
MO VILLA PRODUCTIONS
6330 SAN VICENTE BOULEVARD, 5TH FLOOR, LOS ANGELES, CALIFORNIA 90048
TEL (323) 330-6060 FAX (323) 934-8680
Via Email:
May 11, 2009
Aaron Cohen
c/o LV Management
3200 Cheviot Vista Place, Suite 20
Los Angeles, California 90034
Attention: Steven Katz
Re: "ENTOURAGE" – Aaron Cohen Release
Dear Aaron:
This will confirm that you graciously have consented to the non-exclusive
use of
your name, Aaron Cohen, solely in connection with the television series
entitled
“ENTOURAGE” (the “Series”) and in the advertisement and promotion thereof
for no
compensation; as described to you, for the character in the Series presently
named
“Aaron Cohen” (the “Character”) in a variety of scenes. Although the
Character is
intended to depict a fictional person, the character name is the same as
your name and the
Character may exhibit certain characteristics that are similar to yours or
be involved in
certain events that are similar to events that you may be involved in.
In connection therewith, you hereby agree that you will not assert or
maintain
against Mo Villa Productions, Inc. (“Producer”) and Home Box Office, Inc.
(“HBO”) and
their respective parents, subsidiaries and affiliated companies,
distributors, assigns and
licensees and the respective shareholders, directors, officers, employees
and agents of the
foregoing (“Producer Parties”) and you release the Producer Parties from and
against, any
claim or action of any kind or nature whatsoever, including but not limited
to, those
grounded upon invasion of the right of privacy or of publicity, defamation,
libel or
slander or for any other reason in connection with the use of the Character
(as presently
conceived or as developed in the future) in the Series and any subsequent
production or
other exploitation based thereon, regardless of whether the Character as
portrayed in the
Series actually bears any resemblance or similarity to you.
You give Producer the foregoing consent and authority with the knowledge and
understanding that it will be relied upon by Producer and others. This
release shall be
binding upon you and your heirs, executors, administrators, successors and
assigns. This
consent shall in no way limit any rights Producer may already have as a
member of the
general public. This consent shall be assignable by Producer to any company
that intends
to produce or distribute the Series.
The consent and release you have provided is meant to be ongoing. You
therefore
hereby specifically waive the provisions of California Civil Code Section
1542 and all
similar statutes which provides: “A general release does not extend to
claims which the
creditor does not know or suspect to exist in his favor at the time of
executing the release,
which if known by him must have materially affected his settlement with the
debtor.”
For good and valuable consideration (receipt of which is hereby
acknowledged),
all of the results and proceeds of every kind and nature of your services
shall be deemed a
“work made-for-hire” for Producer and accordingly, Producer shall be deemed
the
“author” of the Work.
On the condition that you are not in breach or default hereof and have
performed all
obligations, Producer shall accord you screen credit in substantially the
form of “Technical
Consultant” on Episode #608 and #609 of the Series. Except as set forth
herein, all
aspects of your credit shall be determined by Producer in its sole
discretion. No casual or
inadvertent failure by Producer, or any third party(ies) to comply with the
credit
obligations of this section shall be deemed a breach of this agreement.
If the foregoing accurately reflects your understanding of the consent and
release
you have and hereby do provide to Producer, kindly sign in the place
provided below and
return a copy of this letter to me.
We very much appreciate your cooperation in this matter.
Sincerely,
Mo Villa Productions, Inc.
ACKNOWLEDGED AND AGREED TO:
________________________________________
Print Name
________________________________________
Address
________________________________________
City, State, Zip
________________________________________
Signature