In consideration for my possible appearance in proposed television program currently known as the “Untitled Dating Show” (the “Program”) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows:
I acknowledge that everything stated in the application (“Application”) that I am submitting along with this Appearance Release (the “Release”) is true. I understand that any falsely submitted answers can and will be grounds for removal from the casting process and from my subsequent participation in the Program. Whether or not I am selected to be an on-camera participant in the Program, I acknowledge and understand that I may be taped and otherwise recorded during the interview and application process, and that 495 Productions Services, LLC (“Producer”) and its assignees, designees and/or licensees may use such recordings, and my name, voice and likeness, in any manner and for any purposes in and in connection with the Program (including, without limitation, in any related or derivative versions and/or uses of the Program, and in all advertising, publicity, promotion and marketing for the Program) in all media now known or hereafter devised throughout the world in perpetuity for no compensation.
I further acknowledge and accept that this application form and any other materials (including, but not limited to, any photographs, videotapes, etc.) that I have submitted or will submit to Producer will become the property of Producer and will not be returned. By signing below, I hereby grant Producer and its assignees, designees and/or licensees the right, but not the obligation, to use my name, voice, actions, likeness, appearance and any biographical information contained in this application, my home video, taped interview and any other materials submitted by me (collectively, my “Likeness and Materials”) in any manner and for any purpose in all media now known or hereafter devised throughout the world in perpetuity without any compensation to me. Such rights shall include, without limitation, the right to record, use, publicize, distribute and otherwise exploit my Likeness and Materials in any manner and for any purpose including without limitation in any related or derivative versions and/or uses of the Program, and in all advertising, publicity, promotion and marketing for the Program, including in any merchandising or commercial tie-ins, in connection with other productions and/or in connection with Producer). I further agree that Producer has the right to edit, rearrange, cut, dub, add to, modify or juxtapose my Likeness and Materials in any manner and to combine them with any other material. Producer shall have the right to edit or delete my Likeness and Materials, juxtapose any part of my Likeness and Materials with any other materials, change the sequence of events, and make any other changes in my Likeness and Materials as Producer chooses in Producer’s sole discretion. Producer and its assignees, designees and/or licensees shall be the sole and exclusive owner of all rights (including, without limitation, copyrights) in and to my Likeness and Materials which shall be deemed “works made for hire” specially ordered as part of a motion picture or other audio-visual work, and I waive the exercise of any “moral rights,” “droit moral,” and any analogous rights, however denominated, in any jurisdiction of the world, which I have. I acknowledge and represent that I have the right to enter into this Release, grant the rights granted in this Release and to participate in the Program without permission from, consent of or payment to any third party, and that I am, at least, eighteen (18) years of age and that neither Producer nor its assignees, designees and/or licensees have any obligation to me, nor to use my Likeness and Materials, whatsoever. If applicable, I am agreeing to all of the terms and conditions of this Release, including the granting of all rights hereunder, on behalf of each member of my group, and I represent and warrant that I have the full authority to do so and no other permission or consent of any kind is required.
I further represent and warrant that the Likeness and Materials were created solely by and are original with me and all right and title therein and thereto is owned and/or controlled exclusively by me and that such Likeness and Materials will not infringe the copyright in any other work or violate the rights to privacy or publicity of any person or constitute a defamation against any person, or in any other way violate the rights of any person. The foregoing notwithstanding, if any part of the Likeness and Materials are owned and/or controlled by a third party (“Third Party Materials”), I acknowledge that I have provided Producer with written notice of same in the Application. I further represent and warrant that I am able to grant (without the need for any other permission or consent of any kind), and do hereby grant, to Producer and the applicable network/platform on which the Program will be aired (the “Network”) a gratis, perpetual, transferrable, irrevocable license to use the Third Party Materials in and in connection with the production, distribution, promotion and/or exploitation of the Program in any and all media, whether now known or hereafter devised, throughout the universe in perpetuity, as further set forth herein.
Any and all information disclosed to or obtained by me and/or my representatives, and/or agents (each a “Related Party” and collectively the “Related Parties”) concerning or relating to the Program, including but not limited to the premise and concept of the Program, the nature of certain events in the Program, the outcome of the Program, and other elements relating to casting, pre-production, production and post-production of the Program (collectively, the “Confidential Information”), shall be strictly confidential, and I hereby agree not to disclose, and to cause each of the Related Parties (if any) not to disclose, any such Confidential Information to any individual or entity in perpetuity; provided that I and/or Related Party(ies) may disclose Confidential Information only to the extent that Producer has granted its prior, specific, express written approval of the content, timing, means, manner and recipient(s) of such Confidential Information (and the specific Related Party(ies), if applicable). I acknowledge and agree that any disclosure of such Confidential Information by me or any Related Party in violation of this Release shall constitute a material breach of this Release and shall cause Producer and its assignees, designees and/or licensees irreparable injury. I further agree that in the event of any disclosure by me or any Related Party in violation of this Release, I shall be liable to and shall pay Producer, as liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Thousand United States Dollars (US $250,000.00), which amount represents the result of a reasonable endeavor by Producer and me to ascertain the fair average compensation for any harm that Producer will sustain as the result of such disclosure. I expressly agree that this liquidated damages amount represents reasonable compensation for the harm which will be incurred by Producer as a result of such disclosure, that this liquidated damages provision is necessary because Producer will in fact suffer significant damages as a result of violation of this Release, and that the amount of those damages is impracticable to calculate or ascertain with certainty or specificity. In addition, I agree that in the event of such disclosure in violation of this Release, Producer shall have the right to seek, among other things, (a) injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this Release by me or any Related Party, (b) recovery or disgorgement of the monies or other consideration received in connection with such disclosure, if any, and (c) recovery of Producer’ attorneys' fees incurred to enforce this Release.
I acknowledge that any breach by me of any of the provisions of this Release would cause Producer, its assignees, designees and/or licensees, irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law. I hereby expressly agree that all such parties shall be entitled to injunctive and other equitable relief (without posting any bond) to prevent or cure any breach or threatened breach of the provisions of this Release by me. I will defend, indemnify and hold harmless Producer, its assignees, designees and/or licensees, their parent, subsidiary and affiliated companies, and each of their respective officers, directors, agents, representatives and employees, from and against any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees) that in any way arise out of or result from my breach of any of the provisions of this Release.
RELEASE, AGREEMENT NOT TO SUE AND INDEMNITY. To the maximum extent permitted by law, I, for myself and on behalf of my heirs, executors, agents, successors or assigns, hereby release, hold harmless, and forever discharge Producer, the Network and any other distributor or network that exhibits the Program, and each of their respective parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, and each of their respective officers, directors, principals, executives, on-air talent, agents, contractors, partners, shareholders, representatives and employees (the “Released Parties”), from any and all claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action whatsoever that in any way are caused by, arise out of or result from this Release, my appearance and participation, my Likeness and Materials, the Program, or in the advertisements therefor, or the broadcast or other exhibition of the Program, and/or my Likeness and Materials, on any legal theory whatsoever (including, but not limited to, personal injury, rights of privacy and publicity, defamation, or false light), regardless of whether caused by the negligence or willful misconduct of the Released Parties (collectively, the “Released Claims”). To the maximum extent permitted by law, I agree that I will never sue any of the Released Parties because I do not like the manner in which Producer or its licensees, designees or assignees took or used my Likeness and Materials for any cause of action based on any of the Released Claims. I will defend, indemnify and hold the Released Parties harmless from any and all such claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action, as well as all those that in any way are caused by, arise out of or result from any breach or alleged breach by me of any of the representations or warranties made by me in this Release.
To the maximum extent permitted by law, I waive any and all rights I may have under Section 1542 of the Civil Code of California, and every like provision in any foreign jurisdiction. Section 1542 provides as follows: 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.
I acknowledge that, in the event of any breach by Producer or any third party, or any other act or omission giving rise to liability, the damage, if any, caused me thereby will not be irreparable or otherwise sufficient to entitle me to seek injunctive or other equitable relief. My rights and remedies in such event will be strictly limited to the right to recover monetary (but not punitive or consequential) damages, if any, in an action at law, and I will have neither the right to rescind or terminate this Release or any of Producer’ rights hereunder, nor the right to enjoin the production, distribution, exhibition, or other exploitation of the Program or any other program or otherwise or subsidiary or allied rights with respect thereto.
I further agree that this Release shall be governed by the internal laws of the State of California and that any action arising out of this Release shall be brought in the state or federal courts located in the City of Los Angeles, I irrevocably submit to the exclusive jurisdiction of any such court and waive objection that I may now or hereafter have to the venue of any such action or proceeding in any such court.