REQUIREMENTS AND RELEASES
I have read, understand, and agree with the following. 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.
1. You must be at least 21 years of age as of June 2015.
2. You must be legally authorized to live, work and participate in the Program in the United States.
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. R83 Productions, Inc. (“Producer”) reserves 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 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:
(li) Producer or any other person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof;
- (ii) A&E Television Networks (“AETN”) or any programming services of AENT
- (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.
5. You will need to be available to the production in 6/15/2015-11/15/2015 (dates subject to change in Producer’s sole discretion) and be willing to travel to various locations as part of production.
6. 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 AETN or any of their licensees, successors or assigns.
7. 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.
8. 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:
a. 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 AETN 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 its 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).
b. By submitting this Application & Release, I hereby consent to the recording, use and reuse by Producer, AETN, 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 releases set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from Producer and AETN 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.
c. 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.
d. 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.
e. 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.
f. I understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer in its 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, 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.
g. I understand that the nature of the Program is such that, for dramatic effect, Producer may make certain misrepresentations to others and to me prior to and during the course of my participation in the application process and Program if I am selected to participate, which misrepresentations may relate to any and all topics of every kind and nature whatsoever. I understand and acknowledge that, while such conduct might otherwise constitute an actionable tort, I freely and knowingly consent to such conduct. The waivers, releases, and indemnities in this Release and any other agreement that I may execute in connection with the Program expressly apply to any and all such misrepresentations at any time.
h. 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.
9. 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.
10. 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 AETN, the business of Producer or AETN, any program produced by Producer and/or exhibited by AETN, 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 AETN. 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 AETN 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 AETN, 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 AETN 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 AETN 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.
11. 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 all rights granted by me under this Application & Release to any person or entity.
12. 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.
13. 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 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 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 AETN’s INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER AND AETN IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, I AGREE THAT PRODUCER AND AETN 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.
14. 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.