PL-035. Orca’s – Port and Starboard swimming in South Africa

LICENSING AGREEMENT


The Licensor (Ryan Johnson) understands that Licensee wishes to use the described material, and/or portions of it, in connection with a specific media project. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Licensor agrees as follows:


The licensor irrevocably and in perpetuity hereby grants the Licensee the non-exclusive right to use the Material, and/or any portions of it, throughout the world, in connection with a single program (The Program). As an example, but not to limit the generality of the foregoing, Licensee rights shall include (without limitation) the right to televise, distribute, advertise or otherwise use, exploit or adapt in all languages, in any manner, media or communication (whether now known or hereafter developed), the Program, including the Material, and/or any extracts or sequences therefrom (e.g. via speciality television, wireless, and mobile and broadband). The Licensor hereby waives any moral or similar rights it may have in the Material and in the Program.


2. The Licensor agrees that all rights in and to the Material as incorporated into The Program shall absolutely and irrevocably vest in and remain with the Licensee in perpetuity throughout the world. The Licensor and Licensee each acknowledge and agree that: (i) that the Licensor shall retain copyright to the Material itself; and (ii) Licensee exclusively owns the copyright to the Program, and (iii) the Licensee’s use of the Material is limited to use in connection with the Program and the promotion of the Program.


3. The Licensor agrees to indemnify and hold harmless the Licensee, its directors, officers, employees, independent contractors and agents from and against any and all damages, losses, costs and expenses (including reasonable legal costs) incurred by the Licensor in relation to any breach of the Licensors warranties, agreements and representations given under this agreement.


4. The Licensor warrants and represents to Licensee that: (i) it exclusively owns or controls all rights necessary in order to grant the rights granted hereunder; (ii) the use of the Material by Licensee will not infringe the rights or privilege of any person, including, without limitation, any rights of privacy, publicity or personality; and (iii) the Grantor has obtained all consents, releases, waivers and rights necessary for the unfettered grant to Licensee of the rights granted in this agreement.


5. For the purpose of ease, the Licensor agrees to allow the licensee access to full-quality materials prior to the licensee determining exactly what materials, and how much materials, are required for use in the project. These materials may be used for inhouse use, and review purposes (shared with commissioner) only. No materials will be used for broadcast or for commercial use until such time as the project is finalised, and the final determination on what materials are to be utilised by the project is agreed upon. Licensee agrees to pay licensing rates as defined by Ryan Johnson rate sheet (either per second of via bulk discount) once amount of material to be utilised is finalised.

6. Upon completion of the project, the Licensee agrees to send a digital version of the project, including all used materials, to the Licensor (at sharkyryan@gmail.com) for review purposes only. The Licensor will be credited with ‘additional footage supplied by Ryan Johnson’, or equivalent thereof, in the project credits.

LICENSING AGREEMENT


The Licensor (Ryan Johnson) understands that Licensee wishes to use the described material, and/or portions of it for the purpose of producing a non-commerical sizzle / promotion video. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Licensor and Licensee agrees as follows:

1. The licensor irrevocably grants the Licensee the non-exclusive right to use the Material, and/or any portions of it in connection with a single non-commercial promotional video (The Promo) for 0.00USD. As an example, but not to limit the generality of the foregoing, Licensee rights shall include the right to use materials in the Promo to obtain funding (a commission) for a full documentary / film project (The Project) from a third-party financer.

2. The Licensor agrees that all rights in and to the Material as incorporated into The Promo shall absolutely and irrevocably vest in and remain with the Licensee for a maximum period of two years. The Licensor and Licensee each acknowledge and agree that: (i) that the Licensor shall retain copyright to the Material itself; and (ii) Licensee exclusively owns the copyright to the Promo, and (iii) the Licensee’s use of the Material is limited to use in connection with the Promo only.

3. The Licensor agrees to indemnify and hold harmless the Licensee, its directors, officers, employees, independent contractors and agents from and against any and all damages, losses, costs and expenses (including reasonable legal costs) incurred by the Licensor in relation to any breach of the Licensors warranties, agreements and representations given under this agreement.

4. The Licensor warrants and represents to Licensee that: (i) it exclusively owns or controls all rights necessary in order to grant the rights granted hereunder; (ii) the use of the Material by Licensee will not infringe the rights or privilege of any person, including, without limitation, any rights of privacy, publicity or personality; and (iii) the Grantor has obtained all consents, releases, waivers and rights necessary for the unfettered grant to Licensee of the rights granted in this agreement.

5. In return for use of materials, the Licensee agrees that upon having the project successfully funded / commissioned (including self funding) that either:

(1) Licensee agrees to utilise the services of the Licensor in one, or more, of the following roles for the project (a) onscreen talent, (b) coproducer / director, (c) drone operator, or (d) underwater camera.

or

(2) Agree to pay minimum of USD3000 for licencing of materials in the Project (regardless of if licensors material is used or not). This amount is set at a minimum of USD3000 (equilivant to between 120 and 299 seconds of materials), however licensing fees will, however, increase as per Licensor’s rates should the project require greater than 299 seconds of content.

6. Upon completion of the promo and subsequent project, the Licensee agrees to send a digital version of the promo and project, including all used materials, to the Licensor (at sharkyryan@gmail.com) for review purposes only. The Licensor will be credited with ‘additional footage supplied by Ryan Johnson’, or equivalent thereof, in the project credits.

LICENSING AGREEMENT


The Licensor (Ryan Johnson) understands that Licensee wishes to access and use full stock library of video materials (as presented on website https://ryan-johnson.me), and/or portions of it, in connection with a specific media project. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Licensor agrees as follows:


The licensor irrevocably and in perpetuity hereby grants the Licensee the non-exclusive right to use the Material, and/or any portions of it, throughout the world, in connection with a single program (The Program). As an example, but not to limit the generality of the foregoing, Licensee rights shall include (without limitation) the right to televise, distribute, advertise or otherwise use, exploit or adapt in all languages, in any manner, media or communication (whether now known or hereafter developed), the Program, including the Material, and/or any extracts or sequences therefrom (e.g. via speciality television, wireless, and mobile and broadband). The Licensor hereby waives any moral or similar rights it may have in the Material and in the Program.


2. The Licensor agrees that all rights in and to the Material as incorporated into The Program shall absolutely and irrevocably vest in and remain with the Licensee in perpetuity throughout the world. The Licensor and Licensee each acknowledge and agree that: (i) that the Licensor shall retain copyright to the Material itself; and (ii) Licensee exclusively owns the copyright to the Program, and (iii) the Licensee’s use of the Material is limited to use in connection with the Program and the promotion of the Program.


3. The Licensor agrees to indemnify and hold harmless the Licensee, its directors, officers, employees, independent contractors and agents from and against any and all damages, losses, costs and expenses (including reasonable legal costs) incurred by the Licensor in relation to any breach of the Licensors warranties, agreements and representations given under this agreement.


4. The Licensor warrants and represents to Licensee that: (i) it exclusively owns or controls all rights necessary in order to grant the rights granted hereunder; (ii) the use of the Material by Licensee will not infringe the rights or privilege of any person, including, without limitation, any rights of privacy, publicity or personality; and (iii) the Grantor has obtained all consents, releases, waivers and rights necessary for the unfettered grant to Licensee of the rights granted in this agreement.


5. For the purpose of ease, the Licensor agrees to allow the licensee access and use of their entire library of permitted materials (excluding restricted and exclusive rated materials). The licensee is free to use as much, or as little of the materials as required for the project. The licensee agrees to payment of USD15,000 licensing fee for access to, and use of materials, in project. Licensor will release content only following payment of licensing fee.


6. Upon completion of the project, the Licensee agrees to send a digital version of the project, including all used materials, to the Licensor (at sharkyryan@gmail.com) for review purposes only. The Licensor will be credited with ‘additional footage supplied by Ryan Johnson’, or equivalent thereof, in the project credits.