TOKiMONSTA, Inc.
3383 Robertson Place
Los Angeles, CA 90034
December 26, 2017
______________________
______________________
______________________
Dear Gentlepersons,
The following, when signed by you and by us (“TOKiMONSTA, Inc”), will constitute
our agreement with you:
1. TOKiMONSTA, Inc. hereby commissions you to photograph, film, record and
produce behind-the scenes and other audio-visual footage in connection with Jennifer Lee p/k/a
“TOKiMONSTA” (the “Work”) in accordance with the plans and concept approved by
TOKiMONSTA other directions. Without limiting the preceding sentence, you will cause each
individual (other than Jennifer Lee) included in the Work to execute a release agreement in the
form of Exhibit A attached to this agreement. You shall be responsible for all costs in connection
with the Work, all material and equipment necessary in connection with the photography of the
Work, and all laboratory costs. TOKiMONSTA will not be required to reimburse you for any
costs over and above the approved budget unless you have received prior approval in writing from
TOKiMONSTA.
2. The Work and any portions thereof (including all copies, versions, outtakes, unused
scenes, edits and all other footage created in connection with the production thereof, including,
without limitation, any and all treatments, storyboards, characters, concepts and all duplications
thereof in whatever form, together with the performances embodied therein, and any musical,
dramatic, artistic and literary materials, ideas and other intellectual properties contained in the
Work or developed in the production of the Work) will be considered a work made for hire and
TOKiMONSTA will own all copyrights, the exclusive rights to use the Work (or any elements
therefrom) medium, now known or devised in the future, perpetually and throughout the world,
including, without limitation, on phonorecords (including sound alone and audiovisual
reproductions), and for use in promotion, publicity and marketing materials in connection with
phonorecords. TOKiMONSTA may in its sole discretion edit, change, translate, dub and subtitle the
Work, and do additional photography in connection with the Work, and TOKiMONSTA shall
have no obligation to employ you to do so.
4. TOKiMONSTA and any licensee of TOKiMONSTA each shall have the right
and may grant to others the right to reproduce, print, publish, or disseminate in any medium your
name, the names, portraits, pictures and likenesses of any persons furnished or selected by you
and performing services in connection with the Work (including, without limitation, all
1
professional, group, and other assumed or fictitious names used by them), and biographical
material concerning them as news or information, for the purposes of trade, or for advertising
purposes.
5. You warrant and represent that (a) you have the right and power to enter into and
fully perform this agreement; (b) no use of the Work by TOKiMONSTA or its licensees for any
purpose will violate any law or infringe any rights of others; (c) you have not done or permitted and
will not do or permit any act or thing which shall or may impair in any manner the rights herein
granted; (d) there is no litigation, dispute, claim or action in connection with the Work; (e) no injury,
death or disability to any person or damage to any property occurred in connection with the
production of the Work; (f) TOKiMONSTA will not be required to make any payments in
connection with the Work or its use, (g) to the extent you have used the services of any third parties
(other than third parties who only appear in the Work), you have the right to those services and the
power to grant all rights resulting from the proceeds of their services TOKiMONSTA; and
(h) you will execute such further instruments as TOKiMONSTA may require to effectuate the
purpose and intent of this agreement. You will indemnify and hold TOKiMONSTA and any
licensee of TOKiMONSTA harmless against all claims, damages, liabilities, and expenses
(including reasonable counsel fees and legal expenses) arising out of any breach of your
representations and warranties.
6. This agreement contains the entire understanding of the parties and will be governed
by the laws of the State of California applicable to contracts entered into in California and entirely
performed there. No change of this agreement will be binding upon TOKiMONSTA unless made
by an instrument signed by an authorized signatory of TOKiMONSTA. TOKiMONSTA may
assign its rights under
[INTENTIONALLY LEFT BLANK]
2
this agreement in whole or in part. You will perform under this agreement as an independent
contractor and not as TOKiMONSTA’s agent or employee.
Very truly
yours,
Jennifer Lee p/k/a “TOKiMONSTA”
By:
ACCEPTED AND AGREED TO:
My taxpayer identification number (social security number or employer identification number) is
____________. Under the penalties of perjury, I certify that this information is true, correct and
complete.
3
EXHIBIT A
RELEASE/AUTHORIZATION
For good and valuable consideration, the receipt of which is acknowledged, I hereby expressly
grant to TOKiMONSTA (“TOKiMONSTA” or “you”) and to TOKiMONSTA licensees,
successors and assigns the right throughout the universe in perpetuity to the Work and
photograph me, my voice, conversation and sounds, and/or otherwise reproduce my physical
likeness in, and in connection with the exhibition of, any visual and/or audio-visual work
featuring or promoting Jennifer Lee p/k/a “TOKiMONSTA” (the "Work”) or derivative
works thereof and for advertising, promotion, or any other lawful purpose whatsoever. I
understand and agree that you shall be the exclusive owner of all copyright and other rights in
and to such photograph, film, tape or other recording of my voice or physical likeness, and you
and your licensees, successors and assigns shall have the unlimited right to copyright, publish,
exhibit and otherwise exploit the Work or any part thereof in any manner you desire, in any
manner or media now known or hereafter developed. I further grant you and your licensees,
successors and assigns, the right to record and exploit in any manner whatsoever throughout
the universe in perpetuity any recordings made by you of my voice and all instrumental,
musical, or other sound effects produced by means the same may be embodied in such Work. I
hereby waive any rights of privacy or publicity, whether granted by statute or common law,
that I may have in connection with the Work. I understand and agree that I will have no right
or review or approval in connection with your use of the Work or any derivative works thereof
and that the rights granted herein include the right to alter, edit or distort any or all elements of
the Work in any manner. I warrant and represent that I have the right and power to enter into
this agreement and grant the rights set forth herein and that no consent or authorization from
any third party is required in connection therewith. I warrant and represent that I am over
eighteen (18) years of age. I hereby certify and represent that I have read the foregoing and
fully understand the meaning and effect thereof and, intending to be legally bound, I have
hereunto set my hand this day of 2017.
NAME:____________________________ SSN:_____________________________
ADDRESS:
SIGNATURE:
If the above individual is not eighteen years of age or older as of the date of this release and
authorization, the following must be completed:
I hereby represent that I am the parent or legal guardian of and that I
consent to entering into this release and agree to have be
bound by the terms hereof.
By:_____________________________