The Character Waiver is essential in situations where a character's creator or owner wishes to grant another party permission to use, modify, or commercialize a character. This document is particularly relevant in Switzerland, where personality rights and intellectual property protections are strongly upheld through federal legislation. The waiver typically includes detailed descriptions of the character, specific permitted uses, duration of rights granted, and any territorial or commercial restrictions. It serves to prevent future disputes by clearly delineating the scope of rights transferred while ensuring compliance with Swiss legal requirements, including the Code of Obligations, Copyright Act, and Data Protection regulations. The document is crucial for commercial transactions involving character licensing, merchandise production, media adaptations, or educational use.
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1. Parties: Identification of all parties involved in the agreement, including the character owner/creator and the party receiving the waiver
2. Background: Context of the agreement, including brief description of the character and purpose of the waiver
3. Definitions: Key terms used in the agreement, including definition of the Character, Rights, Territory, and Usage
4. Character Description: Detailed description of the character, including all distinctive features, characteristics, and elements covered by the waiver
5. Scope of Waiver: Explicit details of what rights are being waived and the extent of permitted use
6. Duration: Time period for which the waiver is valid
7. Representations and Warranties: Statements confirming ownership and right to grant waiver
8. Indemnification: Provisions for liability and responsibility in case of claims
9. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Commercial Usage Terms: Additional terms for commercial exploitation of the character, included when the waiver involves business use
2. Territory Restrictions: Specific geographical limitations on the waiver, included when use is restricted to certain regions
3. Moral Rights: Specific provisions regarding moral rights under Swiss law, included for creative works
4. Confidentiality: Terms regarding confidential information, included when sensitive details are involved
5. Assignment and Sub-licensing: Terms for transferring or sub-licensing rights, included when such flexibility is needed
6. Termination: Conditions and process for early termination, included for longer-term arrangements
7. Data Protection Compliance: Specific provisions for FADP compliance, included when personal data is involved
1. Character Visual Representation: Visual documentation of the character including images, sketches, or designs
2. Character Specifications: Detailed technical specifications, including color schemes, proportions, and style guides
3. Permitted Uses: Comprehensive list of specifically permitted uses and applications of the character
4. Prohibited Uses: List of explicitly prohibited uses or modifications of the character
5. Pre-existing Rights: Documentation of any pre-existing rights or licenses related to the character
6. Commercial Terms: Detailed commercial terms and conditions if applicable
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