The Name and Likeness Release (“Agreement”) is a legal agreement between you and New York Knicks, LLC on behalf of itself and its affiliates (“MSG,” “we,” “us,” or “our”). This Agreement applies to your use of any products, features or services that are offered by MSG including any voice recording tools, booths or experiences and any other products, services, features, tools, platforms or otherwise where this Agreement is presented, and to which you agree (collectively, the “Services”).
By accessing and using the Services, you accept and agree to be bound by this Agreement. We may, from time to time, modify this Agreement in accordance with applicable law. Your continued use of the Services after any such modifications constitutes your binding acceptance of such changes. If you do not agree to the terms provided herein, we reserve the right to limit your ability to access or use the Services.
By entering into this Agreement, you authorize MSG to use and publicize your name, image, likeness, voice, and other personal characteristics and private information for its own commercial and business purposes, including, without limitation, for advertising, marketing, and promotional purposes, and public display on its or its business partners’ websites or mobile applications, or in any MSG or MSG affiliates’ venues in accordance with this Agreement.
You hereby irrevocably permit, authorize, grant, and license MSG and their licensees, designees, successors, and assigns, and their respective business partners and service providers, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use, your name, image, likeness, appearance, voice, other personal characteristics and private information, and all materials created by or on behalf of MSG that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures, and other print publications; electronic, magnetic, and optical media; motion pictures, television broadcast, cablecast, and satellite, home video and video on demand; radio broadcasts, display, point-of-sale, and other advertising and promotional materials, press releases; the Internet and other digital transmission or delivery methods; and mobile applications, websites on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of MSG and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to you.
MSG shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to MSG your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that you have no right to review or approve Materials before they are used by any Authorized Persons, and that no Authorized Person has any liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from any editing, alteration, or use of the Materials, or presentation of you or your likeness. Any credit or other acknowledgment of you, if any, shall be determined by each Authorized Person in its sole discretion. MSG has no obligation to create or use the Materials or to exercise any rights given by this Agreement.
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world that you or your heirs, guardians, executors, legal representatives, administrators, successors and/or assigns have or hereafter, at any time, shall or may have (collectively, “Claims”), arising directly or indirectly from any Authorized Person’s exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of MSG or any other person, and you hereby covenant not to make or bring any such Claim against any Authorized Person and forever release and discharge the Authorized Persons from liability under such Claims. You understand that MSG is relying on this Agreement and will incur significant expense in reliance on this Agreement, and you agree that this Agreement cannot be terminated, rescinded, or modified in whole or in part.
You represent and warrant to MSG that you are at least 18 years of age, and you have full right, power, and authority to enter into this Agreement and grant the rights granted hereunder, or if you are under 18 years of age, you represent and warrant that your parent or legal guardian has consented to this Agreement on your behalf. You further represent and warrant to MSG that you will provide only true and correct statements and other information in connection with this Agreement, and the Authorized Persons’ use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection herewith.
This Agreement constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. You represent that you have not relied on any statement, representation, warranty, or agreement of MSG or of any other person on MSG’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. MSG may assign this Agreement and its rights hereunder, in whole or in part, to any party. This Agreement is binding on and inures to your benefit and the benefit of MSG and its respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in City of New York, and you hereby irrevocably consent to the exclusive jurisdiction of such courts.