Submission and Release Agreement for Debunking Myths About Educator Preparation & Teacher Quality Video Submission
Thank you for agreeing to provide your video to the American Association of Colleges for Teacher Education (“AACTE"). With respect to your submission, AACTE requests the following rights and covenants from AACTE Members (referenced herein as “you") in connection with AACTE making use of any video content that you have provided or may provide directly or indirectly to AACTE in connection with its Debunking Myths campaign. Accordingly, by providing any video material(s) or content to AACTE in connection with the Debunking Myths campaign, you hereby agree for good and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by you, to grant to AACTE (and all persons or entities acting on AACTE's behalf or with its authority) on a sublicenseable, perpetual, and irrevocable basis the nonexclusive right and license throughout the world to use, reproduce, display, distribute, archive, and prepare derivative works in any media now known or hereinafter developed, including, without limitation, any electronic or digital media, your submitted video material(s) or content (hereinafter referred to as a "Video Submission").
You further grant permission for AACTE (and all persons or entities acting on AACTE's behalf or with its authority) on a sublicenseable, worldwide, and irrevocable basis the nonexclusive right and permission to use your name, likeness, recording, or biographical data (or the trade name of or trademark for any entity on behalf of which you are acting) provided in connection with your Video Submission and to publish the Video Submission as part of the AACTE Resource Library, and to distribute the material for sale in complete or partial form as part of an AACTE product on CD/DVD ROM, webinar, USB device, or any other media format now or hereafter known. With respect to the foregoing, you understand that the Video Submission will not be sold as a stand-alone product without your direct consent. Accordingly, you hereby grant to AACTE on a sublicenseable, worldwide, and irrevocable basis the nonexclusive right and permission to use your image, voice, pronouncements, likeness, name, and any biographical material submitted by you, in connection with the Debunking Myths campaign whether used in excerpts or in full, for purposes of distribution as described above and for any associated advertising or exhibition of the Video Submission.
With respect to the Video Submission, you acknowledge and agree that you are solely responsible for rights clearance and accuracy, and you hereby represent and warrant that you own all rights, title, and interest in the Video Submission or have the full right, power, and authority to grant the rights granted herein. In addition, you represent and warrant that you have every right and the power and authority to contract in your own name or on behalf of any entity or employer named as the provider of the Video Submission and to execute and abide by this agreement on your own behalf or on behalf of any named entity or your employer. You also represent and warrant that you are not aware of any investigation, claim, or litigation involving the Video Submission; the Video Submission does not violate or infringe the rights of any other party or the laws or regulations of any government or judicial authority; the Video Submission is accurate to the best of your knowledge; and the Video Submission does not include any libelous, defamatory, obscene, or unlawful material under the laws of the United States. Upon request, you agree to provide AACTE with any documentation necessary to prove that you have all of the rights required to make the grants to the Video Submission as required herein. In connection with the foregoing, you agree that you will (i) confirm any waivers and consents from time to time as reasonably requested by AACTE and (ii) perform such other acts as AACTE may reasonably request to facilitate AACTE's right to use the Video Submission. With respect to any use by AACTE, directly or indirectly, of the Video Submission, you hereby agree to waive any right that you may have to inspect or approve the Video Submission or the use to which it may be applied. AACTE shall have exclusive, full, and final control over its use of the Video Submission, and nothing herein obligates AACTE to make any use of the Video Submission.
You hereby agree to release AACTE and each of its related and affiliated entities, agents, employees, representatives, assignees, licensees, and successors from and against any and all claims, whether at law or in equity (including, without limitation, injunctive relief), with respect to (i) any liability based on any personal property, residual, re-use, or other right which you may have by virtue of any permitted use of the Video Submission under this agreement, or as a result of the exhibition, telecast, or distribution of the Video Submission and/or other productions in which the Video Submission is utilized, or any portion thereof or in connection with advertising and promotion for the Video Submission and/or other productions in which the Video Submission is utilized by AACTE and its subsidiaries, related and affiliated entities, assignees, and contractors and licensees; (ii) any claim arising out of any permitted acts or statements made in connection with the Video Submission and/or other productions in which the Video Submission is utilized (including but not limited to defamation, invasion of privacy by publication of private facts, false light, misappropriation, infringement of your right of publicity, intrusion, infliction of emotional distress, and any other violations of personal and/or property rights, including both intentional and unintentional acts or omissions); (iii) any claim or damage on account of personal injury to you that may arise from your participation in connection with the Video Submission, including bodily injury, lost wages, loss of employment, and emotional distress; and (iv) any claim for further consideration or compensation for your participation in or with the Video Submission or the rights granted hereunder.
You agree that you and AACTE are independent contractors only and that neither this agreement nor any of its terms and conditions may be construed as creating a partnership, joint venture, employment, or agency relationship with AACTE. This agreement constitutes the entire agreement relating to the subject matter hereof and supersedes any and all prior or contemporaneous oral or written agreements concerning the Video Submission. The law governing this agreement shall be that of the District of Columbia. This agreement shall be binding on successors, heirs, and assigns of you or AACTE. If any provision of this agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable.
In the event that any components of the Video Submission contain the work of third-party individuals or organizations (including copyrighted music or movie excerpts or anything not owned by me), I understand that it is my responsibility to secure any necessary permissions and/or licenses† and will provide them in writing to AACTE. If the copyright holder requires a citation to a copyrighted work, I have obtained the correct wording and have included it in the designated space.