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Appearance ReleaseSigned

Published by Ryheem McCutchen, 2022-10-03 20:34:36

Description: Appearance ReleaseSigned

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APPEARANCE RELEASE For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, I (or “You,” where applicable) authorize and grant to King Poker, LLC (“Producer”) and Poker King (“PK”) and their respective parents, affiliates, subsidiaries, licensees, successors and assigns, the right to record and to make use of my appearance and voice in and for the program tentatively entitled: “UNTITLED PHIL IVEY PROJECT” (collectively, the “Program”), all advertising, publicity and promotion with respect to the Program and in connection with Producer or otherwise. The following terms and conditions shall be applicable to my appearance hereunder: 1. I agree that you may tape and photograph me, and record my voice, conversation and sounds, including any performance of any musical composition(s), during and in connection with my appearance and that PK shall be the exclusive owner of the results and proceeds of such taping, photography and recording with the right, throughout the world, an unlimited number of times in perpetuity, to copyright, to use and to license others to use, in any manner, all or any portion thereof or of a reproduction thereof in connection with the Program or otherwise. The results and proceeds of such tapings, films, photography, and/or recording shall be deemed a “work made for hire,” as such term is defined under the copyright laws of the United States, with PK as the author and exclusive owner thereof. For purposes of clarity, I expressly waive any and all moral rights I may have in connection with my appearance. Without in any way limiting the foregoing, I acknowledge and agree that Producer and PK will have no obligation to use the Recordings (or any portion thereof) in the Program, or to complete, distribute, exhibit or exploit the Program. 2. I further agree that PK may use and license others to use my name, voice, likeness and any biographical material concerning me which I may provide, in any and all media and in the promotion, advertising, sale, publicizing and exploitation of the Program and/or otherwise and ancillary products (e.g., merchandise) in connection with the Program and in connection with PK’s affiliated services, throughout the world in all media, an unlimited number of times in perpetuity. I further represent that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my appearance will violate or infringe upon the rights of any third party. 3. I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put. I acknowledge that PK will rely on this permission potentially, at substantial cost to PK and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. 4. I voluntarily assume any and all risks, known or unknown, associated with my participation in the Program. I release Producer, their respective partners, officers, directors, employees, agents, successors, licensees, parents, affiliates, subsidiaries, successors and assigns (“Released Parties”) from any and all claims that I have or might have (including paragraph 5. below) by virtue of or arising out of the use of the recordings (or any portion thereof) of my appearance in connection with the production, exhibition, distribution, promotion and/or advertising of the Program, including without limitation, any claim for defamation, libel, slander or invasion of privacy or infringement of rights of publicity, intentional or negligent infliction of emotional distress, copyright infringement, and/or any other tort in connection therewith; and claims for any injuries or damages of any kind whatsoever, including, without limitation, personal injury, physical or mental disability, dismemberment, death or property damage, sustained as a result of or incident to my participation in the Program. I hereby agree to indemnify, defend and hold harmless the Released Parties from any and all liability, claims and actions, including attorneys’ fees, of any nature whatsoever, caused by or arising out of: (a) my statements or actions made in connection with the Program; (b) any injuries or damages of any kind whatsoever, claimed by the Released Parties in connection with my involvement in the Program; (c) any and all claims, that any person or other entity Appearance Release .doc 1

may sustain as a result of or incident to my involvement in the Program; or (d) breach by me of this Appearance Release. 5. CORONAVIRUS ADVISORY AND DECLARATION RISKS OF EXPOSURE: The Coronavirus (COVID-19) pandemic is a worldwide risk to human health. COVID-19 is highly contagious and has a mortality rate many times greater than the flu. COVID-19 can spread easily and exponentially. While people of all ages are at risk of catching COVID-19, persons especially at risk are those with compromised immune systems and the elderly. Persons over 65 years of age may be at particular risk. “STAY HOME ORDERS”: In order to reduce the spread of COVID-19, the State of California, as well as many States, counties and municipalities, have issued “Safer at Home” or “Shelter in Place” orders, with exceptions for essential activities. ACTIVITIES AS ESSENTIAL SERVICES: Under Federal guidelines, as well as some State and guidelines, activities required to produce content in the entertainment industry have not been deemed to be essential activities. Regardless of whether an activity is deemed essential under any set of guidelines, all activities are subject to inherent COVID-19 risks. All persons must still practice “social distancing” and take all steps necessary to protect themselves and others, including the wearing of face masks. Finally, some county and city orders are more restrictive than Federal and State guidelines and may take precedence over Federal and State guidelines. REPRESENTATION AND AGREEMENT: By signing below, you make the following representations to Producer and agree as follows: You understand and acknowledge that your prospective participation in the Program could involve entry into a high-density area that may be dangerous or unsafe and could expose you or others to COVID-19. You understand and acknowledge that your activities in connection with the Program are not part of an exception to Federal, State, county or municipality “Safer at Home” or “Shelter in Place” orders and that you are conducting those activities of your own volition and at your own risk. Producer has neither requested or encouraged you to travel, nor disobey any laws, emergency orders or other legal mandates. You understand that if you engage in any activities in violation of the law, including Federal, State, county or city orders, you are acting against the advice of the Company. You agree to take all reasonable and necessary precautions to protect yourself and others from the spread of COVID-19, including, but not limited to the following: You are aware of and agree to follow all Federal, State, and local laws and orders, including Stay Home, Safer at Home, Shelter in Place orders, even though such laws and orders may be changing rapidly. You agree and understand that it is your responsibility to exercise care to protect yourself, such as assessing your own risks, which may include age, underlying health conditions, recent travel, possible exposure to COVID-19, doctor’s recommendations, local, and State and Federal recommendations. You represent that (i) to the best of your knowledge, you are not currently afflicted with, and have not knowingly, within the last 14 days, been in contact with someone afflicted with, COVID-19, and (ii) you are not experiencing a fever, or signs of respiratory illness such as cough, shortness of breath or difficulty breathing, or other COVID-19 symptoms. You believe that you are not likely to transmit or contract COVID-19. You agree to practice social distancing by keeping at least 6 feet between yourself and others. Do not gather in groups. And always consider all risks before taking any action that could impact your health or safety and/or the health and safety of others. You are reminded that wearing protective gloves, face Appearance Release .doc 2

masks, shoe coverings, and washing and sanitizing hand are steps you can take to protect yourself and others. AGREEMENT, DECLARATION AND ASSUMPTION OF RISK: By signing this Appearance Release, you are declaring the foregoing is true, that you agree to take all recommended and reasonable actions to protect yourself and others from exposure to COVID-19, and that you assume the risk, as applicable, of any travel or participation in the Program. You understand and agree that no one can guarantee that you will not be exposed to or contract COVID-19. 6. I understand that in, and in connection with the Program, I may reveal and/or relate, and other parties may reveal and/or relate, information about me of personal, private, intimate and surprising nature that may be factual and/or fictional. I acknowledge and agree that PK shall have the right (a) to use any information I provide and any portion of my appearance, depiction, portrayal, actions and statements in the Program as edited by Producer or PK in its sole discretion, and (b) to broadcast and otherwise exploit the Program containing any such information and any such appearance, depiction, portrayal or actions. 7. Except as specifically provided herein or as otherwise authorized by PK in writing in advance, I will not myself, or authorize others to, publicize, advertise or promote my appearance on the Program, or receive or generate any monetary advantage from my appearance on the Program. I further agree not to discuss the outcome or any content of the Program prior to its broadcast. I acknowledge that in connection with my participation in the Program, I may be exposed to information of a confidential nature, and that such information is confidential and proprietary to PK and shall remain the property of PK and shall not be disclosed by me under any circumstance. I recognize that a breach by me of this paragraph would cause PK irrevocable injury and damage that cannot be reasonably or adequately compensate by damages in an action at law. Therefore, I expressly agree that PK shall be entitled to injunctive and other equitable relief. 8. I further warrant that I have not accepted and will not accept any money or other compensation from any third party to mention any person, product, service, trademark or brand name, as part of my appearance on the Program. If I am or have been a member of any performing arts union or guild, I hereby acknowledge and agree that my appearance on the Program does not constitute a performance, and that I am not entitled to any salary, wages or other similar compensation for such appearance. 9. This Appearance Release shall be governed by the laws of the State of California and the State and Federal Courts located in the County of Los Angeles, California shall have exclusive jurisdiction over any disputes arising from or related to this Appearance Release. I agree to submit to the exclusive jurisdiction of the State and Federal Courts of California in the event of any claims arising from or related to this Appearance Release. 10. Producer may assign this Release or any of it rights hereunder to any third party, and this Release shall inure to the benefit of all such successors and assigns. 11. This Appearance Release contains the entire understanding of the parties hereto relating to the subject matter herein, and supersedes all prior discussions, negotiations, understandings, and agreements (whether oral or written), and may not be changed except by written agreement signed by both parties. I have not been induced to enter into this Agreement by any representation or promise not contained herein. 12. I am at least 18 years of age and have the full, complete and unrestricted right and authority to enter into this Appearance Release. I acknowledge that I have been given ample opportunity to read and I have carefully read this entire Appearance Release. I represent and warrant that I have the full right, power and authority to grant the rights granted herein. I hereby certify that I fully understand the contents of this Appearance Release and that I intend to be and am legally bound hereby. I warrant that I am under no legal or contractual disability that might tend to nullify the terms of this Appearance Release or impair my ability to understand this Appearance Release. I am aware that this is a release of Appearance Release .doc 3

liability for future claims and a contract between Producer and me, and I am signing it voluntarily and of my own free will. (Please Print) Name: 11035 Heartland Grove Dr Address: Signature 9/14/2022 City/State/Zip: Richmond, TX 77406 Phone # 323-393-5502 Date AGREED AND ACCEPTED: King Poker, LLC By: Print Name: Title: Appearance Release .doc 4


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