My apartment lease contract in California (Bay Area) has an addendum about waiving the rights to "recordings" taken or made of me. The addendum is formulated in highly legal jargon and its ramifications are not transparent to me as a lay person. In point 1. of the addendum (posted below) no reference is made under which circumstances these "recordings" are to be taken. The clause "good and valuable consideration" appears sketchy to me (see: https://www.adamsdrafting.com/good-and-valuable-consideration/). I am also worried by the fact that I have to waive my rights under California Civil Code Section 1542.
My question pertaining to this waiver of my privacy rights is the following:
Can the text in the addendum be interpreted to apply to
a) "recordings" taken at all locations on the premises
(e.g. footage captured by security cameras, or a person affiliated with the "Owner" capturing a picture or video of me while in the community swimming pool, gym or on my balcony, or a voice recording of a conversation in a common area, or a digital recording of the smart home devices and associated apps like AC thermostat like use patterns or a list of my deliveries or guests through the smartdoor and delivery facilities provided by the apartments),
b) exclusively only to "recordings" captured at social events that are explicitly organized events for all tenants as mentioned in the first paragraph of the addendum?
From time to time, 'Name of Apartment Complex' (“Owner”) hosts events, activities and contests for its tenants [and potential tenants.] Before you may participate in any such events, we ask that you complete this Authorization and Release. Accordingly, in exchange for the right to participate in community-sponsored events, which you acknowledge is valuable and good consideration, you agree to the following. I authorize and grant the right to Owner and/or anyone authorized by and/or acting on behalf of Owner to:
- Use, reproduce, publish and depict my name, portrait, voice, signature, photograph and/or likeness in any manner that Owner deems necessary or appropriate, in and in connection with, without limitation, the use, production, distribution, sale, publication, exhibition, and/or exploitation of any and all photographs, films, video tape, audio tape, digital recordings, and/or other recordings (the “Works”) taken and/or made of me in any manner by Owner or its representatives.
- Copyright the Works in the name of Owner, and another other name that Owner may select in its sole discretion.
- Use, reproduce, publish, distribute, exhibit, broadcast, televise, and/or exploit the Works in whole or in part, severally or in connection with any other photographs, films, video tape, audio tape, digital recordings, and/or other recordings, in any medium and for any purpose whatsoever, including, without limitation, on or in products, merchandise, and/or goods, or for purposes of advertising, selling, and/or soliciting the purchase of products, merchandise, goods and/or services.
The rights granted herein are granted in perpetuity, worldwide, and without limitation as to the medium by which the Works may or will be displayed or the manner of exploitation.
Owner shall retain sole ownership of all worldwide copyrights and other property rights and interests in and to the Works made and/or produced by Owner or its representatives in connection with this Authorization and Release, and shall retain all of the rights afforded to copyright owners under all applicable foreign and domestic laws, rules and regulations, including, without limitation, the right to receive royalties distributed pursuant to such laws, rules, and regulations and to sue for infringement. Owner shall retain the unrestricted and unencumbered right to assign, license, sell and/or exploit the Works and/or their rights therein in whatever medium they may be fixed. Any and all proceeds derived therefrom shall be retained by Owner.
TO THE FULLEST EXTENT PERMITTED BY LAW, I AGREE TO INDEMNIFY, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS OWNER, its stockholders, directors, officers, partners, employees, agents, representatives, successors, heirs and assigns, and each and every person acting by, through, under, or in concert with them, or any of them (collectively and individually referred to as the “Indemnified Parties”) of and from all manner of action or actions, cause or causes of action, at law or equity, suits, claims, demands, damages, liability, lost cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter referred to as “Claims”) that I may have or hereafter have against the Indemnified Parties by reason of any injuries that I sustain, whether to my person, property, and/or reputation, including, without limitation, any and all claims for defamation and/or invasion of privacy, as a result of or incident to the Indemnified Parties’ use of my name, voice, signature, photograph and/or likeness in connection with the Works and/or in any manner authorized or contemplated in this Authorization and Release.
I acknowledge and agree that this Authorization is intended to satisfy any and all of the consent requirements of California Civil Code sections, and I hereby waive and release any and all claims that I may have or hereafter have against the Indemnified Parties under those that statutes or any other statues or common law or principles of similar effect.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT,IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BEING AWARE OF THIS CODE SECTION, I HEREBY EXPRESSLY WAIVE ANY RIGHTS I MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OR SIMILAR AFFECT.
This Authorization and Release shall inure to the benefit of the legal representatives, licensees, successors and assigns of the Indemnified Parties. The rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of California.
I acknowledge that I have had adequate opportunity to read this Authorization and Release and to make whatever investigation or inquiry I may have deemed necessary or desirable in connection with the subject matter of this Authorization and Release prior to executing it. I further acknowledge that I have executed this Authorization and Release voluntarily and with full knowledge and understanding of its contents.
IN WITNESS WHEREOF, I have executed this Authorization and Release as of the date indicated below.