0% found this document useful (0 votes)
56 views4 pages

HYBE UMG, LLC Audition Agreement and Release

The Submission Agreement and Release outlines the terms under which an individual consents to participate in an audition process for a girl group organized by HYBE UMG, LLC. By agreeing to the terms, the individual grants HYBE ownership of all submitted materials and rights to use their name, image, and likeness for promotional purposes without compensation. The agreement also includes provisions for confidentiality, liability release, and arbitration for any disputes arising from the agreement.

Uploaded by

bibibusari2007
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
56 views4 pages

HYBE UMG, LLC Audition Agreement and Release

The Submission Agreement and Release outlines the terms under which an individual consents to participate in an audition process for a girl group organized by HYBE UMG, LLC. By agreeing to the terms, the individual grants HYBE ownership of all submitted materials and rights to use their name, image, and likeness for promotional purposes without compensation. The agreement also includes provisions for confidentiality, liability release, and arbitration for any disputes arising from the agreement.

Uploaded by

bibibusari2007
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

SUBMISSION AGREEMENT AND RELEASE

This submission agreement and release (the “Release”) is entered into by and between HYBE UMG, LLC
(“HYBE”) and the undersigned (“I” or “me”) on the date of My Consent (as defined herein) for the purpose of
participating in the audition process for a girl group assembled by HYBE and/or HYBE’s direct and indirect parents,
subsidiaries, affiliated and related entities, and the officers, directors, shareholders, joint ventures, members,
representatives, distributors, broadcasters, agents, attorneys, employees, contractors, licensees, successors financiers,
and assigns of each of the foregoing (the “HYBE Parties”), in their sole discretion (the “Purpose”).

BY CHECKING THE BUTTON THAT SAYS, “I AGREE,” I HEREBY ACKNOWLEDGE AND AGREE
THAT I HAVE READ AND UNDERSTOOD THIS RELEASE, I ACCEPT THIS RELEASE AND AGREE
THAT I AM LEGALLY BOUND BY ITS TERMS AND CONDITIONS (“My Consent”).

For good and valuable consideration, the sufficiency of which is hereby acknowledged, I hereby expressly
understand and agree that the Submission Materials (as defined herein), all rights therein, and all results and
proceeds derived therefrom, including, without limitation, any materials that have been created by me in connection
with the Purpose, in any and all media and formats, by any and all technologies and means of delivery, whether now
or hereafter known or devised, and on any and all platforms, shall be the sole and absolute property of HYBE, in
perpetuity and throughout the universe, as “works-made-for-hire” as defined in Section 101 of the Copyright Act of
1976. To the extent the Submission Materials do not qualify as, or otherwise fail to be, “works-made-for-hire,” I
shall, and hereby do, irrevocably assign, transfer, and otherwise convey to HYBE, in perpetuity and throughout the
universe, all of my right, title, and interest, if any, in and to the Submission Materials. If HYBE is unable because of
my mental or physical incapacity or, for any other reason, to secure my assistance in perfecting the rights transferred
in this Release, then I hereby irrevocably designate and appoint the HYBE and its duly authorized officers and
agents as my agent and attorney-in-fact, to act for and in my behalf and stead to execute and file any such
applications and to do all other lawfully permitted acts to further the prosecution and issuance of letters patent and
copyright, trademark, or domain name registrations thereon with the same legal force and effect as if executed by
me. The designation and appointment of the HYBE and its duly authorized officers and agents as my agent and
attorney-in-fact shall be deemed to be coupled with an interest and therefore irrevocable. To the fullest extent
allowable under any applicable law, I hereby waive the exercise of any rights I have known as “moral rights,” “droit
moral” and any other analogous rights however denominated in any jurisdiction throughout the universe. For the
purpose of this Release, “Submission Materials” shall mean any and all materials created by me in furtherance of
the Purpose and/or submitted by me to HYBE and/or HYBE Parties, including, without limitation, any and all
videotapes, films, photographs, audio recordings, voice recordings, video recordings, headshots, video clips,
introductions, vocal performances, choreography, sound recordings and the underlying musical compositions, any
other performances or creative expressions embodied therein, in any form or medium, whether now or hereafter
known or devised, and whether the material is original or otherwise, as well as any and all underlying works,
elements, performances, intellectual property embodied herein, NIL Rights appearing, embodied, or captured
therein, together with any adaptations, modifications, derivatives works and extensions thereof.

I further grant HYBE and HYBE Parties a fully paid-up and irrevocable, non-exclusive right to use and license
others to use my name, image, likeness, appearance, biographical facts, social media handles, and/or voice
(collectively referred to herein as the “NIL Rights”), in any form or medium, whether now or hereafter known or
devised, for any purpose, throughout the universe in perpetuity, without further consent from or any royalty,
payment, or other compensation to me.

HYBE and the HYBE Parties shall have the unlimited right, without limitation, to use, exploit, distribute,
photograph, capture, modify, alter, sell, rent, license, sublicense, create derivative works, display, transmit,
broadcast, reproduce, promote, copyright, publish, exhibit, and otherwise exploit the Submission Materials and/or
my NIL Rights, or any part thereof, in any manner, including, without limitation, advertising, marketing, promotion
and/or publicity of myself, the Purpose, HYBE, the Submission, and/or any other lawful purpose whatsoever in any
and all media now known or hereafter devised, throughout the universe in perpetuity. Without limiting the generality
of the foregoing, HYBE and HYBE Parties shall have the right to edit, modify and/or delete material from the
Submission Materials and/or my NIL Rights, juxtapose any part of the Submission Materials and/or my NIL Rights
with any other visual and/or audio-visual work, change the sequence of events in the Submission Materials and/or
my NIL Rights, or of any questions posed and/or answers given therein, fictionalize persons (including without
limitation the undersigned) or events, and make any other changes in the Submission Materials and/or my NIL
Rights that HYBE deems appropriate in its sole discretion and without my review or approval. HYBE may assign,
license, transfer, or otherwise convey this Release, or any of its rights hereunder, in whole or in part, to any third
party. I further understand and agree that there will be no residual or any other type of payment due in connection
with the Submission Materials, and/or my NIL Rights.

I understand that I may reveal, and HYBE and HYBE Parties may reveal, information about me that is of a personal,
private, embarrassing or unfavorable nature, which information may be factual and/or fictional. I understand that the
use of the Submission Materials and/or my NIL Rights, in whatever manner, may be disparaging, defamatory,
embarrassing and/or of an otherwise unfavorable nature which may expose me to public ridicule, humiliation or
condemnation. Notwithstanding the foregoing, I acknowledge and agree that HYBE may use any such Submission
Materials and/or my NIL Rights as edited by HYBE in its sole discretion, whether in whole or in part, and in any
and all other manner whatsoever in any and all media now known or hereafter devised, or for any other purpose,
throughout the universe in perpetuity, including without limitation, in all forms of promotion and publicity.

I understand and agree that HYBE and/or the HYBE Parties are not required to review or consider my Submission
Materials, and HYBE and/or HYBE Parties have no obligation to use or otherwise exploit my Submission Materials,
and/or my NIL Rights, whether in whole or in part.

I agree not to assert any action against, and irrevocably and unconditionally remise, release, waive and forever
discharge HYBE and the HYBE Parties, jointly and individually, (collectively, the “Releasees”) from any and all
manner of liabilities, claims and demands of any kind or nature, whatsoever (including, but not limited to, any
claims for defamation, libel, slander, violation of rights of privacy and/or publicity, droit moral and/or moral rights,
negligence, intentional infliction of emotional distress, personal injury, property damage, copyright, trademark and
other intellectual property infringement, and wrongful death), in law or equity, whether known or unknown, which I
(or my assigns, agents and/or representatives) ever had, now have, or in the future may have against the Releasees,
including, but not limited to, claims arising out of or related to the use of the Submission Materials, my NIL Rights,
and/or any other claims that may be related to the Purpose. I further agree that I shall be liable for any actual,
out-of-pocket attorneys’ fees and costs (including settlement costs) incurred by any Releasees in connection with
any claim or action brought in violation of or that contradicts this Release. I hereby waive any right or remedy in
equity, including any right to terminate this Release or to rescind HYBE’s and HYBE Parties’ right, title and interest
in and to the Submission Materials and/or the use of my NIL Rights, or to enjoin, restrain, or otherwise impair in
any manner the development, production, distribution, marketing, promotion, publicity, advertising or other
exploitation of the Submission Materials or my NIL Rights In the event of a breach or anticipated breach by me of
this Release, HYBE shall have the right to seek legal damages, equitable relief, injunctive relief and or any
combination thereof, at its sole and exclusive election, including without limitation, seeking temporary restraining
orders, orders to show cause, or other temporary orders to prevent certain actions and or activities, without the
necessity of posting bond, other security, or proving actual monetary damages.

I acknowledge that there is a possibility that after my execution of this Release, I will discover facts or incur or
suffer claims which were unknown or unsuspected at the time this Release was executed and which, if known by me
at that time, may have materially affected my decision to execute this Release. I acknowledge and agree that by
reason of this Release, and the release contained in the preceding paragraph, I am assuming any risk of such
unknown facts and such unknown and unsuspected claims. I have been advised of the existence of Section 1542 of
the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR


RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,
WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.

Notwithstanding such provision, this Release shall constitute a full release in accordance with its terms. I knowingly
and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and
acknowledge and agree that this waiver is an essential and material term of this Release and that without such
waiver, HYBE would not have accepted this Release, the Submission Materials, and/or my NIL Rights granted
herein. I acknowledge that I understand the significance and consequence of such release and specific waiver of
Section 1542.

THIS RELEASE PROVIDES HYBE AND HYBE PARTIES WITH MY ABSOLUTE AND UNCONDITIONAL
CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING HYBE AND HYBE PARTIES TO
PUBLICIZE AND COMMERCIALLY EXPLOIT THE SUBMISSION MATERIALS, AND MY NIL RIGHTS,
AND ANY OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE.

I acknowledge and agree that in furtherance of the Purpose, I may be provided with knowledge and/or information
(or access to knowledge and/or information) that is of a secret, confidential or proprietary nature, whether or not
marked, designated or otherwise identified as confidential and whether written, oral, photographic, audio and/or
audiovisual in nature, that should reasonably be understood to be confidential given the nature of the information
and the circumstances of disclosure (collectively, “Confidential Information”). I represent, warrant and covenant
that I have not and I will not disclose the terms of this Release or the Confidential Information. Without limiting the
foregoing, I acknowledge and agree that my confidentiality obligations hereunder shall apply to any and all media
whatsoever, including, without limitation, any social media site (including, without limitation, Instagram, Facebook,
X, YouTube, TikTok); micro-blogging service; user-generated or user-uploaded content website; online forum,
discussion thread or comment section; personal website or blog; user modified website (“wiki”); or any other
website, service, platform, program, application or other form or method of communication, whether now known or
hereinafter devised.

I represent and warrant to HYBE that I am of the age of legal majority in the state or country of residence, and that I
have the full right, power and authority to enter into this Release and to grant the rights conveyed hereunder. If I am
not of the age of legal majority in the state or country of residence, I agree to have my parent or legal guardian sign
the consent form at the end of this Release. I further represent, warrant and covenant to HYBE that (i) at no cost to
HYBE, I have secured all rights in and to third party rights that are contained in the Submission Materials,
including, but not limited to, synchronization rights required to synchronize musical composition(s) embodied in the
Submission Materials; (ii) I am not and will not be in conflict with, or violate any, contract or agreement with any
third party; (iii) I am not and will not be an exclusively signed artist, performer or producer (or I have obtained any
and all necessary consents to participate in the Purpose); (iv) the Submission Materials do not and will not violate
any third-party rights; (v) I am the sole and exclusive performer in the Submission Materials; (vi) I have not and will
not submit or make public the Submission Materials, in whole or in part; and (vii) I have not and will not distribute
or release the Submission Materials, in whole or in part, to any third party without expressed written consent of
HYBE.

I agree that any dispute, controversy or claim arising from or related to this Release, including, but not limited to,
the scope or applicability of this Release, the Submission Materials, my NIL Rights, and/or any other right,
representation, warranty, or covenant contained herein, shall be resolved by final and binding confidential arbitration
in Los Angeles, California before a single neutral arbitrator. The arbitration shall be administered by the American
Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules and associated procedures. The parties
to arbitration may use legal counsel at their own expense. The parties shall be responsible for their respective costs
associated with the arbitration proceeding. This clause shall not preclude the parties from seeking provisional
remedies in aid of arbitration from a court with appropriate jurisdiction, including equitable relief or other
provisional relief as appropriate, in which case the parties submit to the sole and exclusive jurisdiction and venue of
the state and federal courts of Los Angeles, California. Notwithstanding anything else in this Release or the AAA
rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class
Action (as defined herein) related to a dispute covered by this arbitration provision. Notwithstanding anything else
in this Release or the AAA rules, it is agreed that the arbitrator is specifically denied the authority to consider or
certify any Class Action for any dispute, controversy or claim arising from or related to this Release. However, if
these Class Action restrictions are ever deemed illegal or prohibited by applicable law, they shall be severed from
this arbitration provision. In that event, any Class Action shall be prohibited by applicable law the parties agree that
such actions shall be brought in court of competent jurisdiction in connection therewith and each of the parties
hereby consents to the sole and exclusive jurisdiction of the state and federal courts of the State of California,
County of Los Angeles, Central District. For purposes of this Release, “Class Action” shall mean claims brought on
behalf of or allegedly representing or including other persons or entities, including but not limited to any class,
consolidated, representative, collective or private attorney general action. This arbitration provision is subject to the
Federal Arbitration Act, and may be enforced in any court of competent jurisdiction. I ACKNOWLEDGE THAT
BY AGREEING TO THIS RELEASE AND CORRESPONDING ARBITRATION AGREEMENT, I
HEREBY IRREVOCABLY WAIVE ANY RIGHT I MAY HAVE TO A COURT TRIAL (OTHER THAN
SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY
GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A
MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER
PROCEEDING FILED AGAINST HYBE OR HYBE PARTIES.

You and HYBE agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact
of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator’s
decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the
arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its
confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a
judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by
law or court order. In keeping with the confidential nature of the arbitration, you and HYBE agree that an order
confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before
taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other
party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation
proceeding performs its obligation under the terms of the arbitration award within fifteen (15) business days of such
notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the
award.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO
THESE TERMS OR THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH
CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE
PERMANENTLY BARRED.

This Release sets forth the entire agreement between us with respect to the subject matter hereof and may not be
altered or amended except in writing signed by both parties. This Release shall be binding on all of my
successors-in-interest and heirs. The provisions of this Release shall survive the termination of this Release to the
extent necessary to effectuate the terms contained herein. I acknowledge and agree that I may not assign, pledge, or
otherwise transfer this Release, whether by operation of law or otherwise, without HYBE’s prior written consent,
and any assignment in contravention hereof shall be null and void ab initio. This Release shall remain in full force
and effect as to the remainder of this Release if any term, provision, covenant or condition of this Release, or the
application thereof, to any person, place or circumstance, shall be held by a court of competent jurisdiction to be
invalid, unenforceable or void. The waiver by me or HYBE of any breach or violation of any provision of this
Release shall not operate or be construed a waiver of any subsequent breach or violation hereof. This Release shall
be construed in accordance with the laws of the state of California, without regard to conflict of law principles.
Each party agrees that the Electronic Signatures and or consents, whether digital or encrypted, of the parties as to the
acceptance of the terms of this Release are intended to authenticate this writing and to have the same force and effect
as manual signatures of this Release. “Electronic Signature” as used in this Release means any electronic sound,
symbol, or process attached to or logically associated with a record and executed and adopted by a party with the
intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform
Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.) as amended from time to time.

You might also like