Evidence: Unsigned contract


YOKNAPATAWPHA COUNTY SHERIFF'S DEPARTMENT

Investigating Officer(s): Det. S. Murphy, Det. T. Armstrong
Incident No.: 002221-15H-2004
Case Description: Corwin Fitz Homicide

The following contract was found in a box of script pages in the editing room/office (Evidence # 002221-15). As it is presented here, the original contract was unsigned.

RELEASE

In exchange for $20,000, I hereby authorize Charles "Chuckie" King and/or parties designated by Charles "Chuckie" King (including agencies and their clients) to exclusive rights to all my video, audio, and photographs, for use in feature films, on the world wide web, publishing, illustration, advertising, trade, promotion, or any other use in any medium. I release Charles "Chuckie" King and his designees from any and all liability, claims and demands coming out of the use of these photographs. This agreement is subject to the terms and conditions described on the attached page (s).

I am over 18 years of age, and fully understand the terms of this release.

Signature: ______________________________

Date: ______________________________

Address: ______________________________

TERMS & CONDITIONS

This Agreement is between Charles "Chuckie" King ("King") and the Film Director/Performer. King creates, produces and distributes online and other products (the "Products"). King wants the right to use Film Director/Performer's likeness in the Products on the condition that Film Director/Performer assigns and releases to King all right, title and interest in and to all online and other products and all derivative works developed, designed or created containing Film Director/Performer's likeness. Film Director/Performer confirms King's exclusive ownership of the Products and related rights.

  1. King will have the irrevocable, perpetual right, without any liability to any other person, to use and to authorize other persons to use Film Director/Performer's name and voice and likenesses (including pictures, portraits, caricatures and stills and all personal documents provided by Film Director/Performer to King) of the Film Director/Performer through multiple tiers of distribution: (i) within the Products; (ii) within all works derived from the Products; and (iii) in advertising, marketing and collateral materials and promotional appearances prepared for purposes of promotion and trade and in connection with other merchandising of any kind, including the making and exploitation of the Products and/or any derivatives thereof and in general goodwill advertising. Film Director/Performer warrants and represents that Film Director/Performer owns the exclusive rights to so use the names, voice and likenesses and that King's use of the same will not infringe upon the rights of any person.
     
  2. The services provided to King under this Agreement will be considered a "work made for hire." The performances and voice and likenesses contained in the Products and any additional works and products derived from the Products will from inception of their creation be entirely the property of King in perpetuity throughout the world. under copyright and otherwise, free of any claim whatsoever by Film Director/Performer or any other person. King will have the right to register the copyrights in such Products derived therefrom in King's name or in the name(s) of King's designee(s) and to secure any and all renewals and extensions thereof. Without limiting the generality of the foregoing, Film Director/Performer assigns to King all of the Film Director/Performer's right and title to the copyrights in perpetuity throughout the world in and to the performances and the voice and likenesses and any and all renewals and extensions of such copyrights. King will have the sole, exclusive and unlimited right throughout the world to distribute Products embodying any portion(s) ) or all of the performances of film Director/performer; to import, export, sell, transfer, license, rent, deal in or otherwise dispose of the Products and products derived from the Products throughout the world under any trademarks, trade names or labels designated by King; to edit the Products: to adapt the Products for the purposes, without any additional payments to Film Director/Performer other than as expressly set forth in this Agreement. Film Director/Performer particularly acknowledges and agrees that Film Director/Performer has sold, assigned, transferred and conveyed to King all of Film Director/Performer's moral rights (whether now existing or hereafter acquired) in the Products. If such transfer is not possible, Film Director/Performer hereby waives and agrees never to assert any such moral rights against King. King may, at its election, delay or refrain from doing any one or more of the foregoing. King may also modify the Products in any respect at any time.
     
  3. Film Director/Performer will execute and deliver promptly to King any instruments of transfer and other documents King may reasonably request to carry out the purposes of this Agreement. Film Director/Performer irrevocably appoints King as Film Director/Performer's agent and attorney-in-fact to sign any such documents in Film Director/Performer's name and to make appropriate disposition of them consistent with this Agreement. Film Director/Performer acknowledges that King's agency and power are coupled with an interest.
     
  4. In exchange for the rights granted by Film Director/Performer, Publisher will pay Film Director/Performer the amount set forth on the Cover Sheet. Film Director/Performer acknowledges the receipt and adequacy of the payment to him/her, and other good and valuable consideration, as sufficient consideration under this Agreement.
     
  5. Film Director/Performer will not on account of any breach of this Agreement by King have any right to: (i) terminate this Agreement; (ii) recover or obtain any rights in or to the Products, any derivatives or any intellectual property rights in and to any of the foregoing; or (iii) enjoin or otherwise interfere with King's development, licensing, publishing, marketing, distribution, or provision of the Products or any derivatives.
     
  6. Film Director/Performer's employment with King is an "at-will" relationship, meaning that it may be terminated at any time, with or without cause or notice. Film Director/Performer is not eligible for any benefits which include but are not limited to health insurance, vacation, 401K or profit sharing.
     
  7. Film Director/Performer will hold proprietary information of King and the Product in confidence. Any claim, dispute or controversy arising out of or in connection with this Agreement or the breach or alleged breach thereof will be submitted by the parties to binding arbitration. The award entered by such arbitrator shall be binding upon the parties and judgment on such award may be entered in any court having jurisdiction over the parties. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter and supersedes all prior understandings. This Agreement may not be amended or modified without the prior written consent of all parties. No rights of any party will be waived except in writing signed by such party. This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi.