R.J. Perry of MadLab Entertainment Group, LLC (“Producer”), and the undersigned legal owner or authorized representative of the filming location (“Owner”), agree to the following conditions in connection with filming Celebrity Scares, Spooky Kisses Haunts, and any other audiovisual production produced by MadLab Entertainment Group, LLC, together with any related episodes, trailers, promotional materials, advertising, social media content, behind-the-scenes material, compilations, derivative works, and other related productions (collectively, the “Production”), on the date or dates listed below.
Owner agrees that Producer and Producer’s employees, contractors, host or hosts, celebrity guests, cast members, crew members, agents, representatives, invitees, vehicles, equipment, and other persons designated by Producer may enter upon and use the filming location and surrounding property identified below (the “Property”) on the authorized date or dates.
Producer may use the Property for the purposes of preparing for and making photographs, interviews, performances, conversations, reactions, video recordings, audio recordings, behind-the-scenes footage, aerial imagery where permitted by law, and other audiovisual recordings (collectively, the “Recordings”) in connection with the Production.
Producer agrees to repair or reimburse Owner for any physical damage to the Property directly caused by the negligent acts or omissions of Producer or Producer’s personnel during the authorized filming period, reasonable wear and tear excepted.
Filming Activities
Owner acknowledges and agrees that the Production may include interviews, performances, conversations, reactions, behind-the-scenes footage, and other appearances by Producer’s host or hosts, celebrity guests, cast members, crew members, contractors, and other persons designated by Producer while on the Property.
Owner grants Producer the unrestricted right to photograph, record, and otherwise capture such activities throughout the authorized filming areas of the Property and to include the Property and all resulting Recordings in the Production.
Owner acknowledges that the participation of any particular celebrity, performer, cast member, host, or guest is at Producer’s sole discretion and may change without notice. Any such change shall not affect the validity or enforceability of this Agreement.
Detailed Description of Use
Owner authorizes Producer to edit, modify, reproduce, distribute, exhibit, publicly perform, publicly display, advertise, promote, license, and otherwise use the Recordings as Producer determines, in whole or in part, in connection with the Production.
Authorized uses include, but are not limited to, television, streaming platforms, theatrical exhibition, websites, social media, trailers, teasers, clips, excerpts, promotional materials, advertising, behind-the-scenes content, future seasons, compilations, derivative works, and any other media now known or hereafter devised.
The Recordings may be used throughout the world and in perpetuity without any further consent from or compensation to Owner.
Producer and Producer’s successors, assigns, distributors, exhibitors, broadcasters, and licensees shall own all right, title, and interest, including all copyrights and other intellectual property rights, in and to the Production and the Recordings. Producer may use, license, transfer, assign, and otherwise dispose of the Production and Recordings throughout the world, in perpetuity, without limitation and in Producer’s sole discretion.
Production Operations
Producer agrees to conduct filming in a professional manner and to make reasonable efforts to minimize unnecessary disruption to Owner’s normal business operations.
Producer will coordinate filming activities with Owner’s designated representative and operational staff so that filming may be conducted safely and efficiently. Producer acknowledges that the safety of Owner’s guests, employees, contractors, production personnel, and the public shall take priority throughout the authorized filming period.
Producer will work with Owner’s operational staff to coordinate filming around attraction operations and guest flow. Producer intends to maintain a minimal operational footprint and will make reasonable efforts not to interrupt normal attraction operations, stop queue lines, or otherwise interfere with Owner’s production night, except for brief periods agreed upon with Owner’s designated representative.
Property Access, Parking and Equipment
Owner grants Producer reasonable access to the Property for production personnel, celebrity guests, vehicles, cameras, sound equipment, lighting equipment, loading, unloading, parking, staging, setup, filming, and breakdown during the authorized filming period.
Owner may permit Producer to use existing electrical service on the Property as reasonably necessary for filming, subject to coordination with Owner’s designated representative.
Safety and Operational Instructions
Producer agrees to comply with all reasonable safety rules communicated by Owner and will make reasonable efforts to ensure that Producer’s personnel follow reasonable instructions provided by Owner’s designated operational or safety representatives.
Owner may temporarily suspend filming when reasonably necessary to address an immediate safety concern, emergency, threat to guests or staff, or material interference with Owner’s normal operations. The parties will cooperate in good faith to resume filming as soon as reasonably practical.
Owner Representations and Release
Owner represents and warrants that Owner has the full legal authority to enter into this Agreement and to grant the permissions and rights contained herein.
The individual signing this Agreement represents and warrants that they are fully authorized to enter into this Agreement and to legally bind Owner to all of its terms.
Owner further represents and warrants that the rights granted under this Agreement will not conflict with or violate any commitment, agreement, restriction, or understanding involving Owner, nor infringe upon the rights of any person or entity.
Owner expressly releases Producer and Producer’s employees, directors, officers, contractors, agents, successors, assigns, distributors, exhibitors, broadcasters, and licensees from claims, losses, costs, expenses, settlements, demands, and liabilities arising from the authorized use of the Recordings in accordance with this Agreement, or from the inaccuracy or breach of any representation, warranty, covenant, agreement, or undertaking made by Owner herein, except to the extent caused by Producer’s gross negligence or willful misconduct.
Publicity and Endorsement
Nothing in this Agreement shall be interpreted as requiring Producer, Producer’s host or hosts, celebrity guests, cast members, or other participants to endorse, sponsor, recommend, or otherwise commercially support the Property, Owner, or Owner’s business.
Owner may publicly state that filming occurred at the Property only after Producer has publicly announced the filming or has otherwise provided Owner with prior written authorization.
Owner shall not use the name, image, likeness, voice, signature, photograph, video, or other identifying attributes of any celebrity guest, host, cast member, or participant in paid advertising, merchandise, endorsements, promotional materials, or other commercial uses without Producer’s prior written consent and any additional permission required from the applicable individual or their representative.
Owner shall not announce or otherwise disclose the identity of any celebrity guest, host, cast member, or participant, or publish, distribute, post, or otherwise use any photographs, video, recordings, call sheets, production schedules, filming dates, episode details, behind-the-scenes information, or other materials concerning the Production at any time without Producer’s prior written consent.
Owner is encouraged to share, repost, or otherwise promote official Celebrity Scares content that has been publicly released by Producer through Producer’s official social media channels, provided such content is shared in its original form and is not altered or used in a manner that suggests an endorsement by any celebrity guest or participant.
Celebrity Guest and Production Access
Owner shall ensure that its employees, contractors, performers, vendors, and other personnel do not request photographs, selfies, autographs, personal recordings, or other personal interactions with celebrity guests during the Production without Producer’s prior approval.
Owner shall reasonably manage its personnel and operations so as not to interrupt, delay, interfere with, or otherwise impede the Production or the scheduled arrival, filming, movement, or departure of celebrity guests.
Producer may, at its sole discretion and subject to the celebrity guest’s approval and the production schedule, accommodate a reasonable staff photograph or similar interaction following filming.
Confidentiality
Producer agrees to maintain the confidentiality of any proprietary or sensitive information discovered during filming at the Property.
“Sensitive Information” means non-public information disclosed by Owner or discovered during filming that is identified as confidential or that a reasonable person would understand to be confidential, including financial records, personal data, security information, or trade secrets.
Sensitive Information does not include information that is publicly known, independently developed by Producer, lawfully received from a third party, or intentionally made available by Owner for filming.
Nothing in this section shall restrict Producer from filming, depicting, discussing, or using Recordings of any areas, attractions, scenery, sets, props, performances, characters, costumes, effects, or operations intentionally made available by Owner for filming during the authorized production period.
Producer shall not disclose Sensitive Information to a third party without Owner’s prior written consent. However, this confidentiality obligation shall not restrict Producer’s artistic, creative, or editorial discretion in editing, producing, marketing, distributing, or otherwise exploiting the Production.
Rescheduling and Force Majeure
If filming cannot occur as scheduled due to weather, illness, talent availability, travel delays, mechanical failure, governmental restrictions, acts of God, force majeure, or other circumstances beyond Producer’s reasonable control, the parties agree to cooperate in good faith to establish a mutually agreeable replacement date.
A change in the celebrity guest, host, cast member, filming schedule, filming date, or episode assignment shall not invalidate this Agreement, provided filming occurs on an authorized or mutually agreed replacement date.
Signage, Logos and Credit
Producer will make reasonable efforts to exclude or include specific signage, logos, trademarks, or credits related to the Property when requested in writing by Owner.
However, the final decision regarding the inclusion, exclusion, presentation, editing, or identification of any signage, logos, trademarks, establishment name, or credit shall remain with Producer in order to preserve the artistic and editorial integrity of the Production.
Producer is not required to provide Owner with screen credit, promotional placement, final footage, approval rights, or access to any unfinished or completed version of the Production unless separately agreed in writing.
Editorial Control
Producer shall retain sole and final artistic, creative, and editorial control over the Production and the Recordings, including the selection, editing, arrangement, presentation, advertising, promotion, distribution, and release of the Production.
Owner shall have no right to inspect or approve the Recordings, the Production, promotional materials, advertising, or the manner in which the Property is depicted or identified.
Assignment
Producer may assign or transfer this Agreement, in whole or in part, and any rights granted under this Agreement to any successor, distributor, broadcaster, streaming platform, exhibitor, licensee, affiliated company, financing party, or person or entity acquiring an interest in the Production.
This Agreement shall be binding upon and shall benefit Producer, Owner, and their respective successors, permitted assigns, representatives, licensees, and legal representatives.
No Partnership or Agency
Nothing contained in this Agreement shall be interpreted as creating a partnership, joint venture, employment relationship, agency relationship, sponsorship, fiduciary relationship, or other business association between Producer and Owner.
Neither party shall have the authority to make any representation, agreement, or commitment on behalf of the other party unless specifically authorized in writing.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located.
Any dispute arising out of or in connection with this Agreement shall be resolved in the applicable state or federal courts located within the state in which the Property is located.
Amendments
Any amendment or modification to this Agreement must be in writing and signed by both Producer and Owner.
Revocation
The permissions, rights, and license granted under this Agreement are irrevocable once granted.
Severability
If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
This Agreement contains the entire understanding between Producer and Owner regarding Producer’s use of the Property and supersedes any prior or contemporaneous oral or written discussions, representations, communications, negotiations, or understandings concerning the subject matter of this Agreement.
No oral statement, email, text message, prior discussion, or informal communication shall modify this Agreement unless incorporated into a written amendment signed by both Producer and Owner.
