CASTING APPLICATION: NAKED & AFRAID

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ELIGIBILITY REQUIREMENTS AND RELEASE

  1. You must be at least 18 years of age as of April 6, 2017 to participate in the Program.
  2. You must be a U.S. citizen or lawful permanent U.S. resident.
  3. You must not be a candidate for public office and must agree not to become one until after one (1) year after the initial exhibition of the episodes of the Program in which you appear, if selected as a participant.
  4. You understand that despite any similarity to a trial, the Program is not a real legal proceeding but a television show, and is not subject to or under the jurisdiction of any governmental court system or any rules relating thereto.
  5. Detail Productions, LLC (“Producer”) and Fox Network (“Network”) reserve the right to render ineligible any person who either of them determines, in the sole discretion of either of them, is sufficiently connected with the production, administration, or distribution of the Program, such that his/her participation in the Program could create the appearance of impropriety. In making this decision, Producer and Network may consider whether you know or have known anyone who is, or has been within the last two (2) years, an employee, officer, director or agent of any of the following:

 

(i)            Producer or any other person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof;

(ii)             Network or any of its parent, subsidiary or affiliated entities;

(iii)           Any sponsor of the Program or its advertising agency; or

(iv)            Any person or entity supplying goods, services or prizes (as applicable) to the Program.

Please list any and all relationships here (if none write “none”): ____________________________________________________

_______________________________________________________________________________________________________

 

  1. You will need to be available to the production on dates to be determined in Producer’s sole discretion) and be willing to travel to various locations as part of production.
  2. If you are selected as a potential participant you must execute waivers and release agreements required by Producer and/or one or more television networks or cable platforms of Network or any of their licensees, successors or assigns.
  3. Any offer to become a participant may be conditioned upon your submission to a background check, and physical and psychological examinations to be conducted in Los Angeles, CA, by medical professionals selected by and paid for by the Producer or Network, and the certification of the medical professionals that you meet all physical and psychological requirements. You must be willing to submit medical information to the production, and you must be willing to submit to a medical examination, psychological examination, and background check, in accordance with applicable law.
  4. In exchange for Producer’s consideration of you as a participant in the Program, you hereby give the following representations, warranties, acknowledgements, consents and release:
    1. I desire to voluntarily participate in interviews and auditions for the Program and, if selected, in the Program (collectively, the “Activity”). In connection with my participation in the Activity (including, without limitation, in the Program, if selected), and by signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements; (ii) I have completed this Application & Release honestly and accurately; (iii) if any of the information in this Application & Release is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program, if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to produce the Program, and Network has no obligation to exhibit it, even if produced; (vi) all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; (vii) Producer has no obligation to return any materials submitted by me as part of the Application & Release whether or not I am selected as a participant; (viii) I am solely responsible for determining whether I am physically and mentally able to participate in the Activity (including, without limitation, in the Program, if selected). I understand that my participation in the Activity (including, without limitation, in the Program, if selected) may be physically and mentally stressful, have freely and knowingly consented to assuming such risk, and believe that I am fully capable of performing the essential functions of a participant in the Activity (including, without limitation, in the Program, if selected), with or without reasonable accommodation. Further, to the extent that I determine during the Activity (including, without limitation, in the Program, if selected) that I am unable to perform the essential functions of a participant, including, without limitation, any activity or task, I promise to inform the Producer as soon as possible either that I cannot perform the essential functions or how I can perform the essential functions with or without reasonable accommodation; (ix) I will follow all rules made and directions given by Producer and Network and their representatives in connection with the Activity (including, without limitation, the Program, if selected); and (x) I agree to keep strictly confidential all information about the Activity (including, without limitation, the Program) that I acquire during the participant selection process and/or my participation in the Activity (including, without limitation, in the Program, if selected).
    2. By submitting this Application & Release, I hereby consent to the recording, use and reuse by Producer, Network, and any of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representatives, officers and directors (collectively “Releasees”) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from and/or obtained in connection with my application to be a participant in the Program and/or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by the Producer and/or by any of the other Releasees, in any and all media now known or hereafter devised, worldwide in perpetuity, in and/or in connection with the Program and/or any other work. I agree that the Releasees and/or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that the Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video and audio that I have provided in connection with my application and/or any other materials that I have provided or may provide in connection with my application or the Program (collectively, the “Materials”). Releasees shall have the right to edit, alter or modify the Materials as determined in Releasee’s sole discretion. Releasees have the right use all or part of the Materials and/or my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. Without in any way limiting the foregoing, if I perform or include any music (other than music supplied to me by Producer) in connection with my application or the Program, I represent and warrant that I own all rights to such music, and I grant Producer the right to record, reproduce and publicly perform any such music in and in connection with the Program or any other work. Without in any way limiting the waivers and release set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from Producer and Network for the use of any such music, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties. I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I understand that I will not be paid any money for giving Releasees these rights or for signing this Application & Release.
    3. I understand that it may be a federal offense, unless disclosed to Producer prior to the exhibition of the Program, if any, to do any of the following: (i) give or agree to give any member of the production staff and anyone associated in any manner with the Program or any representative of Producer any portion of my compensation or anything else of value to arrange my appearance in the Program, or (ii) accept or agree to accept anything of value to promote any product, service or venture on the air or to use any prepared material containing such a promotion. I represent and warrant that I gave nothing of value nor did I agree to give anything of value to anyone so I could be in the Program. I know that Producer does not permit it and that it may be a federal offense not to tell Producer if I had. I shall notify Producer and the network on which the Program will air immediately if any person attempts or has attempted to induce me to do anything in violation of the foregoing or which is in any way dishonest.
    4. I hereby authorize Producer and any person or entity designated by Producer to investigate, access and collect information about me, about any of the statements made by me in this Application & Release, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a participant in the Program, or any other written or oral statements I make in connection therewith, to the maximum extent permitted by law. Without limiting the foregoing, I irrevocably authorize Producer and any person or entity designated by Producer to secure information about me and my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, any branch of the military, and any references I have provided, and I irrevocably authorize such parties to provide information concerning me. I hereby unconditionally and irrevocably release and forever discharge Producer, the persons or entities designated by Producer, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. To the maximum extent permitted by law, I specifically authorize investigation of my employment records, medical records, and government records, including but not limited to my motor vehicle records, criminal records, civil records, military records, consumer report(s). I acknowledge and agree that any such information obtained by Producer or by any person or entity designated by Producer pursuant to this paragraph or otherwise may be used for purposes of selecting participants in the Program or in the course of producing the Program, and may be described or otherwise related in and in connection with the Program, in and in connection with another program, and in and in connection with any advertising, promotion or publicity for the Program or other program, to the maximum extent permitted by law.
    5. I hereby authorize Producer and any person or entity designated by Producer to conduct psychological and physical examinations of me as required by Producer, in Producer’s sole discretion to the maximum extent permitted by law. I further authorize the individuals conducting such examinations of me to disclose to Producer and their representatives all information about me obtained in connection with such examinations, and authorize Producer to utilize such information in selecting participants for the Program. Additionally or in the alternative (in Producer’s sole discretion), I will provide Producer with certification from my personal physician stating that I am physically fit and have no medical condition that would prevent me from participating in the Program, and that engaging in the Program would not endanger my health in any way or give rise to any medical condition or exacerbate any medical condition I may have.
    6. I understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and/or Network in their sole discretion. I understand that the participant selection process may also involve subjective decisions made by the public. I further understand that those certain individuals, Network, Producer and/or other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees. I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal.
    7. I further acknowledge and agree that Producer reserves the right to consider and select participants who are not able to attend an open casting call and that Producer shall have sole discretion and control over every aspect of selecting participants, and Producer’s decisions on all matters related to selecting participants shall be final and binding and not subject to challenge or appeal.
  5. RELEASE AND AGREEMENT NOT TO SUE. My participation in the Activity (including, without limitation, in the Program, if selected) is at my own risk. On behalf of me, my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (collectively, the “Releasing Parties”), I, to the maximum extent permitted by law, release and discharge unconditionally and irrevocably Releasees from and against any and all claims, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden arising out of or in connection with my application to participate in the Program; my participation or appearance in or removal from the Activity (including, without limitation, my participation or appearance in or removal from the Program, if selected); the activities associated with the Activity (including, without limitation, the Program); any actions of me or Producer in connection with that application or participation (including any investigation conducted by Producer in connection with that application, whether as specifically authorized under this release or otherwise); Producer’s selection or failure to select me as a participant; or any Releasees’ use of any of the rights granted by me herein, including, without limitation, the Releasees’ recording and/or use or failure to use the Materials or my name, voice or likeness in any manner, or any exploitation of the Program, my Likeness or the Materials (all of the foregoing collectively referred to as the “Released Claims”). The Released Claims include, without limitation, claims for any injury, illness, damage, loss or harm to person or property, whether based on negligence, wrongful death, personal injury, infliction of emotional distress, products liability, trespass, breach of contract, breach of any statutory or other duty of care owed under applicable laws, negligent or intentional infliction of emotional distress, libel, slander, defamation, false light, false imprisonment, invasion of privacy, publicity or personality, infringement of copyright or trademark or loss of earnings or potential earnings. Further, to the maximum extent permitted by law, I agree not to sue Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity) or for any reason based on any of the Released Claims hereunder.

 

I and the other Releasing Parties acknowledge that there is a possibility that subsequent to the execution of this release, I or they will discover facts or incur or suffer claims that were unknown or unsuspected at the time this release was executed, and which if known by me at that time may have materially affected my decision to execute this release. I and the other Releasing Parties acknowledge and agree that by reason of this release, I and the other Releasing Parties are assuming any risk of the existence of such unknown facts and such unknown and unsuspected claims. I and the other Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. I and the other Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect of any jurisdiction throughout the world, and acknowledge and agree that this waiver is an essential and material term of this release.

  1. CONFIDENTIALITY. Whether or not I am selected to be a participant on the Program, I shall keep in strictest confidence and shall not disclose to any other applicant, participant or other third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any information or materials of any kind, including without limitation, any information or materials concerning or relating to Producer or to Network, the business of Producer or Network, any program produced by Producer and/or exhibited by Network, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, or the outcome of any episode of the Program, that I read, hear or otherwise acquire or learn in connection with or as a result of my applying to be a participant on the Program or (if I am selected to be a participant) as the result of my experiences as a participant on the Program (collectively, the “Information and Materials”). I acknowledge and agree that the Information and Materials are confidential and the exclusive property of Producer and/or Network. At no time will I ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Information and Materials. I acknowledge and agree that my obligations with respect to confidentiality set forth in this Application & Release shall continue in perpetuity or until terminated by Network by giving me written notice of termination. In no event will I have the right to terminate my confidentiality obligations under this Application & Release. I acknowledge that in the event I breach the confidentiality or any other provisions of this Application & Release, my breach may, in the sole discretion of Producer and/or Network, result in my being disqualified to participate as a participant in the Program. I further acknowledge that a breach by me of any of the confidentiality provisions of this Application & Release would cause Producer and Network irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that Producer and Network shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of any of the confidentiality provisions of this Application & Release by me.
  2. As used herein, “Producer” shall include Detail Productions LLC, its designees, licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives. I agree that Producer may license, assign, and otherwise transfer this Application & Release and all rights granted by me under this Application & Release to any person or entity.
  3. CHOICE OF LAW. This Application & Release shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof.
  4. MEDIATION & ARBITRATION. The parties agree that if any controversy or claim arising out of or relating to this Application & Release cannot be settled through direct discussions, they shall endeavor first to settle the controversy or claim by a mediation administered by JAMS under its applicable rules. If THE dispute is not otherwise resolved through direct discussions or mediation, the parties agree that the controversy or claim, including the scope or applicability of this agreement to arbitrate, shall THEN be resolved by FINAL AND binding confidential arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (the “JAMS Rules”, AVAILABLE AT jamsadr.com, including, without limitation, the rule providing that each party shall pay pro rata its share of jams fees and expenses, and the rules providing for limited discovery and other exchange of information). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be licensed to practice law in CALIFORNIA AND BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY. All proceedings brought pursuant to this paragraph will be conducted in the county of Los Angeles. THE PARTIES AGREE THAT THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS APPLICATION & RELEASE SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THIS APPLICATION & RELEASE OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NOTWITHSTANDING THE FOREGOING, I RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF MY CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS APPLICATION & RELEASE, OR ANY INFRINGEMENT BY ME OF PRODUCER’S OR NETWORK’s INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER AND NETWORK IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, I AGREE THAT PRODUCER AND NETWORK SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT. FURTHER AND NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY LAW, THE PARTIES AGREE THAT WITH RESPECT TO THE ARBITRATION OF ANY FEDERAL OR STATE CLAIM I BRING THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE FOLLOWING SHALL APPLY:  THE ARBITRATOR MAY AWARD ANY REMEDY THAT WOULD HAVE BEEN AVAILABLE IN COURT; THE PARTIES SHALL BE PERMITTED DISCOVERY ADEQUATE TO SECURE THE NECESSARY INFORMATION TO PRESENT SUCH CLAIM OR DEFEND AGAINST SUCH CLAIM; AND PRODUCER SHALL PAY ALL TYPES OF COSTS THAT ARE UNIQUE TO ARBITRATION.
  5. The illegality, invalidity or unenforceability of any provision of this Application & Release shall in no way affect the validity or enforceability of any of the remainder of this Application & Release, which shall be enforced to the maximum extent permitted by law.

 

I have read, understand, and agree with the foregoing. I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION & RELEASE, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS APPLICATION & RELEASE.
 

Signature: __________________________________________

Date:_______________________________________________
Name (Please print or type):______________________________

 

Address: ______________________________________________

 

Date of Birth*: _________________________________

 

* For verification purposes pursuant to 18 U.S.C. §§ 2256 et seq.

ELIGIBILITY REQUIREMENTS AND RELEASES

  1. You must be at least 6 years of age as of September 18 , 2015 to participate in the Program.
  2. You must be a U.S. citizen or lawful permanent U.S. resident.
  3. R83 Productions, Inc. (“Producer”) and The CW Network, LLC  (“Network”) reserve the right to render ineligible any person who either of them determines, in the sole discretion of either of them, is sufficiently connected with the production, administration, or distribution of the Program, such that his/her participation in the Program could create the appearance of impropriety.  In making this decision, Producer and Network may consider whether you know or have known anyone who is, or has been within the last two (2) years, an employee, officer, director or agent of any of the following:

 (i)           Producer or any other person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof; 

(ii)           Network or any of its parent, subsidiary or affiliated entities;

(iii)          Any sponsor of the Program or its advertising agency; or

(iv)          Any person or entity supplying goods, services or prizes (as applicable) to the Program.

Please list any such relationships here; if none, write “None.”  ____________________________________________________________________________________________________________________________________________________________________________

  1. If you are selected as a participant, you must be available to the production from September, 2015 to January 30, 2016 (dates subject to change in Producer’s sole discretion) and be willing and able to travel to various locations as part of production.
  2. If you are selected as a potential participant you must execute waivers and release agreements required by Producer and/or one or more television networks or cable platforms of Network or any of their licensees, successors, or assigns.
  3. Any offer to become a participant may be conditioned upon: your submission to a background check, physical and psychological examinations to be conducted in Los Angeles, CA, by medical professionals selected by and paid for by Producer and/or Network; and/or medical professionals’ certification that you meet all physical and psychological requirements for participation in the Program and all activities thereof as determined by Producer and Network in their sole and absolute discretion.  You must be willing to submit medical information to Producer and Network, and you must be willing to submit to a medical examination, psychological examination, and background check, in accordance with applicable law.
  4. In exchange for Producer’s consideration of you as a participant in the Program, you hereby give the following representations, warranties, acknowledgements, consents and releases:
    1. I desire to voluntarily participate in interviews and auditions for the Program and, if selected, in the Program (collectively, the “Activity”).  In connection with my participation in the Activity (including, without limitation, in the Program, if selected), and by signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and understand and I meet and agree to be bound by the eligibility requirements; (ii) the information contained in this Application & Release is accurate and complete; (iii) if any of the information in this Application & Release is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program, if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or to select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to produce the Program, and Network has no obligation to exhibit it, even if produced; (vi) all decisions by Producer and/or Network concerning selection of the participants are final and not subject to challenge or appeal; (vii) Producer has no obligation to return any materials submitted by me as part of the Application & Release whether or not I am selected as a participant; (viii) I will follow all rules made and directions given by Producer, Network and/or their representatives in connection with the Activity (including, without limitation, the Program, if selected); (ix) I will keep strictly confidential all information about the Activity (including, without limitation, the Program) that I acquire during the participant selection process and/or my participation in the Activity (including, without limitation, in the Program, if selected); and (x) I am solely responsible for determining that I am physically and mentally able to participate in the Activity (including, without limitation, in the Program, if selected).  I understand that my participation in the Activity (including, without limitation, in the Program, if selected) may be physically and mentally stressful.  I have freely and knowingly consented to assume such risk, and I believe that I am fully capable of performing the functions of a participant in the Activity (including, without limitation, in the Program, if selected), with or without reasonable accommodation.Further, to the extent that I determine during the Activity (including, without limitation, during the Program, if selected) that I am unable to perform the any function of a participant, including, without limitation, any activity or task, I promise to inform Producer as soon as possible either that I cannot perform the particular function or how I can perform the particular function with or without reasonable accommodation;.
    2. By submitting this Application & Release, I hereby consent to the recording, use, and reuse by Producer, Network, and any and all of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representatives, officers and directors, and any and all persons or entities designated by any of them (collectively “Releasees”) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from, and/or obtained in connection with my application to be a participant in the Program, and/or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by Producer and/or by any of the other Releasees, in their sole and absolute discretion, in any and all media now known or hereafter devised, worldwide, in perpetuity, in and/or in connection with the Program and/or any other work. I agree that the Releasees and/or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable.  I further agree that the Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights and trademarks) in and to any and all recordings made by them and in and to any and all video and audio that I have provided in connection with my application and/or any other materials that I have provided or may provide in the future in connection with my application or the Program (collectively, the “Materials”). Releasees shall have the right to edit, alter, and/or modify the Materials as determined in Releasee’s sole discretion.  Releasees have the right use all or part of the Materials and/or my Likeness in any and all media now known or hereafter devised, worldwide, in perpetuity.  Without in any way limiting the foregoing, if I perform or include any music (other than music supplied to me by Producer) in connection with my application or the Program, I represent and warrant that I own all rights to such music, and I grant Producer the right to record, reproduce (whether synchronized with moving images or not), and publicly perform such music in and in connection with the Program and/or any other work.  Without in any way limiting the waivers and releases set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from Producer and/or Network for the use of such music, including, without limitation, any applicable copyright, public performance, mechanical and/or synchronization royalties.  I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement for the Program or any other work. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever.  I understand that I will not be paid any money for giving Releasees these rights or for signing this Application & Release.  Producer’s and Network’s consideration of my application to participate in the Program is full and adequate consideration, the receipt and sufficiency of which I hereby acknowledge, for the promises I have made, the obligations I have incurred, and the rights I have granted herein.
    3. I understand that it may be a federal offense to do any of the following: (i) give or agree to give any member of the production staff, anyone associated in any manner with the Program, or any representative of Producer any portion of my compensation or anything else of value to arrange my appearance in the Program; or (ii) accept or agree to accept anything of value to promote any product, service, or venture on the air or to use any prepared material containing such a promotion. I represent and warrant that I have not given or agreed to give anything  of value  to anyone to arrange or facilitate my appearance in the Program. I understand that Producer does not permit me to do so and that it may be a federal offense not to tell Producer if I had done so. I shall notify Producer and Network immediately if any person attempts or has attempted to induce me to do anything in violation of the foregoing.
    4. I hereby authorize Producer, Network, and any person or entity designated by either to investigate, access, and collect information about me, any of the statements made by me in this Application & Release, any supporting and/or other documents that I have signed or provided or will sign or provide in connection with this application, and/or any other written or oral statements I have made or will make in connection herewith, to the maximum extent permitted by law.  Without limiting the foregoing, I irrevocably authorize Producer, Network, and any person or entity designated by either to obtain information about me and my experiences from my current and former employers, colleagues, classmates, teachers, associates, friends, family members, educational institutions, governmental agencies, the military and/or any branch thereof, and any references I have provided or will provide (collectively, “Background Providers”). I irrevocably authorize Background Providers to provide information concerning me to Producer, Network, and/or any person or entity designated by either. I hereby unconditionally and irrevocably release and forever discharge Producer, Network, the persons or entities designated by either, and Background Providers from any and all liabilities arising out of or in connection with any and all such investigation(s).  To the maximum extent permitted by law, I specifically authorize Producer, Network, and/or any person or entity designated by either to investigate my school records, employment records, medical records, and government records, including, but not limited to, my motor vehicle records, criminal records, civil records, military records, and/or consumer report(s). I acknowledge and agree that any and all information obtained by Producer, Network, and/or any person or entity designated by either pursuant to this paragraph or otherwise may be used for purposes of selecting participants in the Program and/or in the course of producing, exhibiting, exploiting, marketing, advertising, promoting, and/or publicizing the Program and/or another Program, and may be described or otherwise related in and/or in connection with the Program, another program,  and/or marketing, advertising, promotion, and/or publicity for the Program or other program, to the maximum extent permitted by law.
    5. I hereby authorize Producer, Network, and/or any person or entity designated by either to conduct psychological and physical examinations of me as required by Producer or Network, in their sole discretion to the maximum extent permitted by law.  I further authorize the individuals conducting such examinations to disclose to Producer, Network, and each of their representatives all information about me obtained in connection with such examinations (whether or not it would otherwise be deemed confidential or private). I authorize Producer and Network to utilize any and all such information to select participants for the Program.  Additionally or in the alternative (in Producer’s sole discretion), I will provide Producer my personal physician’s certification that: (i) I am physically fit; (ii)  I don’t have any medical conditions that will prevent me from participating in the Program; and (iii)  participating in the Program will not endanger my health in any way, give rise to any medical condition, and/or exacerbate any medical condition I already have.
    6. I understand and acknowledge that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and/or Network in their sole discretion.  I understand that the participant selection process may, at Producer’s and/or Network’s election, also involve subjective decisions made by the public.  I further understand that those certain individuals, Network, Producer and/or other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees.  I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal on any grounds or for any reasons whatsoever.
    7. IunderstandthatthenatureoftheProgram issuch that,fordramaticeffect,Producermaymake certainmisrepresentationstoothersand/or to mepriortoand/orduringmyparticipationinthe participant selection process and/or the Program (if I am selected to participate), whichmisrepresentations mayrelatetoanyandalltopicsof everykindandnaturewhatsoever. Iunderstand andacknowledgethat,whilesuchconductmightotherwiseconstituteanactionable tort,Ifreelyand knowinglyconsent tosuchconduct. Thewaivers,releases,andindemnities inthisRelease andanyother agreement thatImayexecuteinconnectionwiththeProgramexpresslyapplytoanyandallsuch misrepresentationswhether made previously or in the future.
    8. I further acknowledge and agree that Producer and Network reserve the right to consider and select participants who are not able to, or who do not, attend an open casting call and that Producer and Network shall have sole and absolute discretion and control over each and every aspect of selecting participants.  The decisions of Producer and/or Network on all matters related to selecting participants shall be final and binding and not subject to challenge or appeal on any grounds or for any reasons whatsoever.
  5. RELEASE AND AGREEMENT NOT TO SUE.My participation in the Activity (including, without limitation, in the Program, if selected) is at my own risk. On behalf of me, my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (collectively, the “Releasing Parties”), I, to the maximum extent permitted by law, release and discharge unconditionally and irrevocably Releasees from and against any and all claims, causes of action, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, losses, judgments, orders, debts, expenses, and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, arising out of or in connection with: (i) my application to participate in the Program; (ii) my participation or appearance in or removal from the Activity (including, without limitation, my participation or appearance in or removal from the Program, if selected); (iii) the tasks and/or activities associated with the Activity (including, without limitation, the Program); (iv) any actions by me, Producer, Network, and/or any person or entity designated by Producer and/or Network in connection with my application or participation in the Activity (including any investigation conducted by Producer, Network, and/or any person or entity designated by either, whether as specifically authorized under this release or otherwise); (v) Producer’s selection or failure to select me as a participant; and/or (vi) any Releasees’ use or exploitation of any of the rights granted by me herein, including, without limitation, by recording and/or using or failing to use the Materials and/or my Likeness in any manner, and/or exploiting the Program (if any), my Likeness, and/or the Materials (all of the foregoing collectively referred to as the “Released Claims”). The Released Claims include, without limitation, claims for any injury, illness, damage, loss or harm to person or property, whether based on negligence, wrongful death, personal injury, infliction of emotional distress, products liability, trespass, breach of contract, breach of any statutory or other duty of care owed under any applicable laws, libel, slander, defamation, false light, false imprisonment, invasion of privacy, publicity or personality, infringement of copyright or trademark, fraud, and/or loss of earnings or potential earnings.  Further, to the maximum extent permitted by law, I agree not to sue Releasees as a result of the recording,use or failure to use  my Likeness and/or the Materials (including, without limitation, any claim that any such use defames me or invades any right of privacy and/or publicity that I may have) or for any reason based on any of the Released Claims hereunder.

I and each and every  other Releasing Party acknowledges that it is possible that subsequent to the execution of this release, I or they will discover facts or incur or suffer claims that were unknown or unsuspected at the time this release was executed, and which if had been known at that time may have materially affected my decision to execute this release. I and each and every other Releasing Party acknowledges and agrees that I and the other Releasing Parties are assuming the risk of the existence of such unknown facts and/or such unknown and/or unsuspected claims. I and the other Releasing Parties have been advised of the existence of, and understand the meaning of, Section 1542 of the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

I and each and every other Releasing party acknowledges and agress that this release constitutes a full and complete release of the Released Claims and shall remain in full force and effect notwithstanding the existence of any such different or additional facts and/or claims discovered hereafter. I and the other Releasing Parties knowingly and voluntarily (i) waive the protections, benefits, and rights of Section 1542and/or any other statute, law, or rule of similar effect of any jurisdiction throughout the world, and (ii) acknowledge and agree that this waiver is an essential and material term of this release.

  1. CONFIDENTIALITY.  Whether or not I am selected to be a participant on the Program, I shall keep in strictest confidence and shall not disclose to any other applicant, participant, or other third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any information or materials of any kind, including without limitation, any information or materials concerning or relating to Producer or Network, the business of Producer or Network, and/or any program produced by Producer and/or exhibited by Network, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, and/or the outcome of any episode of the Program, that I read, hear or otherwise acquire or learn in connection with or as a result of my applying to be a participant on the Program or (if I am selected to be a participant) as the result of my experiences as a participant on the Program (collectively, the “Information and Materials”).  I acknowledge and agree that the Information and Materials are confidential and the exclusive property of Producer and/or Network.  At no time will I ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Information and Materials.  I acknowledge and agree that my obligations with respect to confidentiality set forth in this Application & Release shall continue in perpetuity or until terminated by written notice from Network.  In no event will I have the right to terminate my confidentiality obligations under this Application & Release.  I acknowledge that in the event that I breach the confidentiality or any other provisions of this Application & Release, my breach may, in the sole discretion of Producer and/or Network, result in my being disqualified to participate as a participant in the Program.  I further acknowledge that a breach by me of any of the confidentiality provisions of this Application & Release would cause Producer and Network irreparable harm, injury, and/or damage, which could not be reasonably or adequately compensated for by damages in an action at law, and, therefore, I hereby expressly agree that Producer and/or  Network shall be entitled to seek and obtain injunctive and/or other equitable relief to prevent and/or cure any breach or threatened breach of any of the confidentiality provisions of this Application & Release by me.
  2. As used herein, “Producer” shall include R83 Productions, Inc., its designees, licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives.  I agree that Producer may license, assign, and otherwise transfer this Application & Release and any and all rights granted by me under this Application & Release to any person or entity.
  3. CHOICE OF LAW.  This Application & Release shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof.
  4. MEDIATION & ARBITRATIONThe parties agree that if any controversy or claim arising out of or relating to this Application & Release cannot be settled through direct discussions, they shall endeavor first to settle the controversy or claim by a mediation administered by JAMS under its applicable rules.  If THE dispute is not otherwise resolved through direct discussions or mediation, the parties agree that the controversy or claim, including the scope and/or applicability of this agreement to arbitrate, shall THEN be resolved by FINAL AND binding confidential arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (the “JAMS Rules”, AVAILABLE AT www.jamsadr.com, including, without limitation, the rule providing that each party shall pay pro rata its share of JAMS fees and expenses, and the rules providing for limited discovery and other exchange of information).  The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be licensed to practice law in CALIFORNIA AND BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY.  All proceedings brought pursuant to this paragraph will be conducted in the county of Los Angeles.  THE PARTIES AGREE THAT EXCEPT AS SET FORTH  IN PARAGRAPH 9 AND IN THIS PARAGRAPH, THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS APPLICATION & RELEASE SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THIS APPLICATION & RELEASE OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NOTWITHSTANDING THE FOREGOING, I RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF MY CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS APPLICATION & RELEASE, OR ANY INFRINGEMENT BY ME OF PRODUCER’S AND/OR NETWORK’S INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER AND/OR NETWORK IRREPARABLE HARM, INJURY, AND/OR DAMAGE WHICH CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED FOR BY MONEY DAMAGES AND, THEREFORE, I AGREE THAT PRODUCER AND/OR NETWORK SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND/OR OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT. FURTHER AND NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY LAW, THE PARTIES AGREE THAT WITH RESPECT TO THE ARBITRATION OF ANY FEDERAL OR STATE CLAIM I BRING THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE FOLLOWING SHALL APPLY:  THE ARBITRATOR MAY AWARD ANY REMEDY THAT WOULD HAVE BEEN AVAILABLE IN COURT; THE PARTIES SHALL BE PERMITTED DISCOVERY ADEQUATE TO SECURE THE NECESSARY INFORMATION TO PRESENT SUCH CLAIM OR DEFEND AGAINST SUCH CLAIM; AND PRODUCER SHALL PAY ALL TYPES OF COSTS THAT ARE UNIQUE TO ARBITRATION.
  5. SEVERABILITY.  The illegality, invalidity or unenforceability of any provision of this Application & Release shall in no way affect the validity or enforceability of any of the remainder of this Application & Release, which shall be enforced to the maximum extent permitted by law.
  6. This Application & Release may not be modified or rescinded except by written agreement signed by all parties, including both Producer and Network.

 

I have read, understand, and agree with the foregoing.I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION & RELEASE, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS APPLICATION & RELEASE.

Signature of Parent/Guardian: ______________________________ Print Name:                                                               

 

Phone:                                        ______        Date:                                                                

 

Signature of Parent/Guardian: ______________________________ Print Name:                                                               

 

Phone:                                        ______        Date:                                                                

 

BOTH parents/guardians must sign the Release above. If a parent/guardian is not available to sign (for example, in the case of divorce, death, or incapacity), please explain:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Minor’s consent and guaranty:  I represent and warrant that I am the minor whose name appears above.  I acknowledge that I have read the foregoing Agreement and am familiar with each and all of the terms contained therein, I am satisfied that the Agreement is fair and equitable, and I hereby give my express consent to its execution by my parent(s)/guardian(s) and will not revoke my consent at any time.  I hereby release the Releasees as defined in Paragraph 8 above from any claims and causes of action I may have against them of any nature whatsoever.  I hereby fully and unconditionally guarantee the performance of my obligations and the grant of rights in and to the results and proceeds of my activities as set forth above.

 

Signature: _______________________________________ Date: ____________________________

Name (Please print or type): __________________________________________________________

 

ELIGIBILITY REQUIREMENTS AND RELEASES

  1. You must be at least 6 years of age as of September 18 , 2015 to participate in the Program.
  2. You must be a U.S. citizen or lawful permanent U.S. resident.
  3. R83 Productions, Inc. (“Producer”) and The CW Network, LLC  (“Network”) reserve the right to render ineligible any person who either of them determines, in the sole discretion of either of them, is sufficiently connected with the production, administration, or distribution of the Program, such that his/her participation in the Program could create the appearance of impropriety.  In making this decision, Producer and Network may consider whether you know or have known anyone who is, or has been within the last two (2) years, an employee, officer, director or agent of any of the following:

 (i)           Producer or any other person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof;

(ii)           Network or any of its parent, subsidiary or affiliated entities;

(iii)          Any sponsor of the Program or its advertising agency; or

(iv)          Any person or entity supplying goods, services or prizes (as applicable) to the Program.

Please list any such relationships here; if none, write “None.”  ____________________________________________________________________________________________________________________________________________________________________________

  1. If you are selected as a participant, you must be available to the production from September, 2015 to January 30, 2016 (dates subject to change in Producer’s sole discretion) and be willing and able to travel to various locations as part of production.
  2. If you are selected as a potential participant you must execute waivers and release agreements required by Producer and/or one or more television networks or cable platforms of Network or any of their licensees, successors, or assigns.
  3. Any offer to become a participant may be conditioned upon: your submission to a background check, physical and psychological examinations to be conducted in Los Angeles, CA, by medical professionals selected by and paid for by Producer and/or Network; and/or medical professionals’ certification that you meet all physical and psychological requirements for participation in the Program and all activities thereof as determined by Producer and Network in their sole and absolute discretion.  You must be willing to submit medical information to Producer and Network, and you must be willing to submit to a medical examination, psychological examination, and background check, in accordance with applicable law.
  4. In exchange for Producer’s consideration of you as a participant in the Program, you hereby give the following representations, warranties, acknowledgements, consents and releases:
    1. I desire to voluntarily participate in interviews and auditions for the Program and, if selected, in the Program (collectively, the “Activity”).  In connection with my participation in the Activity (including, without limitation, in the Program, if selected), and by signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and understand and I meet and agree to be bound by the eligibility requirements; (ii) the information contained in this Application & Release is accurate and complete; (iii) if any of the information in this Application & Release is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program, if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or to select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to produce the Program, and Network has no obligation to exhibit it, even if produced; (vi) all decisions by Producer and/or Network concerning selection of the participants are final and not subject to challenge or appeal; (vii) Producer has no obligation to return any materials submitted by me as part of the Application & Release whether or not I am selected as a participant; (viii) I will follow all rules made and directions given by Producer, Network and/or their representatives in connection with the Activity (including, without limitation, the Program, if selected); (ix) I will keep strictly confidential all information about the Activity (including, without limitation, the Program) that I acquire during the participant selection process and/or my participation in the Activity (including, without limitation, in the Program, if selected); and (x) I am solely responsible for determining that I am physically and mentally able to participate in the Activity (including, without limitation, in the Program, if selected).  I understand that my participation in the Activity (including, without limitation, in the Program, if selected) may be physically and mentally stressful.  I have freely and knowingly consented to assume such risk, and I believe that I am fully capable of performing the functions of a participant in the Activity (including, without limitation, in the Program, if selected), with or without reasonable accommodation.Further, to the extent that I determine during the Activity (including, without limitation, during the Program, if selected) that I am unable to perform the any function of a participant, including, without limitation, any activity or task, I promise to inform Producer as soon as possible either that I cannot perform the particular function or how I can perform the particular function with or without reasonable accommodation;.
    2. By submitting this Application & Release, I hereby consent to the recording, use, and reuse by Producer, Network, and any and all of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representatives, officers and directors, and any and all persons or entities designated by any of them (collectively “Releasees”) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from, and/or obtained in connection with my application to be a participant in the Program, and/or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by Producer and/or by any of the other Releasees, in their sole and absolute discretion, in any and all media now known or hereafter devised, worldwide, in perpetuity, in and/or in connection with the Program and/or any other work. I agree that the Releasees and/or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable.  I further agree that the Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights and trademarks) in and to any and all recordings made by them and in and to any and all video and audio that I have provided in connection with my application and/or any other materials that I have provided or may provide in the future in connection with my application or the Program (collectively, the “Materials”). Releasees shall have the right to edit, alter, and/or modify the Materials as determined in Releasee’s sole discretion.  Releasees have the right use all or part of the Materials and/or my Likeness in any and all media now known or hereafter devised, worldwide, in perpetuity.  Without in any way limiting the foregoing, if I perform or include any music (other than music supplied to me by Producer) in connection with my application or the Program, I represent and warrant that I own all rights to such music, and I grant Producer the right to record, reproduce (whether synchronized with moving images or not), and publicly perform such music in and in connection with the Program and/or any other work.  Without in any way limiting the waivers and releases set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from Producer and/or Network for the use of such music, including, without limitation, any applicable copyright, public performance, mechanical and/or synchronization royalties.  I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement for the Program or any other work. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever.  I understand that I will not be paid any money for giving Releasees these rights or for signing this Application & Release.  Producer’s and Network’s consideration of my application to participate in the Program is full and adequate consideration, the receipt and sufficiency of which I hereby acknowledge, for the promises I have made, the obligations I have incurred, and the rights I have granted herein.
    3. I understand that it may be a federal offense to do any of the following: (i) give or agree to give any member of the production staff, anyone associated in any manner with the Program, or any representative of Producer any portion of my compensation or anything else of value to arrange my appearance in the Program; or (ii) accept or agree to accept anything of value to promote any product, service, or venture on the air or to use any prepared material containing such a promotion. I represent and warrant that I have not given or agreed to give anything  of value  to anyone to arrange or facilitate my appearance in the Program. I understand that Producer does not permit me to do so and that it may be a federal offense not to tell Producer if I had done so. I shall notify Producer and Network immediately if any person attempts or has attempted to induce me to do anything in violation of the foregoing.
    4. I hereby authorize Producer, Network, and any person or entity designated by either to investigate, access, and collect information about me, any of the statements made by me in this Application & Release, any supporting and/or other documents that I have signed or provided or will sign or provide in connection with this application, and/or any other written or oral statements I have made or will make in connection herewith, to the maximum extent permitted by law.  Without limiting the foregoing, I irrevocably authorize Producer, Network, and any person or entity designated by either to obtain information about me and my experiences from my current and former employers, colleagues, classmates, teachers, associates, friends, family members, educational institutions, governmental agencies, the military and/or any branch thereof, and any references I have provided or will provide (collectively, “Background Providers”). I irrevocably authorize Background Providers to provide information concerning me to Producer, Network, and/or any person or entity designated by either. I hereby unconditionally and irrevocably release and forever discharge Producer, Network, the persons or entities designated by either, and Background Providers from any and all liabilities arising out of or in connection with any and all such investigation(s).  To the maximum extent permitted by law, I specifically authorize Producer, Network, and/or any person or entity designated by either to investigate my school records, employment records, medical records, and government records, including, but not limited to, my motor vehicle records, criminal records, civil records, military records, and/or consumer report(s). I acknowledge and agree that any and all information obtained by Producer, Network, and/or any person or entity designated by either pursuant to this paragraph or otherwise may be used for purposes of selecting participants in the Program and/or in the course of producing, exhibiting, exploiting, marketing, advertising, promoting, and/or publicizing the Program and/or another Program, and may be described or otherwise related in and/or in connection with the Program, another program,  and/or marketing, advertising, promotion, and/or publicity for the Program or other program, to the maximum extent permitted by law.
    5. I hereby authorize Producer, Network, and/or any person or entity designated by either to conduct psychological and physical examinations of me as required by Producer or Network, in their sole discretion to the maximum extent permitted by law.  I further authorize the individuals conducting such examinations to disclose to Producer, Network, and each of their representatives all information about me obtained in connection with such examinations (whether or not it would otherwise be deemed confidential or private). I authorize Producer and Network to utilize any and all such information to select participants for the Program.  Additionally or in the alternative (in Producer’s sole discretion), I will provide Producer my personal physician’s certification that: (i) I am physically fit; (ii)  I don’t have any medical conditions that will prevent me from participating in the Program; and (iii)  participating in the Program will not endanger my health in any way, give rise to any medical condition, and/or exacerbate any medical condition I already have.
    6. I understand and acknowledge that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and/or Network in their sole discretion. I understand that the participant selection process may, at Producer’s and/or Network’s election, also involve subjective decisions made by the public.  I further understand that those certain individuals, Network, Producer and/or other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees.  I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal on any grounds or for any reasons whatsoever.
    7. IunderstandthatthenatureoftheProgram issuch that,fordramaticeffect,Producermaymake certainmisrepresentationstoothersand/or to mepriortoand/orduringmyparticipationinthe participant selection process and/or the Program (if I am selected to participate), whichmisrepresentations mayrelatetoanyandalltopicsof everykindandnaturewhatsoever. Iunderstand andacknowledgethat,whilesuchconductmightotherwiseconstituteanactionable tort,Ifreelyand knowinglyconsent tosuchconduct. Thewaivers,releases,andindemnities inthisRelease andanyother agreement thatImayexecuteinconnectionwiththeProgramexpresslyapplytoanyandallsuch misrepresentationswhether made previously or in the future.
    8. I further acknowledge and agree that Producer and Network reserve the right to consider and select participants who are not able to, or who do not, attend an open casting call and that Producer and Network shall have sole and absolute discretion and control over each and every aspect of selecting participants.  The decisions of Producer and/or Network on all matters related to selecting participants shall be final and binding and not subject to challenge or appeal on any grounds or for any reasons whatsoever.
  5. RELEASE AND AGREEMENT NOT TO SUE.My participation in the Activity (including, without limitation, in the Program, if selected) is at my own risk. On behalf of me, my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (collectively, the “Releasing Parties”), I, to the maximum extent permitted by law, release and discharge unconditionally and irrevocably Releasees from and against any and all claims, causes of action, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, losses, judgments, orders, debts, expenses, and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, arising out of or in connection with: (i) my application to participate in the Program; (ii) my participation or appearance in or removal from the Activity (including, without limitation, my participation or appearance in or removal from the Program, if selected); (iii) the tasks and/or activities associated with the Activity (including, without limitation, the Program); (iv) any actions by me, Producer, Network, and/or any person or entity designated by Producer and/or Network in connection with my application or participation in the Activity (including any investigation conducted by Producer, Network, and/or any person or entity designated by either, whether as specifically authorized under this release or otherwise); (v) Producer’s selection or failure to select me as a participant; and/or (vi) any Releasees’ use or exploitation of any of the rights granted by me herein, including, without limitation, by recording and/or using or failing to use the Materials and/or my Likeness in any manner, and/or exploiting the Program (if any), my Likeness, and/or the Materials (all of the foregoing collectively referred to as the “Released Claims”). The Released Claims include, without limitation, claims for any injury, illness, damage, loss or harm to person or property, whether based on negligence, wrongful death, personal injury, infliction of emotional distress, products liability, trespass, breach of contract, breach of any statutory or other duty of care owed under any applicable laws, libel, slander, defamation, false light, false imprisonment, invasion of privacy, publicity or personality, infringement of copyright or trademark, fraud, and/or loss of earnings or potential earnings.  Further, to the maximum extent permitted by law, I agree not to sue Releasees as a result of the recording,use or failure to use  my Likeness and/or the Materials (including, without limitation, any claim that any such use defames me or invades any right of privacy and/or publicity that I may have) or for any reason based on any of the Released Claims hereunder.

I and each and every  other Releasing Party acknowledges that it is possible that subsequent to the execution of this release, I or they will discover facts or incur or suffer claims that were unknown or unsuspected at the time this release was executed, and which if had been known at that time may have materially affected my decision to execute this release. I and each and every other Releasing Party acknowledges and agrees that I and the other Releasing Parties are assuming the risk of the existence of such unknown facts and/or such unknown and/or unsuspected claims. I and the other Releasing Parties have been advised of the existence of, and understand the meaning of, Section 1542 of the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

I and each and every other Releasing party acknowledges and agress that this release constitutes a full and complete release of the Released Claims and shall remain in full force and effect notwithstanding the existence of any such different or additional facts and/or claims discovered hereafter. I and the other Releasing Parties knowingly and voluntarily (i) waive the protections, benefits, and rights of Section 1542and/or any other statute, law, or rule of similar effect of any jurisdiction throughout the world, and (ii) acknowledge and agree that this waiver is an essential and material term of this release.

  1. CONFIDENTIALITY.  Whether or not I am selected to be a participant on the Program, I shall keep in strictest confidence and shall not disclose to any other applicant, participant, or other third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any information or materials of any kind, including without limitation, any information or materials concerning or relating to Producer or Network, the business of Producer or Network, and/or any program produced by Producer and/or exhibited by Network, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, and/or the outcome of any episode of the Program, that I read, hear or otherwise acquire or learn in connection with or as a result of my applying to be a participant on the Program or (if I am selected to be a participant) as the result of my experiences as a participant on the Program (collectively, the “Information and Materials”).  I acknowledge and agree that the Information and Materials are confidential and the exclusive property of Producer and/or Network.  At no time will I ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Information and Materials.  I acknowledge and agree that my obligations with respect to confidentiality set forth in this Application & Release shall continue in perpetuity or until terminated by written notice from Network.  In no event will I have the right to terminate my confidentiality obligations under this Application & Release.  I acknowledge that in the event that I breach the confidentiality or any other provisions of this Application & Release, my breach may, in the sole discretion of Producer and/or Network, result in my being disqualified to participate as a participant in the Program.  I further acknowledge that a breach by me of any of the confidentiality provisions of this Application & Release would cause Producer and Network irreparable harm, injury, and/or damage, which could not be reasonably or adequately compensated for by damages in an action at law, and, therefore, I hereby expressly agree that Producer and/or  Network shall be entitled to seek and obtain injunctive and/or other equitable relief to prevent and/or cure any breach or threatened breach of any of the confidentiality provisions of this Application & Release by me.
  2. As used herein, “Producer” shall include R83 Productions, Inc., its designees, licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives.  I agree that Producer may license, assign, and otherwise transfer this Application & Release and any and all rights granted by me under this Application & Release to any person or entity.
  3. CHOICE OF LAW.  This Application & Release shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof.
  4. MEDIATION & ARBITRATIONThe parties agree that if any controversy or claim arising out of or relating to this Application & Release cannot be settled through direct discussions, they shall endeavor first to settle the controversy or claim by a mediation administered by JAMS under its applicable rules.  If THE dispute is not otherwise resolved through direct discussions or mediation, the parties agree that the controversy or claim, including the scope and/or applicability of this agreement to arbitrate, shall THEN be resolved by FINAL AND binding confidential arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (the “JAMS Rules”, AVAILABLE AT www.jamsadr.com, including, without limitation, the rule providing that each party shall pay pro rata its share of JAMS fees and expenses, and the rules providing for limited discovery and other exchange of information).  The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be licensed to practice law in CALIFORNIA AND BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY.  All proceedings brought pursuant to this paragraph will be conducted in the county of Los Angeles.  THE PARTIES AGREE THAT EXCEPT AS SET FORTH  IN PARAGRAPH 9 AND IN THIS PARAGRAPH, THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS APPLICATION & RELEASE SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THIS APPLICATION & RELEASE OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NOTWITHSTANDING THE FOREGOING, I RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF MY CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS APPLICATION & RELEASE, OR ANY INFRINGEMENT BY ME OF PRODUCER’S AND/OR NETWORK’S INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER AND/OR NETWORK IRREPARABLE HARM, INJURY, AND/OR DAMAGE WHICH CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED FOR BY MONEY DAMAGES AND, THEREFORE, I AGREE THAT PRODUCER AND/OR NETWORK SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND/OR OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT. FURTHER AND NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY LAW, THE PARTIES AGREE THAT WITH RESPECT TO THE ARBITRATION OF ANY FEDERAL OR STATE CLAIM I BRING THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE FOLLOWING SHALL APPLY:  THE ARBITRATOR MAY AWARD ANY REMEDY THAT WOULD HAVE BEEN AVAILABLE IN COURT; THE PARTIES SHALL BE PERMITTED DISCOVERY ADEQUATE TO SECURE THE NECESSARY INFORMATION TO PRESENT SUCH CLAIM OR DEFEND AGAINST SUCH CLAIM; AND PRODUCER SHALL PAY ALL TYPES OF COSTS THAT ARE UNIQUE TO ARBITRATION.
  5. SEVERABILITY.  The illegality, invalidity or unenforceability of any provision of this Application & Release shall in no way affect the validity or enforceability of any of the remainder of this Application & Release, which shall be enforced to the maximum extent permitted by law.
  6. This Application & Release may not be modified or rescinded except by written agreement signed by all parties, including both Producer and Network.

I have read, understand, and agree with the foregoing.I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION & RELEASE, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS APPLICATION & RELEASE.

Signature: _______________________________________  Date: ____________________________

Name (Please print or type): __________________________________________________________

Address: _________________________________________________________________________

 

If participant is less than eighteen years of age:  I represent and warrant that I am the parent or guardian of the minor whose name appears above.  I acknowledge that I have read the foregoing Agreement and am familiar with each and all of the terms contained therein, I am satisfied that the Agreement is fair and equitable, and I hereby give my express consent to its execution by my child/ward and will not revoke my consent at any time.  I hereby release the Releasees as defined in Paragraph 8 above from any claims and causes of action I may have against them of any nature whatsoever.  I hereby fully and unconditionally guarantee the performance of my child’s/ward’s obligations and the grant of rights in and to the results and proceeds of my child’s/ward’s activities as set forth above.

 

Signature of Parent/Guardian: ______________________________ Print Name:                                                               

 

Phone:                                        ______        Date:                                                                

 

Signature of Parent/Guardian: ______________________________ Print Name:                                                               

 

Phone:                                        ______        Date:                                                                

 

ELIGIBILITY REQUIREMENTS AND RELEASES

  1. You must be at least 6 years of age as of September 18 , 2015 to participate in the Program.
  2. You must be a U.S. citizen or lawful permanent U.S. resident.
  3. R83 Productions, Inc. (“Producer”) and The CW Network, LLC  (“Network”) reserve the right to render ineligible any person who either of them determines, in the sole discretion of either of them, is sufficiently connected with the production, administration, or distribution of the Program, such that his/her participation in the Program could create the appearance of impropriety.  In making this decision, Producer and Network may consider whether you know or have known anyone who is, or has been within the last two (2) years, an employee, officer, director or agent of any of the following:

 (i)           Producer or any other person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof;

(ii)           Network or any of its parent, subsidiary or affiliated entities;

(iii)          Any sponsor of the Program or its advertising agency; or

(iv)          Any person or entity supplying goods, services or prizes (as applicable) to the Program.

Please list any such relationships here; if none, write “None.”  ____________________________________________________________________________________________________________________________________________________________________________

  1. If you are selected as a participant, you must be available to the production from September, 2015 to January 30, 2016 (dates subject to change in Producer’s sole discretion) and be willing and able to travel to various locations as part of production.
  2. If you are selected as a potential participant you must execute waivers and release agreements required by Producer and/or one or more television networks or cable platforms of Network or any of their licensees, successors, or assigns.
  3. Any offer to become a participant may be conditioned upon: your submission to a background check, physical and psychological examinations to be conducted in Los Angeles, CA, by medical professionals selected by and paid for by Producer and/or Network; and/or medical professionals’ certification that you meet all physical and psychological requirements for participation in the Program and all activities thereof as determined by Producer and Network in their sole and absolute discretion.  You must be willing to submit medical information to Producer and Network, and you must be willing to submit to a medical examination, psychological examination, and background check, in accordance with applicable law.
  4. In exchange for Producer’s consideration of you as a participant in the Program, you hereby give the following representations, warranties, acknowledgements, consents and releases:
    1. I desire to voluntarily participate in interviews and auditions for the Program and, if selected, in the Program (collectively, the “Activity”).  In connection with my participation in the Activity (including, without limitation, in the Program, if selected), and by signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and understand and I meet and agree to be bound by the eligibility requirements; (ii) the information contained in this Application & Release is accurate and complete; (iii) if any of the information in this Application & Release is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program, if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or to select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to produce the Program, and Network has no obligation to exhibit it, even if produced; (vi) all decisions by Producer and/or Network concerning selection of the participants are final and not subject to challenge or appeal; (vii) Producer has no obligation to return any materials submitted by me as part of the Application & Release whether or not I am selected as a participant; (viii) I will follow all rules made and directions given by Producer, Network and/or their representatives in connection with the Activity (including, without limitation, the Program, if selected); (ix) I will keep strictly confidential all information about the Activity (including, without limitation, the Program) that I acquire during the participant selection process and/or my participation in the Activity (including, without limitation, in the Program, if selected); and (x) I am solely responsible for determining that I am physically and mentally able to participate in the Activity (including, without limitation, in the Program, if selected).  I understand that my participation in the Activity (including, without limitation, in the Program, if selected) may be physically and mentally stressful.  I have freely and knowingly consented to assume such risk, and I believe that I am fully capable of performing the functions of a participant in the Activity (including, without limitation, in the Program, if selected), with or without reasonable accommodation.Further, to the extent that I determine during the Activity (including, without limitation, during the Program, if selected) that I am unable to perform the any function of a participant, including, without limitation, any activity or task, I promise to inform Producer as soon as possible either that I cannot perform the particular function or how I can perform the particular function with or without reasonable accommodation;.
    2. By submitting this Application & Release, I hereby consent to the recording, use, and reuse by Producer, Network, and any and all of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representatives, officers and directors, and any and all persons or entities designated by any of them (collectively “Releasees”) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from, and/or obtained in connection with my application to be a participant in the Program, and/or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by Producer and/or by any of the other Releasees, in their sole and absolute discretion, in any and all media now known or hereafter devised, worldwide, in perpetuity, in and/or in connection with the Program and/or any other work. I agree that the Releasees and/or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable.  I further agree that the Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights and trademarks) in and to any and all recordings made by them and in and to any and all video and audio that I have provided in connection with my application and/or any other materials that I have provided or may provide in the future in connection with my application or the Program (collectively, the “Materials”). Releasees shall have the right to edit, alter, and/or modify the Materials as determined in Releasee’s sole discretion.  Releasees have the right use all or part of the Materials and/or my Likeness in any and all media now known or hereafter devised, worldwide, in perpetuity.  Without in any way limiting the foregoing, if I perform or include any music (other than music supplied to me by Producer) in connection with my application or the Program, I represent and warrant that I own all rights to such music, and I grant Producer the right to record, reproduce (whether synchronized with moving images or not), and publicly perform such music in and in connection with the Program and/or any other work.  Without in any way limiting the waivers and releases set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from Producer and/or Network for the use of such music, including, without limitation, any applicable copyright, public performance, mechanical and/or synchronization royalties.  I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement for the Program or any other work. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever.  I understand that I will not be paid any money for giving Releasees these rights or for signing this Application & Release.  Producer’s and Network’s consideration of my application to participate in the Program is full and adequate consideration, the receipt and sufficiency of which I hereby acknowledge, for the promises I have made, the obligations I have incurred, and the rights I have granted herein.
    3. I understand that it may be a federal offense to do any of the following: (i) give or agree to give any member of the production staff, anyone associated in any manner with the Program, or any representative of Producer any portion of my compensation or anything else of value to arrange my appearance in the Program; or (ii) accept or agree to accept anything of value to promote any product, service, or venture on the air or to use any prepared material containing such a promotion. I represent and warrant that I have not given or agreed to give anything  of value  to anyone to arrange or facilitate my appearance in the Program. I understand that Producer does not permit me to do so and that it may be a federal offense not to tell Producer if I had done so. I shall notify Producer and Network immediately if any person attempts or has attempted to induce me to do anything in violation of the foregoing.
    4. I hereby authorize Producer, Network, and any person or entity designated by either to investigate, access, and collect information about me, any of the statements made by me in this Application & Release, any supporting and/or other documents that I have signed or provided or will sign or provide in connection with this application, and/or any other written or oral statements I have made or will make in connection herewith, to the maximum extent permitted by law.  Without limiting the foregoing, I irrevocably authorize Producer, Network, and any person or entity designated by either to obtain information about me and my experiences from my current and former employers, colleagues, classmates, teachers, associates, friends, family members, educational institutions, governmental agencies, the military and/or any branch thereof, and any references I have provided or will provide (collectively, “Background Providers”). I irrevocably authorize Background Providers to provide information concerning me to Producer, Network, and/or any person or entity designated by either. I hereby unconditionally and irrevocably release and forever discharge Producer, Network, the persons or entities designated by either, and Background Providers from any and all liabilities arising out of or in connection with any and all such investigation(s).  To the maximum extent permitted by law, I specifically authorize Producer, Network, and/or any person or entity designated by either to investigate my school records, employment records, medical records, and government records, including, but not limited to, my motor vehicle records, criminal records, civil records, military records, and/or consumer report(s). I acknowledge and agree that any and all information obtained by Producer, Network, and/or any person or entity designated by either pursuant to this paragraph or otherwise may be used for purposes of selecting participants in the Program and/or in the course of producing, exhibiting, exploiting, marketing, advertising, promoting, and/or publicizing the Program and/or another Program, and may be described or otherwise related in and/or in connection with the Program, another program,  and/or marketing, advertising, promotion, and/or publicity for the Program or other program, to the maximum extent permitted by law.
    5. I hereby authorize Producer, Network, and/or any person or entity designated by either to conduct psychological and physical examinations of me as required by Producer or Network, in their sole discretion to the maximum extent permitted by law.  I further authorize the individuals conducting such examinations to disclose to Producer, Network, and each of their representatives all information about me obtained in connection with such examinations (whether or not it would otherwise be deemed confidential or private). I authorize Producer and Network to utilize any and all such information to select participants for the Program.  Additionally or in the alternative (in Producer’s sole discretion), I will provide Producer my personal physician’s certification that: (i) I am physically fit; (ii)  I don’t have any medical conditions that will prevent me from participating in the Program; and (iii)  participating in the Program will not endanger my health in any way, give rise to any medical condition, and/or exacerbate any medical condition I already have.
    6. I understand and acknowledge that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and/or Network in their sole discretion. I understand that the participant selection process may, at Producer’s and/or Network’s election, also involve subjective decisions made by the public.  I further understand that those certain individuals, Network, Producer and/or other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees.  I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal on any grounds or for any reasons whatsoever.
    7. IunderstandthatthenatureoftheProgram issuch that,fordramaticeffect,Producermaymake certainmisrepresentationstoothersand/or to mepriortoand/orduringmyparticipationinthe participant selection process and/or the Program (if I am selected to participate), whichmisrepresentations mayrelatetoanyandalltopicsof everykindandnaturewhatsoever. Iunderstand andacknowledgethat,whilesuchconductmightotherwiseconstituteanactionable tort,Ifreelyand knowinglyconsent tosuchconduct. Thewaivers,releases,andindemnities inthisRelease andanyother agreement thatImayexecuteinconnectionwiththeProgramexpresslyapplytoanyandallsuch misrepresentationswhether made previously or in the future.
    8. I further acknowledge and agree that Producer and Network reserve the right to consider and select participants who are not able to, or who do not, attend an open casting call and that Producer and Network shall have sole and absolute discretion and control over each and every aspect of selecting participants.  The decisions of Producer and/or Network on all matters related to selecting participants shall be final and binding and not subject to challenge or appeal on any grounds or for any reasons whatsoever.
  5. RELEASE AND AGREEMENT NOT TO SUE.My participation in the Activity (including, without limitation, in the Program, if selected) is at my own risk. On behalf of me, my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (collectively, the “Releasing Parties”), I, to the maximum extent permitted by law, release and discharge unconditionally and irrevocably Releasees from and against any and all claims, causes of action, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, losses, judgments, orders, debts, expenses, and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, arising out of or in connection with: (i) my application to participate in the Program; (ii) my participation or appearance in or removal from the Activity (including, without limitation, my participation or appearance in or removal from the Program, if selected); (iii) the tasks and/or activities associated with the Activity (including, without limitation, the Program); (iv) any actions by me, Producer, Network, and/or any person or entity designated by Producer and/or Network in connection with my application or participation in the Activity (including any investigation conducted by Producer, Network, and/or any person or entity designated by either, whether as specifically authorized under this release or otherwise); (v) Producer’s selection or failure to select me as a participant; and/or (vi) any Releasees’ use or exploitation of any of the rights granted by me herein, including, without limitation, by recording and/or using or failing to use the Materials and/or my Likeness in any manner, and/or exploiting the Program (if any), my Likeness, and/or the Materials (all of the foregoing collectively referred to as the “Released Claims”). The Released Claims include, without limitation, claims for any injury, illness, damage, loss or harm to person or property, whether based on negligence, wrongful death, personal injury, infliction of emotional distress, products liability, trespass, breach of contract, breach of any statutory or other duty of care owed under any applicable laws, libel, slander, defamation, false light, false imprisonment, invasion of privacy, publicity or personality, infringement of copyright or trademark, fraud, and/or loss of earnings or potential earnings.  Further, to the maximum extent permitted by law, I agree not to sue Releasees as a result of the recording,use or failure to use  my Likeness and/or the Materials (including, without limitation, any claim that any such use defames me or invades any right of privacy and/or publicity that I may have) or for any reason based on any of the Released Claims hereunder.

I and each and every  other Releasing Party acknowledges that it is possible that subsequent to the execution of this release, I or they will discover facts or incur or suffer claims that were unknown or unsuspected at the time this release was executed, and which if had been known at that time may have materially affected my decision to execute this release. I and each and every other Releasing Party acknowledges and agrees that I and the other Releasing Parties are assuming the risk of the existence of such unknown facts and/or such unknown and/or unsuspected claims. I and the other Releasing Parties have been advised of the existence of, and understand the meaning of, Section 1542 of the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

I and each and every other Releasing party acknowledges and agress that this release constitutes a full and complete release of the Released Claims and shall remain in full force and effect notwithstanding the existence of any such different or additional facts and/or claims discovered hereafter. I and the other Releasing Parties knowingly and voluntarily (i) waive the protections, benefits, and rights of Section 1542and/or any other statute, law, or rule of similar effect of any jurisdiction throughout the world, and (ii) acknowledge and agree that this waiver is an essential and material term of this release.

  1. CONFIDENTIALITY.  Whether or not I am selected to be a participant on the Program, I shall keep in strictest confidence and shall not disclose to any other applicant, participant, or other third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any information or materials of any kind, including without limitation, any information or materials concerning or relating to Producer or Network, the business of Producer or Network, and/or any program produced by Producer and/or exhibited by Network, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, and/or the outcome of any episode of the Program, that I read, hear or otherwise acquire or learn in connection with or as a result of my applying to be a participant on the Program or (if I am selected to be a participant) as the result of my experiences as a participant on the Program (collectively, the “Information and Materials”).  I acknowledge and agree that the Information and Materials are confidential and the exclusive property of Producer and/or Network.  At no time will I ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Information and Materials.  I acknowledge and agree that my obligations with respect to confidentiality set forth in this Application & Release shall continue in perpetuity or until terminated by written notice from Network.  In no event will I have the right to terminate my confidentiality obligations under this Application & Release.  I acknowledge that in the event that I breach the confidentiality or any other provisions of this Application & Release, my breach may, in the sole discretion of Producer and/or Network, result in my being disqualified to participate as a participant in the Program.  I further acknowledge that a breach by me of any of the confidentiality provisions of this Application & Release would cause Producer and Network irreparable harm, injury, and/or damage, which could not be reasonably or adequately compensated for by damages in an action at law, and, therefore, I hereby expressly agree that Producer and/or  Network shall be entitled to seek and obtain injunctive and/or other equitable relief to prevent and/or cure any breach or threatened breach of any of the confidentiality provisions of this Application & Release by me.
  2. As used herein, “Producer” shall include R83 Productions, Inc., its designees, licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives.  I agree that Producer may license, assign, and otherwise transfer this Application & Release and any and all rights granted by me under this Application & Release to any person or entity.
  3. CHOICE OF LAW.  This Application & Release shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof.
  4. MEDIATION & ARBITRATIONThe parties agree that if any controversy or claim arising out of or relating to this Application & Release cannot be settled through direct discussions, they shall endeavor first to settle the controversy or claim by a mediation administered by JAMS under its applicable rules.  If THE dispute is not otherwise resolved through direct discussions or mediation, the parties agree that the controversy or claim, including the scope and/or applicability of this agreement to arbitrate, shall THEN be resolved by FINAL AND binding confidential arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (the “JAMS Rules”, AVAILABLE AT www.jamsadr.com, including, without limitation, the rule providing that each party shall pay pro rata its share of JAMS fees and expenses, and the rules providing for limited discovery and other exchange of information).  The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be licensed to practice law in CALIFORNIA AND BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY.  All proceedings brought pursuant to this paragraph will be conducted in the county of Los Angeles.  THE PARTIES AGREE THAT EXCEPT AS SET FORTH  IN PARAGRAPH 9 AND IN THIS PARAGRAPH, THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS APPLICATION & RELEASE SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THIS APPLICATION & RELEASE OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NOTWITHSTANDING THE FOREGOING, I RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF MY CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS APPLICATION & RELEASE, OR ANY INFRINGEMENT BY ME OF PRODUCER’S AND/OR NETWORK’S INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER AND/OR NETWORK IRREPARABLE HARM, INJURY, AND/OR DAMAGE WHICH CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED FOR BY MONEY DAMAGES AND, THEREFORE, I AGREE THAT PRODUCER AND/OR NETWORK SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND/OR OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT. FURTHER AND NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY LAW, THE PARTIES AGREE THAT WITH RESPECT TO THE ARBITRATION OF ANY FEDERAL OR STATE CLAIM I BRING THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE FOLLOWING SHALL APPLY:  THE ARBITRATOR MAY AWARD ANY REMEDY THAT WOULD HAVE BEEN AVAILABLE IN COURT; THE PARTIES SHALL BE PERMITTED DISCOVERY ADEQUATE TO SECURE THE NECESSARY INFORMATION TO PRESENT SUCH CLAIM OR DEFEND AGAINST SUCH CLAIM; AND PRODUCER SHALL PAY ALL TYPES OF COSTS THAT ARE UNIQUE TO ARBITRATION.
  5. SEVERABILITY.  The illegality, invalidity or unenforceability of any provision of this Application & Release shall in no way affect the validity or enforceability of any of the remainder of this Application & Release, which shall be enforced to the maximum extent permitted by law.
  6. This Application & Release may not be modified or rescinded except by written agreement signed by all parties, including both Producer and Network.

I have read, understand, and agree with the foregoing.I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION & RELEASE, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS APPLICATION & RELEASE.

Signature: _______________________________________  Date: ____________________________

Name (Please print or type): __________________________________________________________

Address: _________________________________________________________________________

 

If participant is less than eighteen years of age:  I represent and warrant that I am the parent or guardian of the minor whose name appears above.  I acknowledge that I have read the foregoing Agreement and am familiar with each and all of the terms contained therein, I am satisfied that the Agreement is fair and equitable, and I hereby give my express consent to its execution by my child/ward and will not revoke my consent at any time.  I hereby release the Releasees as defined in Paragraph 8 above from any claims and causes of action I may have against them of any nature whatsoever.  I hereby fully and unconditionally guarantee the performance of my child’s/ward’s obligations and the grant of rights in and to the results and proceeds of my child’s/ward’s activities as set forth above.

 

Signature of Parent/Guardian: ______________________________ Print Name:                                                               

 

Phone:                                        ______        Date:                                                                

 

Signature of Parent/Guardian: ______________________________ Print Name:                                                               

 

Phone:                                        ______        Date:                                                                

 

Our Privacy Policy

Updated April 24th, 2019

R83 Productions, Inc. (referred to in this Privacy Policy as the “Company,” “we,” “us,” or “our”) cares about the privacy of users of our website located at www.renegade83.com (the “Site”). This Privacy Policy explains how we collect information from you when you visit the Site, how we use and disclose the information we collect from you, and your rights in relation to that information. By accessing, visiting or using the Site, you expressly consent to our collection, storage, use and disclosure of your information as described in this Privacy Policy. Please note that if you disagree with any terms in this Privacy Policy, you must not use the Site. This Privacy Policy is part of, and is governed by, the terms and conditions set forth in our Terms of Use located at https://r83production.wpengine.com/terms-of-use.

Information Collected by the Company
If you elect to apply to become a contestant on any of our shows being casted (the “Program”), you will be required to provide us with information as part of the contestant application. This information may include, among other things, your first and last name, city and state where you live, home phone number, mobile phone number, email address, and other information that is relevant for us to determine whether you are qualified to be a contestant on the Program. We may automatically collect information about you when you use the Site. For example, if you access the Site through a computer, we will automatically collect information such as your browser type and version, computer and connection information, IP address and standard web log information. If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings (please contact your service provider or device manufacturer for instructions on changing the relevant settings). The Site may include links to third party social media services where you will be able to post comments, stories, reviews or other information. If you post any comments, reviews, photos or other information on our Facebook, Twitter or other social media pages, we may display those comments, reviews, photos or information on the Site. In addition, your use of these social media services may result in the collection or sharing of information about you by these social media services. We encourage you to review the privacy policies and settings on the social media services with which you interact to make sure you understand the information that may be collected, used, and shared by those social media services.

How We Use the Information Collected
We may use the information that is subject to this Privacy Policy: to contact and communicate with you and to respond to your communications and requests; to process transactions or provide you with information such as to send you electronic newsletters or to provide you with marketing materials on behalf of us or third parties, including to let you know about upcoming audition or casting opportunities; to enable you to participate in a variety of the Site’s features such as to contact you in connection with your audition; to process your registration with the Site, including verifying your information is active and valid; to improve the Site or our services, to customize your experience on the Site, or to serve you specific content that is relevant to you; to contact you with regard to your use of the Site and, in our discretion, changes to the Site and/or Site’s policies; for internal business purposes; and for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.
We do not sell or rent user information we collect through the Site to any third parties for their own marketing purposes. In the event the Company wants to sell or rent your information to their parties for their own marketing purposes in the future, we will notify you and you will have an opportunity to affirmatively opt-in to receiving these third party marketing communications.

We will share your information with third parties who help to support, implement and promote the Program. These third parties may collect information about you as you visit, use or otherwise interact with their platforms and may use that information in accordance with their own independent privacy practices, but these third parties will only be permitted to use the information that we provide to them about you for purposes of supporting, implementing and promoting the Program.

We will disclose your information to our employees, contractors, affiliates, distributors, dealers, vendors and suppliers (“Service Providers”) who provide certain services to us or on our behalf, such as operating and supporting the Service, analyzing data, or performing marketing or consulting services. These Service Providers will only have access to the information needed to perform these limited functions on our behalf.
To the extent permitted by law, we will disclose your information to government authorities or third parties if: (i) required to do so by law, or in response to a subpoena or court order; (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Service by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Use. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.

Children Under Age 13
The Site is not intended for children under age 13, or for anyone under age 18 or the applicable age of majority without involvement of a parent or guardian. We do not knowingly collect or distribute personal information from or about children under the age of 13.

Security
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.

Use of Information Outside Your Country of Residence
Our Site is operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.

GDPR Compliance
The Renegade83 (R83) website, www.Renegade83.com, collects personal and contact information through voluntary submissions on its Casting Forms for its shows and development projects. Prior to adding any personal data to our database, users must verify their age to be over 18 years by entering their birth date into our “Age Gating” form. Once approved they will have access to the site to enter personal information.

Users who submit casting forms may be asked for personal information such as name, address, phone, email, gender, age, interests etc. Additionally, in some cases, users may be asked to submit photos or videos of themselves as this is for casting purposes.

User information can and may be used for any show we deem necessary. Data collected for one project may be used by producers for alternate projects. For example, if someone submits their information for one dating show, the producers may reach out to them for another project they may be better suited or if they are booked on one show, they may be contacted to also be on another show. There is never a commitment to appear by submitting a Casting Form.

Data collected on Casting Forms will be stored on a secure server, backed-up nightly and treated with a high level of data protection.

R83 does not share any personal data with outside 3rd parties but may, at its option, share data with our parent company (Entertainment One, LLC.) or affiliated companies.

Users may request to have their personal data changed or deleted by emailing R83 at Privacy@Renegade83.com with a subject line of,

“Delete / Change Personal Data”

Be sure to include as much information as possible so the correct information will be changed. The requested information will be deleted or updated as requested within 30 days and a confirmation email will be sent via a “Reply All” to the original request. If data is requested to be deleted or changed from one site (R83), the same will be done at all sites.

Amendments to the Privacy Policy
We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Site indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.