Signee will not receive compensation of any kind for its participation in, or for any Property conveyed for, Project, that would or could influence in any way, the truthfulness or authenticity of said Property.
11. Signee agrees that, unless otherwise agreed in writing and signed by the hand of Cyle O’Donnell, any intellectual property, granted to Producer for use in Project, may be used, exploited, manipulated and otherwise owned for the use of Project or Projects.
12. Signee understands and agrees that Producer may, at its sole discretion (and is not obligated to), credit Signee for Property on our outside of Project or Projects.

Exclusivity and Non-Competition

By agreeing to participate in Project with Producer, Signee irrevocably grants Producer the exclusive right, but not the obligation, to incorporate into Project, and any or all versions and derivative works based thereon (collectively, hereafter, also “Project”), and to use and authorize others to use Property so as to incorporated into Project, distribution, sales, licensing, marketing, advertising, promotion, exhibition, manipulation and any other exploitation (collectively, above and hereafter, also “Production”) of the Project, in any or all possible markets and media, whether now known or hereafter developed, throughout the universe, in perpetuity. Producer shall also have the exclusive right to edit, add to and/or delete from Property, to any scope, including but not limited to, any measure of length or quantity of data and/or time, or nothing at all, for use or disuse, in Project or Projects.
Signee agrees that “exclusive right,” for the purposes of this Agreement, shall be defined as follows:
1. Exclusive Right (hereafter, “Exclusivity”), shall govern all Property granted to Producer for use in Project or Projects, starting with, flowing out of, referencing, or related to, Production and Project or Projects;
2. Exclusivity shall extend to all media and/or Property, as defined herein; and that
3. Exclusivity of Property, where including Signee’s likeness, shall include the capture and use of Signee’s identifiable traits, including but not limited to scars, marks and tattoos, depictions of facial and/or bodily visages, voice, unique gestures, handwriting, fingerprints, and so on, for Project.
Signee further understands and agrees:
1. that Exclusivity shall also extend to any interviews, recorded as audio, video, photographic imaging, written materials such as notes, drawings or personal statements or quotes, and/or any other medium, already granted to Producer for use in Project or Projects;
2. that Signee will not grant, or cause to be granted, either intentionally or unintentionally, to any other individual, company, entity, media producer, enterprise and/or organization, that could reasonably be understood as a financial competitor of Producer (hereafter, “Competing Party”), Property which could potentially become published in books, newspapers, magazines, blogs, photos, films, audio based media, text based media or any other media, now known or hereafter developed (hereafter, “Competing Property”), including but not limited to any interviews, already granted to Producer for Project;
3. that Signee will make aware any Competing Party, that has a release that might compete with this online Agreement or the hard copy Release that exists prior to engaging in, or continuing, discussions, once known, regarding interviews, or requests for any other Property or Exclusivity, related to, or potentially related to, those already granted to Producer;
4. that Signee and/or Competing Party can and shall be held liable for any losses whatsoever, including but not limited to reasonable legal fees, resulting from breach of this clause; and
5. that negligence of any kind with regard to this clause, including failure to make aware any Competing Party of the existence of Signee’s Agreement and Release, does not warrant or proffer exclusion from this clause.
Signee understands and agrees that no casual or inadvertent failure by Producer, and no failure by any third party to accord these terms shall be considered a breach of this Agreement.
Signee understands and agrees that this Agreement sets forth the entire understanding of the Parties hereto, with respect to the subject matter hereof, and shall be governed by the laws of the state of Arizona, with venue and jurisdiction set in the courts of Phoenix, Arizona, in Maricopa County.
Signee understands and agrees that, unless otherwise agreed in writing and signed by the hand of Cyle O’Donnell, no other promises, guarantees or warranties have been expressed or implied, and that no incentives of any kind have been offered by Producer to entice Signee to sign Release.
Signee agrees to indemnify and hold Producer harmless from, and against, any and all claims, damages, liabilities, costs and expenses (including legal fees) arising out of their participation in Project with Producer.
Signee warrants and represents that it has acquired the individual and/or collective acknowledgement and consent of all incidental and non-incidental participants, for the same terms of this Agreement, who appear or may appear, on, in or around any real property owned or managed by Signee, and who may be recorded in any way, during Production.
Signee grants Producer the right and permission to enter, use and bring equipment onto the real property owned or managed by Signee, including the exterior and interiors, on or after the date of the Release, to Produce Project or Projects, that may record artifacts, edifices, and other creative visages, including, but not limited to, artwork, personal items in the home, family photos, mail and addresses, names, logos and trademarks.
Signee understands that Producer is under no obligation to use the Premises as stated herein.
Producer agrees to use reasonable care to prevent damage to the Premises. However, no incidental damage to Premises will be covered by Producer or third parties to Production.
Signee agrees that Producer owns all rights, title and interest in and to the media created, collected or granted during Production.
Signee agrees to waive any rights or interest that it, or any of its relatives, dependent minors or any other known or related party claims to have or may claim to have from date of signing Release.
Signee agrees not to sue, and irrevocably, unconditionally and entirely releases, and holds Producer, and any licensees or assignees of the platforms, and any sponsors and advertisers thereof, on or through which the Package may be distributed (collectively, “Releasees”), harmless from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which Signee ever had, now has, or in the future may have against the Releasees relating in any way to this Release and/or the Property, including, but not limited to, claims for invasion of rights of privacy, rights of publicity, defamation or copyright infringement.
Signee understands and agrees that it may not seek any injunctive or equitable relief from any of the Releasees (such as the termination of this Release or stopping the usage or distribution of the Property, Projects and/or other Materials related to Production).
Signee agrees that this Agreement and Release, supersedes any other discussions or understandings Signee may have had with the Producer about Production or Project.
Signee understands and agrees that if any provision of this Release is found to be invalid by a court of law, all other parts and provisions will remain in full force and effect to the maximum extent permitted by law.
Signee agrees that if it brings forth any claim related to this Release, Client must bring it in state or federal court in the state of Arizona, and Signee hereby consents to jurisdiction in those courts. This Release cannot be modified or terminated by Signee, except by an agreement in writing and signed by the hand of Cyle O’Donnell. The prevailing party shall be awarded its fees, costs and expenses.

Hard Copy Release

A. The following is the hard copy Release, for reference, of the Talent Release: (Provided to Signee, or Signees, at time of Production for Project, by Producer, and also referred to herein as “Release”), the following is agreed upon by Signee:

B. I, the undersigned, hereby irrevocably grant Cyle O’Donnell, and Moving Stills Media (hereafter known as the “Producer”), permission to capture, use, distribute and otherwise own for purposes including, but not limited to professional and creative works, my likeness, to include any personally identifiable traits, semblances or appearances (tattoos, unique scarring, marks, etc., in addition to my face and body), sound or voice, original music, art or other intellectual and creative property or multimedia that is performed, presented, or otherwise visible, audible or transmittable during the capture of said media. If I am signing for a minor dependent, I will note that as such with my signature that follows.

1. I further grant the Producer permission to use my likeness in a photograph, video, film, audio media or other multimedia (physical or digital), including but not limited to all of the Producer’s print or digital publications/productions. I understand and agree that any media using my likeness will become property of Cyle O’Donnell, or any other representative of Moving Stills Media, and will not be returned unless otherwise agreed in writing and signed by the hand of Cyle O’Donnell.

2. I further acknowledge that since my participation with the Producer is voluntary, I will receive no financial compensation, or that any financial compensation will be outlined below the signature section of this agreement.

3. (NOTE: THIS SEGMENT HAS BEEN AMENDED – SEE BOLDED WORDS, AND UPDATED WORDING REFERENCED IN THE ADDENDUM SECTION BELOW) I hereby irrevocably authorize the Producer to edit, alter, copy, exhibit, publish or distribute this photo for the purposes of the Producer’s media, multimedia or programs in general or for any other related purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising out of or related to the use of any collected media.

4. I hereby hold harmless and release and forever discharge the Producer from all claims, demands, and causes of action, in perpetuity, anywhere throughout the universe, which I, my heirs, kin, dependents, representatives, executors, administrators or any other persons acting on my behalf or on behalf of my estate or heirs, kin or dependents have, or may have by reason of this authorization.

5. I am at least 18 years of age and am competent to contract in my own name. I have read this release and before signing below, I fully understand the contents, meaning and impact of this release*.

6. I understand and further agree to any and all updates or addendums to this agreement available any time at cyleodonnell.com/contract, which may be updated at any time, without notice to me or my minor dependents, in perpetuity, and even in the event of unforeseen or uncontrollable website failure.

7. Signee agrees that if any party brings forth any claim contesting any part of this agreement, it shall be brought forth in state or federal court in the state of Arizona, and Signee hereby consents to jurisdiction in those courts. This Release cannot be modified or terminated by Signee, except by an agreement in writing and signed by the hand of Cyle O’Donnell. If any litigation is brought contesting this release, the prevailing party shall be awarded its attorneys fees, court costs and expenses.

*The undersigned, if representing a company, organization or otherwise a collection of other potential releasees at, on or around the visible or audible area of the content acquisition location whose likeness may also (or inadvertently) be captured, also agree that I have obtained all necessary permissions from those in said area, or their legal guardians, to the aforementioned agreements and am signing on their behalf, having sworn dully to the affirmation thereof.

Updates and addendums to this Agreement and Release:

November 1, 2020: With regard to the use and understanding of the terms “Agreement” and “Release”: Because of the frequency of its use herein, and the multiple English language definitions it entails, the terms “Agreement” and “Release” can and may be used to define both the information in this document (which includes an up-to-date copy of the information in the Release referenced herein), as well as to reference a general agreement or to release, generally, from liability or equity, and so on. By signing Release, Signee agrees that any use, or alleged “misuse,” of these definitions is not to be used as a loophole for gaining an advantage in a potential legal debate, whether between involved parties or in the courts. Signee further understands and agrees that common sense employed by a reasonable person should create an adequate differentiation of these uses, which, in the case of a court hearing or trial, shall default to the judge’s discretion.
April 14, 2021: With regard to Paragraph #5 in the Hard Copy Release section, which references Clause 3 of the hard copy of Signee’s Release:Addendum to Talent Release added April 14, 2021: Due to an error reprinting an old and digitally corrupted file containing the Release first drafted in the early 2010s, in Paragraph #3 of Release, which states, “I hereby irrevocably authorize the Producer to edit, alter, copy, exhibit, publish or distribute this photo for the purposes of the Producer’s media, multimedia or programs in general or for any other related purpose…” The word “photo” is hereby corrected to “photo, video, audio and other recordings” and shall hereby be restated in full, and held in accordance with the rest of Agreement and Release, as follows:“I hereby irrevocably authorize the Producer to edit, alter, copy, exhibit, publish or distribute this photo, video, audio and other recordings, for the purposes of the Producer’s media, multimedia or programs in general or for any other related purpose. In addition, I waive the right to inspect or approve the product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising out of or related to the use of any collected media.”
Note that all updates and addendums that reference the hard copy of Release herein, shall be updated on hard copy of Release printed and signed by Signees hereafter.
Addendum to Release: #7 of release has been added, and states: 7. Signee agrees that if any party brings forth any claim contesting any part of this agreement, it shall be brought forth in state or federal court in the state of Arizona, and Signee hereby consents to jurisdiction in those courts. This Release cannot be modified or terminated by Signee, except by an agreement in writing and signed by the hand of Cyle O’Donnell. The prevailing party shall be awarded its attorneys fees, court costs and expenses.
End of Addendums as of April 14, 2021.

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