In consideration of the opportunity to be considered for selection as a participant in the Program (as that term is defined below), I hereby grant Producer the irrevocable, non-exclusive license to photograph, reproduce, transmit, telecast and otherwise exploit (collectively “Exhibit”) the Materials, including without limitation, all images, names, likenesses, voices and sounds connected with or embodied in the Materials, in any manner, in any and all media now or hereafter devised, in perpetuity, throughout the universe, including without limitation, for the purpose of and in connection with developing, producing, Exhibiting, distributing, promoting, advertising, marketing and otherwise exploiting (collectively, “Exploit(action)”) “European Best Topshooter” or any other program or production (collectively, the “Program”) or Network, as Producer and/or Network may determine in their sole discretion. I further grant Producer the irrevocable, non-exclusive license to Exhibit and Exploit my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in the Program or in any other materials submitted or to be submitted by me (collectively “Likeness”), as edited, altered, or modified by Producer, in any and all media now known or hereafter devised, worldwide and in perpetuity, in or in connection with the Program or any other work. Without limiting the generality of the foregoing, I agree that the rights granted hereunder shall include, without limitation, Producer’s perpetual, worldwide right to, and to authorize others to, edit, telecast, rerun, record, publish, reproduce, use, license, print, distribute or otherwise exploit, in any manner and in any media or forum (now known or hereafter devised), the Materials, in whole or in part. I acknowledge that Producer is not obligated to consider, Exhibit, Exploit or otherwise use the Materials and has no other obligations to me whatsoever. I further agree that Producer may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement in connection with the Program, Producer or Network. 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 Producer these rights or for executing this Agreement.
I represent and warrant that I am at least twenty (20) years of age, that I am a legal EU resident, that the Materials are my original creation, and that I have the full right and authority to grant Producer the rights and permissions set forth in this Agreement without violating the rights of any third party. I hereby assign to Producer and agree that the Producer shall exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by Producer and a non-exclusive license (as provided hereinabove) in and to any and all Materials, including, without limitation, any Materials that I have provided in connection with my application and any other materials that I have provided or may provide in connection with my application or the Program, including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity.
The personal and other information I have provided or will provide to Producer is or will be true and accurate, the e-mail address and telephone number that I have provided is my personal e-mail address and telephone number, and I grant to Producer permission to contact me directly by e-mail or telephone.
Producer in its discretion may elect to provide certain music, sound effects or other audiovisual materials (collectively, “Producer Content”) to be incorporated in the Materials. All Producer Content is the sole property of Producer or its licensors. I acknowledge and agree that I do not and shall not have or obtain any right, title or interest in or to any Producer Content, whether in connection with the Materials or otherwise, and I agree not to use any Producer Content for any purpose except as expressly authorized by the board in Topshooter.
To the maximum extent permitted by law, I agree that I will never sue the Released Parties (as defined below) because I do not like the manner in which Producer took or used the Materials or for any cause of action based on any of the Released Claims (as defined below). 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, A. Co. Productions, Media, Television Group, G4 Media, Inc., all television stations and channels, cable networks, satellite networks and other media platforms and other entities that Exhibit the Program or any portion thereof, the other contestants in the Program, all sponsors, product integration partners, trade out partners and advertisers connected with the Program, all other persons and entities connected with the Program, the respective parents, subsidiaries, affiliated entities, licensees, successors and assigns of each of the foregoing, each of their respective directors, officers, employees, agents, contractors, partners, shareholders, representatives and members, and each of their respective heirs, next of kin, spouses, guardians, legal representatives, executors, administrators, successors, licensees and assigns (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 Agreement, the Materials, the Program, or the Exploitation of the Materials or the Program, 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”). I will defend, indemnify and hold the Released Parties harmless from any and all such Released Claims, as well as any and all claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action 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 Agreement.
I acknowledge that I am submitting the Materials in connection with an open casting call for an opportunity to appear in Topshooter Program. I further acknowledge that casting decisions are highly subjective and made in Producer’s sole and absolute discretion, and that Producer’s selection of participants and elimination decisions may involve factors other than physical characteristics and abilities, including, without limitation, budget parameters and creative needs, and that the selection of participants will be subject to their submission and execution of additional documents, applications, agreements, rules and/or materials as required by Producer. I understand and agree that Producer’s decisions including, without limitation, with respect to casting, are final and binding on me in all respects, and shall not be subject to challenge or appeal.
The parties agree that if any controversy or claim arising out of or relating to this Agreement 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 EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW OR A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED WITHIN THE CONTESTANT HOMELAND LEGAL OFFICES.
IN AGREEING TO ARBITRATION, I ACKNOWLEDGE AND AGREE THAT I HAVE WAIVED THE RIGHT TO A JURY TRIAL. I FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY PRODUCER AND/OR NETWORK, MY REMEDIES WILL BE LIMITED TO AN AWARD OF MONEY DAMAGES AND IN NO EVENT WILL I BE ENTITLED, AND I HEREBY WAIVE, ANY RIGHT TO TERMINATE OR RESCIND THIS AGREEMENT OR TO SEEK OR OBTAIN (INCLUDING, WITHOUT LIMITATION, THROUGH ANY ARBITRATION PROCEEDING) INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. I HEREBY ACKNOWLEDGE AND AGREE THAT MY SOLE REMEDY FOR CLAIMED INJURIES ARISING OUT OF THIS AGREEMENT SHALL BE TO SEEK MONETARY DAMAGES, IF ANY, AND THAT SUCH REMEDY IS ADEQUATE AND SUFFICIENT.
I acknowledge that there is a possibility that after the execution of this Agreement, I may discover facts or incur or suffer claims that were unknown or unsuspected at the time I executed this Agreement, and which, if known by me at that time, may have materially affected my decision to execute this Agreement. I acknowledge and agree that by reason of this Agreement and the releases contained herein, I have assumed any risk of such unknown facts and such unknown and unsuspected claims.
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
This Agreement, together with any other agreements and documents that I have executed or may in the future execute in connection with my application to be a participant in the Program or in connection with the Program represents the entire agreement between Producer and me with regard to the subject matter hereof and supersedes all previous agreements, both oral and written.
WHEN CHECKING THE “I HAVE READ, UNDERSTAND AND AGREE TO THIS AGREEMENT” AT SIGN-UP, I HEREBY ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT ELECTRONICALLY AND I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS ABOVE, INCLUDING WITHOUT LIMITATION, THE RELEASES ABOVE. WITHOUT IN ANY WAY LIMITING THE FOREGOING, I FURTHER ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE DISPUTES, I AM WAIVING MY RIGHT TO A JURY TRIAL. FURTHERMORE, I ACKNOWLEDGE AND AGREE THAT MY ELECTRONIC SIGNATURE IS THE LEGAL EQUIVALENT OF MY MANUAL SIGNATURE ON THIS AGREEMENT.