Exclusive Rights Buyout Clause
This clause applies only when expressly selected and paid for by the Client. Absent written confirmation and payment, no exclusivity or ownership transfer is granted.
1. Default Ownership
All footage, recordings, images, audio, live streams, edits, and project files created by Click & Cast Inc. remain the exclusive property of Click & Cast Inc. The Client receives a limited, non-exclusive license for internal and promotional use only.
2. Optional Exclusive Rights Buyout
Upon written request and full payment of the Exclusive Rights Buyout Fee, Click & Cast Inc. agrees to grant the Client exclusive usage rights to the final delivered Content, subject to the terms below. Raw footage is not included unless explicitly stated.
3. Scope of Exclusivity
Exclusivity applies only to:
- Final delivered content
- Specific project(s) listed in the invoice
- Defined usage scope (internal, promotional, broadcast, etc.)
4. Buyout Fee Structure
The Exclusive Rights Buyout Fee shall be calculated as 150%–300% of the base project cost, depending on:
- Event scale
- Distribution scope
- Duration of exclusivity
- Platform usage
- Geographic reach
5. Rights Transfer
Upon receipt of full Buyout Fee, Click & Cast Inc. grants the Client exclusive usage rights and waives its right to publicly monetize or distribute the Content. Copyright ownership remains with Click & Cast Inc. unless explicitly transferred in writing. Full copyright transfer requires a separate agreement.
6. Company Retained Rights
Even with exclusivity, Click & Cast Inc. retains the right to:
- Use the Content internally
- Archive the Content
- Display still frames or brief excerpts for portfolio (unless prohibited in writing)
7. No Implied Rights
No rights are granted by implication. Failure to select or pay for the Exclusive Rights Buyout means Click & Cast Inc. retains full monetization rights and the Client has no exclusivity.
8. Third-Party Restrictions
Click & Cast Inc. is not responsible for:
- Platform takedowns
- Performer copyright claims
- Music licensing violations by the Client
- Third-party usage beyond agreed scope
9. Termination & Breach
If the Client breaches this clause, exclusivity is immediately revoked, Click & Cast Inc. may pursue legal remedies, and no refund will be issued.
10. Governing Law
This clause is governed by the laws of the Province of Ontario and Canada.
11. Acceptance
This clause is binding only when selected in writing, included on the invoice, and paid in full.