YOKNAPATAWPHA COUNTY SHERIFF'S DEPARTMENT
Investigating Officer(s): Det. T. Armstrong, Det. S. Murphy
Incident No.: 001985-19D-2020
Case Description: Dalton Kimbrough homicide investigation
The following contract was found in a box of script pages in the editing room/office (Evidence # 001985-12). This copy of the contract was unsigned.
In exchange for $20,000, I hereby authorize Charles "Chuckie" Mulroney and/or parties designated by Charles "Chuckie" Mulroney (including agencies and their clients) to exclusive rights to all my video, audio, and photographs, for use in feature films, on the internet, publishing, illustration, advertising, trade, promotion, or any other use in any medium. I release Charles "Chuckie" Mulroney 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.
TERMS & CONDITIONS
This Agreement is between Charles "Chuckie" Mulroney ("Mulroney") and the Film Director/Performer. Mulroney creates, produces, and distributes online and other products (the "Products"). Mulroney wants the right to use Film Director/Performer's likeness in the Products on the condition that Film Director/Performer assigns and releases to Mulroney 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 Mulroney's exclusive ownership of the Products and related rights.
- Mulroney 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 Mulroney) 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 Mulroney's use of the same will not infringe upon the rights of any person.
- The services provided to Mulroney 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 the inception of their creation, be entirely the property of Mulroney in perpetuity throughout the world under copyright and otherwise, free of any claim whatsoever by Film Director/Performer or any other person. Mulroney will have the right to register the copyrights in such Products derived therefrom in Mulroney's name or in the name(s) of Mulroney'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 Mulroney 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. Mulroney 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 Mulroney; 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 Mulroney 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 Mulroney. Mulroney may, at its election, delay or refrain from doing any one or more of the foregoing. Mulroney may also modify the Products in any respect at any time.
- Film Director/Performer will execute and deliver promptly to Mulroney any instruments of transfer and other documents Mulroney may reasonably request to carry out the purposes of this Agreement. Film Director/Performer irrevocably appoints Mulroney 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 Mulroney's agency and power are coupled with an interest.
- 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.
- Film Director/Performer will not on account of any breach of this Agreement by Mulroney 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 Mulroney's development, licensing, publishing, marketing, distribution, or provision of the Products or any derivatives.
- Film Director/Performer's employment with Mulroney 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.
- Film Director/Performer will hold proprietary information of Mulroney 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.