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Use Agreement and Release
This Use Agreement and Release, hereinafter referred to as "Agreement" is made and entered into this ____day of __________________, 200__, by and between the Urban School of San Francisco, hereinafter called "Urban School," and _________________________________________, hereinafter called "Interviewee."
WHEREAS, the Urban School has established an Oral History Archives Project, whereby interviews of individual will be videotaped and audiotaped by the Urban School and then broadcast on the Internet and via other future broadcast methods as new technologies become available.
WHEREAS, the Interviewee wishes to participate in the Oral History Archives Project by permitting the Urban School to interview Interviewee, to videotape and audiotape Interviewee's interview, and to post Interviewee's interview for broadcast on the Internet and via other future broadcast methods as new technologies become available,
Now therefore, it is hereby agreed, warranted, and represented as follows:
1. Interviewee agrees to grant Urban School permission to record his/her interview using video and audio equipment and reproduce his/her interview material. Interviewee acknowledges that he/she is under no obligation to participate in the Oral History Archives Project. Interviewee acknowledges that his/her participation is strictly voluntary. Interviewee voluntarily waives and relinquishes his/her right to privacy.
2. Interviewee agrees to grant Urban School permission to post my interviews, in whole or in part, in an area accessible to the general public such as on the Internet or via other future broadcast methods as new technologies become available. I understand that the posted material may be in any combination of transcribed text, audio, video, and/or still images captured during the interview session(s).
3. Urban School agrees that upon completion of the oral history project, Urban School will not use said tapes, transcripts and related materials for any commercial purposes, nor will it sell or transfer these materials to any other party without mutual consent from me, my heirs, executors, administrators, and/or personal representatives. As used herein the term "commercial purposes" shall mean any transaction in which money is paid or received by any party for the use of such oral history ad/or related materials.
4. Urban School agrees that upon completion of the interviews and the corresponding public components, Interviewee, his/her heirs, executors, administrators, and/or personal representatives may use said tapes, transcripts and/or related materials for non-commercial purposes without obtaining permission from the Urban School. However, if Interviewee, his/her heirs, executors, administrators, and/or personal representatives wish to use said tapes, transcripts or related materials for commercial purposes, or as the basis for any commercial purposes, Interviewee must obtain prior written permission from the Urban School, or its designated representative. As used herein, the term "commercial purposes" shall mean any transaction in which money is paid or received by any party for the use of such oral history and/or related materials. For purposes of obtaining prior written permission from the Urban School to use the tapes for commercial purposes, Interviewee shall contact: ______________________
5. Interviewee agrees that the Urban School retains ownership over original tapes, transcripts and other recorded information, as well as all post-production materials generated from the content of the interview(s).
6. The Urban School will provide the Interviewee with a VHS tape copy with the complete unedited video taped interview within 12-months of the interview. The Urban School shall mail the VHS tape copy to:________________________________________________________________
7. Any restrictions indicated by the Interviewee below will remain in effect during his/her lifetime unless Interviewee or his/her agent or personal representative notifies the Urban School in writing to cancel such restrictions.
8. Interviewee hereby voluntarily releases, discharges, waives and relinquishes all claims that he/she may have against the Urban school, its officers, agents, employees, or students arising out of or in any way related to his/her participation in the Oral History Archives Project.
9. Interviewee agrees to defend, indemnify, and hold harmless the Urban School, its officers, directors, trustees, employees, agents and students from all claims against the Urban School or its officers, directors, trustees, employees, agents and students arising out of or in any way related to his/her participation I the Oral History Archives Project.
Agreed and executed this _____ day of _________________, 20___.