Electric Effect Consent Agreement  

    THIS AGREEMENT is entered into on between Erin Jacobson ("Erin"), and You ( Individually and collectively referred to as "Artist," in connection with the podcast radio show produced, hosted and maintained by Erin.)   As used herein, the phrase Electric Effect shall mean the podcast radio show produced, hosted and maintained by Erin, and all audiovisual works, websites and promotional materials that are related to or part of the podcast radio show (" Electric Effect ").            


   In consideration of the mutual promises herein contained, it is agreed and understood as follows:

  1. Ownership
    1. Erin will own all the results and proceeds of Artist's services in connection with Electric Effect including but not limited to any live performances, audiovisual works or interviews embodied in Electric Effect , except Artist will retain all ownership in Artist's musical compositions and pre-existing sound recordings ("The Works").
    2. The Works shall be considered a "work made for hire" for Erin, if for any reason any one (1) or more of The Works is determined not to be a "work made for hire," then Artist hereby irrevocably grants, transfers, conveys and assigns to Erin the entirety of the rights, titles and interests throughout the universe in perpetuity in and to all of The Works, including the copyright, any and all renewals and extensions of copyright, and the right to secure copyright registrations therefor.
    3. Erin owns all right, title and interest, including but not limited to:   all sound recordings, scripted or unscripted commentary by Erin, photographs, videos, logos, copyrights, trademarks and patents of, relating to, or associated with Electric Effect throughout the universe, in perpetuity.  
  1. Grant of Rights
    1. Artist grants to Erin an irrevocable license under copyright to reproduce each musical composition written by Artist and each sound recording owned or controlled by Artist for Electric Effect in any and all media now known or hereafter devised (including, but not limited to all forms of television, radio and the Internet) and to reproduce, distribute, perform and adapt those compositions and sound recordings in connection with Electric Effect .
    2. If Artist does not own all the rights to Artist's musical compositions and/or sound recordings furnished or performed by Artist and embodied in Electric Effect , Artist will cause the appropriate third party to license such compositions and/or sound recordings in accordance with the terms of 2(a).
    3. Erin shall be the exclusive owner (as "works-made-for-hire") of any so-called "behind-the-scenes" and "making-of" photographs and audio and audiovisual recordings which display, duplicate or reproduce any part of Artist's and Artist Parties' (as defined below) activities in connection with Artist's appearance on Electric Effect (herein referred to as the "Reproductions"); provided that if any such Reproduction is determined not to be a work made for hire for Erin, Artist assigns all rights in the Reproductions (excluding the musical composition embodied therein) to Erin and the Reproductions shall be deemed transferred to Erin by this agreement.   Erin shall have the exclusive right to make and authorize the making of any Reproductions, and that the Reproductions may contain scenes in which Artist and Artist Parties appear recognizably and/or in which Artist's and Artist Parties' names, voices, likenesses, appearances or performances are used (the "Scenes").  Artist grants to Erin, throughout the universe in perpetuity, without any fees, payments or obligation to Artist and Artist Parties, the right to photograph, film, tape (audio and/or video) or otherwise reproduce and use the voices, photographs, likenesses, appearances and activities of Artist and Artist Parties in connection with the Scenes, and to exhibit, distribute, advertise, exploit, transmit or reproduce any such Scenes by all means in all media, but solely in-context , solely as part of the Reproductions, and solely in connection with the appearance by Artist and Artist Parties on Electric Effect and not in any manner which could reasonably be deemed to be offensive or disparaging to Artist and Artist Parties.      As used herein, "Artist Parties" shall mean any third parties associated or affiliated with Artist in connection with Artist's appearance on Electric Effect .   Artist shall cause Artist Parties to do all things necessary to effectuate the terms of this paragraph 2(c).
  1. Waiver of Compensation
    1. In connection with all rights granted hereunder Artist agrees to waive (and shall cause all applicable third parties to waive) all compensation arising out of or in connection with such grant of rights.
  1. Warranties and Representations
      1. Artist represents and warrants the following: 

    i. Artist has the authority to enter into this agreement and to grant all rights hereunder.

    ii. None of the results and proceeds of Artist's services hereunder or any of the materials furnished by Artist as embodied in Electric Effect shall infringe upon the rights of any other person or company.  

  1. Indemnification
    1. Artist (or any of Artist's respective agents) agrees to indemnify Erin and to hold Erin harmless against any liability, damages, costs, expenses, fees (including attorney fees and court costs) incurred by Erin in any claim, suit or proceeding arising out of, connected with or as a result of (i) any act or omission by Artist (or any of Artist's respective agents) or (ii) any inconsistency with, failure of or breach or threatened breach by you of any warranty, representation, agreement, undertaking or covenant contained in this agreement including any claim, demand or action by any third party in connection with the foregoing, which has resulted in a judgment of which has been settled with Artist's consent.