MO VILLA PRODUCTIONS
6330 SAN VICENTE BOULEVARD, 5TH FLOOR, LOS ANGELES, CALIFORNIA 90048
TEL (323) 330-6060 FAX (323) 934-8680
May 11, 2009
c/o LV Management
3200 Cheviot Vista Place, Suite 20
Los Angeles, California 90034
Attention: Steven Katz
Re: "ENTOURAGE" – Aaron Cohen Release
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.
Mo Villa Productions, Inc.
ACKNOWLEDGED AND AGREED TO:
City, State, Zip