For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby give the following representations, warranties, acknowledgements, consents and releases:
(a)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 set forth in this Application and Release; (ii) I have completed this Application and Release honestly and accurately and own any and all rights in and to the puppet(s) in connection with this Application and Release and no consent of any other person or entity is required in any manner in connection with such puppet(s) with respect to this Application and Release; (iii) if any of the information in this Application and Release is found to be false or incomplete, this will be grounds for dismissal from the contestant selection process and/or from the contest and/or from the Program if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to interview me and/or select me as a contestant; (v) I agree to keep strictly confidential all information about the Program that I acquire during the contestant selection process and/or during my participation in the Program (if applicable); (vi) my voice, actions, and likeness will be recorded as a part of this Application and Release and the contestant selection process, and I understand that Producer may, but is in no way obligated to, actually use such recordings within the Program or in any other manner; (vii) even if I am selected as a contestant, Producer has no obligation to produce the Program or conduct the contest and Network has no obligation to exhibit it, even if conducted and produced; (viii) all decisions by Producer concerning selection of the contestants are final and not subject to challenge or appeal; and (ix) Producer has no obligation to return any materials submitted by me as part of the contestant selection process whether or not I am selected as a contestant, and Producer may, but is in no way obligated to, use any such materials in the Program or in any other manner.
(b) By signing below and submitting this Application and Release, I hereby consent to the recording, use and reuse by Producer, Network and any Program related sponsor, advertiser, advertising agency and/or distributor, and each of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities and each of their respective representatives, employees, agents, officers and directors (collectively referred to herein as "Releasees"), of my name, voice, actions, likeness (actual or simulated), nickname, appearance, biographical information, and any information contained in, derived from or obtained in connection with this Application and Release, including, without limitation, any recordings or still pictures of me taken during the contestant selection process and any materials submitted by me in connection with my application, including, but not limited to, my video(s) (if any), artwork and photographs of me (collectively referred to herein as "Likeness"), as edited, altered, or modified by the Producer, or by any of the other Releasees, in any and all media now known or hereafter devised, throughout the universe, in perpetuity, including, without limitation, in and in connection with the Program, in and in connection with other programs, and in and in connection with all allied, ancillary and subsidiary rights therein, including without limitation, advertisements, promotion, publicity, marketing and merchandising, or otherwise. Further, by signing below and submitting this Application and Release, I warrant and represent that everyone appearing in any video submitted by me in connection with this Application and Release (if any) and anyone that may have shot the video (if any) and taken any photograph submitted by me in connection with this Application and Release agrees that the video and photograph may be used in and in connection with the development, production, distribution and exploitation of the Program and any other production and in the advertisements, publicity and promotions for the Program, any other production, and for any entity that exhibits or otherwise exploits my Likeness, the Materials (as defined below), the Program or other production throughout the universe at any time, in perpetuity, in any and all media, whether now known or hereafter devised, without any compensation whatsoever. I agree that Releasees 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 Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any recordings made by any of them as well as in and to any materials I have provided or may provide in connection with this Application and Release, the Program and the contestant selection process, including, but not limited to any video, recordings, and still pictures that I have provided or may provide in connection with this Application and Release (if any), the Program and the contestant selection process (all such materials shall be collectively referred to herein as the “Materials”). I further grant to Releasees the right and a worldwide, perpetual, transferable license to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness and any artwork that I may submit in connection with this Application and Release, the Program and the contestant selection process, in any and all media now known or hereafter devised, throughout the universe, in perpetuity including, without limitation, in and in connection with the Program, in and in connection with other programs, and in and in connection with advertisements, promotion, publicity, marketing and merchandising, or otherwise. 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 and Release.
I hereby grant Producer the right to use and license others to use my name, voice, sounds, image, likeness and biographical information in and in connection with the Materials, whether as part of the Program or otherwise, or in connection with advertising, programming and publicity materials for the Program (including, without limitation, commercial tie-ins) and/or Producer, the Network and any of their respective parent, subsidiary, related entities or affiliates, sponsors of the Program, and for the institutional purposes of Producer and Network and/or their respective affiliated entities, throughout the world, in any and all media, now known or hereafter devised, in perpetuity.
I agree to take, at Producer’s expense, any further action, in writing (including, without limitation, execution of affidavits and/or other documents), requested by Producer to effect, perfect or confirm Producer’s and any Program related sponsor’s, advertiser’s, advertising agency’s and/or distributor’s rights in the Materials and my Likeness, including, without limitation, the rights to use, modify, reproduce, publish, perform, display, distribute, make derivate works of and otherwise commercially and non-commercially exploit the Materials and my Likeness in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without separate compensation to me or any other person or entity.
(c)I understand that in and in connection with the contestant selection process and the Program, I may reveal and/or relate, and other parties (including, without limitation, other participants, the Producer and/or Network and any Program related sponsor, advertiser, advertising agency and/or distributor) may reveal and/or relate information about me of a personal, private, surprising, defamatory, disparaging, embarrassing or unfavorable nature, and that my actions and the actions of others participating in the contestant selection process and/or in the Program may be embarrassing or of an otherwise unfavorable nature. I further understand that my appearance, depiction, and/or portrayal in and in connection with the Program or otherwise, and my actions and the actions of others displayed in and in connection with the Program or otherwise, may be disparaging, defamatory, embarrassing or of an otherwise unfavorable nature, may expose me to public ridicule, humiliation or condemnation, and may portray me in a false light. I further understand that any information regarding me that Producer may disclose during the Program or otherwise may be more or less favorable than similar information disclosed by Producer regarding other participants. I acknowledge and agree that Producer, Network, the Releasees, and any entity that exhibits or otherwise exploits the Materials, the Program or any other production, and any of their licensees, successors and assigns, shall have the right (but not the obligation): (a) to include any such information and any such appearance, depiction, portrayal, actions and statements in the Program or in any other exhibition or exploitation of the Materials, and (b) to exhibit, broadcast and otherwise exploit the Materials and the Program containing any such information and any such appearance, depiction, portrayal or actions. I understand and acknowledge that, while such conduct might otherwise constitute an actionable tort, I have freely and knowingly consented to such conduct. The waivers, releases and indemnities in this Application and Release and any other agreement that I have executed or that I may execute in connection with the Program and/or any other production expressly apply to any such inclusion and exploitation.
(d)I understand that the contestant selection process will involve subjective decisions made by certain individuals selected by Producer in their sole discretion. I understand that the contestant selection process may also involve subjective decisions made by the public. I further understand that those certain individuals, any of the Releasees, 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 contestant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal.
(e)I further acknowledge and agree that Producer reserves the right to consider and select contestants who are not able to attend an open casting call and that Producer shall have sole discretion and control over every aspect of selecting contestants, and Producer’s decisions on all matters related to selecting contestants shall be final and binding and not subject to challenge or appeal.
(f)Release and Agreement Not to Sue. To the maximum extent permitted by law, by signing this Application and Release, I hereby release each of the Releasees and any entity that exhibits the Program on any media platform, the other contestants and participants in the Program, the advertisers connected with the Program, each of their respective parent, subsidiary and affiliated companies, all other persons and entities connected with the Program, and each of their respective officers, directors, agents, representatives, employees, successors, assignees, and licensees from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, my application for, participation in or in connection with the Program, and/or the recording or use of my Likeness and/or the Materials, including, without limitation, my participation in the contestant selection process of the Program, any exploitation of the Program or my appearance on the Program, the failure of Producer to select me as a contestant, the cancellation of the Program, or the exercise by Producer of any rights granted by me with respect to the Program on any legal theory whatsoever (including, but not limited to, personal injury, rights of privacy and publicity, false light, and defamation) (collectively, the “Released Claims”). The Released Claims specifically include, without limitation, any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind resulting from the actions of another participant or any other third party at any time. 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 other reason based on any of the Released Claims hereunder.
(g)I acknowledge that there is a possibility that subsequent to the execution of this Application and Release, I will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Application and Release was executed, and which if known by me at that time may have materially affected my decision to execute this Application and Release. I acknowledge and agree that by reason of this Application and Release, and the release contained in the preceding subsections, I am assuming any risk of such unknown facts and such unknown and unsuspected claims. I have been advised of the existence of Section 1542 of the California Civil Code, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver I would not have been permitted to audition or become a participant in the Program. I hereby represent that I acknowledge and understand the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.
(h)I hereby authorize Producer and its designees to secure information about me, my background and my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, credit reporting agencies, and any references I have provided, and I authorize such parties to provide information concerning me. Without limiting the foregoing, I specifically authorize investigation of my employment, medical, and government records, including but not limited to, my motor vehicle, criminal, and court records, and credit and/or consumer report(s).
(i)Whether or not I am selected to be a contestant on the Program, I shall keep in strictest confidence and shall not disclose to any other applicant, contestant 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, any of the Releasees, the business of Producer or any of the Releasees, any program produced by Producer and/or exhibited by any of the Releasees, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program contestants, the location(s) of the Program, the events contained in the Program, or the outcome of any contest or challenge in or 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 contestant on the Program or (if I am selected to be a contestant) as the result of my experiences as a contestant 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 the exhibitor/distributor of the Program. 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 and Release shall continue in perpetuity or until terminated by Producer or any exhibitor/distributor of the Program by giving me written notice of termination. In no event will I have the right to terminate my confidentiality obligations under this application. I acknowledge that in the event I breach the confidentiality or any other provisions of this application, my breach may, in the sole discretion of Producer and/or the Exhibitor result in my being disqualified to participate as a contestant in the Program. I further acknowledge that a breach by me of any of the confidentiality provisions of this Application and Release would cause Producer and the exhibitor/distributor of the Program irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law.
(j)As used herein, “Producer” shall include The Gifted Show, Inc., its licensees, successors, and assigns, and each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, shareholders, employees, agents, representatives, successors, licensees and assigns. I agree that Producer may license, assign, and otherwise transfer this Application and Release and all rights granted by me under this Application and Release to any person or entity.
(k)This Application and Release shall be interpreted under the internal, substantive laws of the State of California without regard to the conflicts of law provisions thereof.
(l)MEDIATION & ARBITRATION. BOTH PRODUCER, ON BEHALF OF ITSELF AND NETWORK, AND I AGREE THAT IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO MY APPLICATION FOR OR PARTICIPATION IN THE PROGRAM, INCLUIDNG BUT NOT LIMITED TO ANY CLAIM OR DISPUTE ARISING FROM THIS APPLICATION AND RELEASE, THAT ARE NOT OTHERWISE BARRED OR RELEASED PURSUANT TO THE TERMS HEREIN 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 (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 AN ARBITRATOR EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES, CALIFORNIA. THE PARTIES AGREE THAT THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS APPLICATION AND 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 AND 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 AND 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.
(m)SEVERABILITY. THE ILLEGALITY, INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THIS APPLICATION AND RELEASE SHALL IN NO WAY AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OF THE REMAINDER OF THIS APPLICATION AND RELEASE, WHICH SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.