TOS
I understand that I am being considered as a contestant for the television series entitled "MUTANT! MONDAY! LIVE!" (the "Program") to be produced by Entertainment Live (the “Producer”) and broadcasted by the American Broadcasting Corporation (the “Broadcaster”). By signing this Consent and Release (the "Agreement"), I represent that I have read, understood and voluntarily agree to abide by its terms and conditions. Producer requires me to enter into this Agreement in order to be considered as a contestant on the Program, and I deem it to be in my best interest to enter into this Agreement. I acknowledge that by signing this Agreement, I will be giving up certain legal rights I may have against Producer, Broadcaster and sponsors of the Program and others.
In consideration of being considered for and possibly selected to participate in the Program (notwithstanding whether or not I am selected as a contestant for the Program) and for other good and valuable consideration which I have received, I hereby represent and warrant that the following statements are true and correct and that I irrevocably agree to the terms and conditions contained herein:
1. I am 18 years of age as of March 31st, 2004.
2. I am not a candidate for public office and will not become a candidate before the broadcast of my appearance on the Program, or until one year from the date of this Agreement (whichever is earlier).
3. I have answered the questions in the online Participant Application relating to me, accurately and completely and will immediately inform Producer if any information I have provided changes, is discovered by me to be false, inaccurate or incomplete or becomes false or incomplete. If any of the information I have provided is found and/or determined by Producer in its sole discretion to be false, incomplete, inaccurate or otherwise misleading, Producer reserves the right to immediately dismiss and disqualify me from the participant selection process and/or from the Program, if selected.
4. I understand that Producer has no obligation to interview me, to consider, and/or to select me as a participant and even if I am selected as a participant, Producer has no obligation to produce the Program or exhibit it, even if it is produced. All decisions of Producer concerning selection of participants are final and not subject to challenge or appeal. Producer has no obligation to return any materials submitted by me as part of the participant selection process whether or not I am selected as a participant.
5. I hereby grant the Producer the authorization, at no charge, to use the video joined to my contestant application, created, owned, or controlled by me, (the “Video”), to use and include such Video in and in connection with the Program and/or any part thereof and/or the advertising, marketing, and exploitation thereof, in any manner in Producer’s sole discretion.
6. I understand and consent to the presence of security on-site during shooting days. This is for the safety of myself, the hosts, and all other personnel involved in the Program. I will not protest the presence of this security at any point, as resistance to such may result in being removed from the Program.
7. I hereby irrevocably consent to Producer’s use of all measurements, records, and other data collected during the process of filming for additional projects. These projects may or may not be related to the initial Program. I understand and agree that this data may be utilized without my knowledge, and may be exploited as Producer deems fit.
8. I hereby irrevocably consent to Producer's filming, taping and/or recording of me, with or without my knowledge, for use in connection with the production and exploitation of the Program. I hereby grant to Producer, its assignees, licensees, agents and affiliates, the right in any and all media now known or hereafter devised throughout the universe in perpetuity to use and reuse my appearance during all phases of production of the Program (including but not limited to the interview and audition process), including but not limited to, the right to use my name, voice, likeness, biographical information, in any manner, whatsoever at Producer's sole discretion and as Producer sees fit. I understand and agree that the telecast or other exploitation of the Program episode(s) in which I appear, if any, and any exploitation of my appearance, name, likeness, voice, conversation, sounds, biographical information, as the same may be edited, cut, altered, rearranged, adapted, dubbed or otherwise revised, if applicable by Producer, will not entitle me to receive any wages, benefits, fees, compensation or other consideration whatsoever.
9. Before appearing on the Program, I will be briefed on the Program rules and agree to obey them. I agree to follow all of Producer's rules, directions and instructions in all matters relating to the Program, which rules are subject to change at Producer's sole discretion. I will accept any and all decisions of Producer (including but not limited to decisions concerning the audition process, interpretation of rules, and all decisions relating to the Program) as final and acknowledge that the interests of the Program shall override those of any participant.
10. I understand and acknowledge that I may need to undergo investigations into my background, which may include reviews of civil and criminal records, and I agree to sign all necessary consents or other documents in connection therewith.
11. I understand that as a participant on the Program, I may reveal and/or relate and other parties may reveal and/or relate about me information of a personal, private, intimate or surprising nature, etc. that may be factual and/or fictional. I further understand that my appearance, depiction and/or portrayal in the Program may be disparaging, defamatory, embarrassing or of an otherwise unfavorable nature which may expose me to public ridicule, humiliation or condemnation. I acknowledge and agree that Producer shall have the right to (a) include any or all such information and any or all such appearances, depictions or portrayals in the Program as edited by Producer in its sole discretion, and (b) to broadcast and otherwise exploit the Program containing any or all such information and any or all such appearances, depictions or portrayals in any manner whatsoever in any and all media now known or hereafter devised, or for any other purpose, throughout the universe in perpetuity.
12. If I shall perform, display or submit for use in the Program any original music, choreography, writings, photos, videos, objects, or other materials created, owned, or controlled by me, (the “Original Materials”), it is understood and agreed that I shall continue to have the non-exclusive right to use all of the Original Materials, and that I shall continue to own the underlying copyrights in such Original Materials, subject to Producer's rights as set forth in this Agreement, which rights shall include but not be limited to a license (including without limitation synch rights and public performance rights), which license is hereby granted, at no charge, to use and perform such Original Materials in and in connection with the Program and/or any part thereof and/or the advertising, marketing, and exploitation thereof, in any manner in Producer’s sole discretion including without limitation any ancillary use thereof.
13. I have been informed and I fully understand the advice and instruction given to me by the Host on the Program is intended to be for entertainment only. Should I decide to follow all or any such advice, this decision shall be entirely at my own risk. Any actual or alleged consequences of my following such advice or instruction shall be included within the matters released and indemnified by this release form.
14. Any refusal to accept any cash winnings, or any failure to advise Producer within 6 months of the initial air date of the Program or six (6) months of the one (1) year anniversary of the tape date of my appearance of the failure to receive any cash winnings shall release Producer and all others connected with the Program of any and all obligation in connection with such cash winnings. I acknowledge that the forfeiture of any cash releases Producer and all others connected with the Program of all obligations to me in connection with such cash.
15. I will not compete on the Program against any person who is an acquaintance, friend, or relative unless Producer has been notified and has agreed to such relationship prior to my appearance on the Program.
16. I am not, nor is any immediate family member (including unrelated persons living in the same household) an employee, shareholder, officer, director, agent or representative of Producer, Broadcaster, known sponsors of the Program, and/or their respective parent, subsidiary(ies), or affiliated companies, licensees, partners and assigns.
17. I am not currently a member of any performing arts union or guild. If I am, or have ever been, member of any performing arts union or guild, I agree that my participation as a participant on the Program or in the audition process therefore, if any, does not constitute a performance or appearance as defined by any performing arts union or guild, nor does it entitle me to any wages or salary or other similar compensation.
18. I do not currently have any outstanding warrants (e.g., traffic tickets, arrests, etc.) or restraining orders against me, nor have I been reported to any law enforcement agency as a missing person or a runaway. I have never been arrested or convicted of a criminal offence, except as follows [please list dates and locations of arrest and/or conviction, outcome of charges (including, if applicable, sentencing) and a brief description of the alleged offence(s)] (use the “Tell us about your family” section if necessary).
19. No breach of this Agreement shall entitle me to terminate or rescind the rights granted to Producer herein. I hereby waive the right, in the event of any such breach by Producer, to equitable relief or to enjoin, restrain or interfere with the exercise of any of the granted rights, it being my understanding that my sole remedy shall be the right to recover monetary damages with respect to any such breach.
20. Any and all information disclosed to or obtained by me concerning or relating to the Program, the participants, the events contained in the Program, the outcome of the Program or any part thereof, Producer, and the terms and conditions of this Consent and Release shall be strictly CONFIDENTIAL for a period of four (4) years following the execution hereof. I agree that I will NOT disclose to any third party any information which I have had or will have access to concerning the Program, the other participants, friends or families, Producer, or the Broadcaster's programming or other services, or the terms and conditions of this Consent and Release, except as required to fulfill my obligations hereunder, as expressly authorized by Producer in writing, or as required by law. I also agree that I will not disclose any such information to any participant, individual or entity including, without limitation, any members of the press. I further agree not to make disparaging remarks about the Program or any elements thereof. I acknowledge that any disclosure of such information will constitute a material breach of this Consent and Release and will cause Producer substantial and irreparable injury and will cause substantial damages, entitling Producer to, among other things: injunctive or other equitable relief without posting any bond, to prevent and/or cure any breach or threatened breach of this paragraph by me.
21. I affirm that neither I, nor anyone acting for me gave or agreed to give anything of value to any member of the production staff, anyone associated in any manner with Producer. I understand that Producer's policy prohibits such payments, and I further understand that it is a criminal offence, unless disclosed to Producer prior to broadcast, for any such arrangement or my acceptance or agreement to accept anything of value to promote any product, service or venture on the air. I am also aware that it is a criminal offence to use any prepared material containing such a promotion where I know the writer received consideration for it and fail to disclose this to Producer prior to broadcast. I shall notify Producer immediately if any person attempts to induce me to violate the foregoing or to do anything dishonest.
22. I release Producer and all others, including but not limited to its affiliated companies, successors, principals, agents, employees, partners, licensees, designees and assignees, any parent, subsidiary, affiliate or division of the foregoing, all stations broadcasting the Program, and advertisers connected with or sponsoring broadcasts of the Program (all of the foregoing being "Indemnities"), from any and all claims arising out of the injury or damage to myself in any way resulting from or by reason of my participation on or information or materials supplied by me in connection with the Program, including but not limited to claims for defamation and/or invasions of privacy, publicity or personality. I agree to indemnify, defend and hold harmless the Indemnities from any and all liability, claim, action, damage, expense and loss of any kind caused by or arising out of any statement or action made by me during or in connection with my participation on the Program or arising from or by reason of information or materials supplied by me in connection with the Program. Indemnities shall have the right to control defense of any action subject to indemnification pursuant to this paragraph 21 with counsel of their choice, and I agree to cooperate with Indemnities as reasonably requested by Indemnities or their counsel in such defense.
23. I agree that this Consent and Release shall be governed by the laws of the United States for contracts entered into and wholly performed therein and the venue for any disputes shall be the provincial and federal courts of the United States.
24. I have been given ample opportunity to read, and I have carefully read, this entire Agreement. In addition, I have been given the opportunity to, and am hereby advised to, have this Agreement reviewed by legal counsel of my choice. I certify that I have made an investigation of the facts relevant to this Agreement and of all the matters pertaining thereto as I have deemed necessary, that I fully understand the contents of this Agreement, that I am of sound mind, and that I intend and agree to be legally bound by this Agreement. Each statement, which I have made in this Agreement, is true. The name given below is my legal name. After I have signed this Agreement where indicated below, the foregoing shall constitute a binding and enforceable agreement between myself and Producer.
