TERMS OF USE

ELIGIBILITY REQUIREMENTS

 1.         You must be a United States Citizen, or legally authorized to work or participate in the Program in the      United States. 

2.         You must be at least 18 years of age or older.

3.         You must currently not be a candidate for public office and must agree not to become one until at least one (1) year after the initial broadcast or exhibition of the programs in which you appear, if selected as a participant.

 4.         I will not appear in any reality television program within one (1) year of my appearance on the Program WITHOUT THE PRIOR WRITTEN APPROVAL OF PRODUCER.  I have not taped, and will not tape, an appearance on any other television game show within one (1) year of my appearance on the Program.

5.         If selected as a participant you must execute waivers and release agreements required by Network (as defined below) and/or Producer.

6.         You will need to be available for approximately one week to the production and be willing to travel to one or more locations within the United States.

7.         Any offer to become a participant may be conditioned upon your submission to a background check, in accordance with applicable laws, as well as physical and psychological examinations to be conducted in the Los Angeles, CA area, by medical professionals selected by and paid for by the Producers and the certification of the medical professionals that you meet all physical and psychological requirements, with or without reasonable accommodation.  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. You must further authorize the individuals conducting such examinations of you to disclose to Producer and their representatives all information about you 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), you will provide Producer with certification from your personal physician stating that you are physically fit and have no medical condition that would prevent you from participating in the Program, and that engaging in the Program would not endanger your health in any way or give rise to any medical condition or exacerbate any medical condition you may have. 

 8.           You must never have been convicted of a felony. You must never have been convicted of a misdemeanor or ever had a restraining order entered against you, either of which were based in whole or in part on the commission of one or more acts involving moral turpitude or violence, as defined by the Producer in its sole discretion.

 9.         Employees, officers, directors and agents of Producer, Network and SCC, and all their parents and all other subsidiaries and affiliates, and all Program advertising, promotional and judging agencies, Program broadcasters and distributors and all other companies associated with the production, administration and/or exhibition of the Program and/or any of their respective licensees, assigns, parents, affiliated and subsidiary companies, divisions, and joint ventures as well as (a) the immediate family (spouse, ex-spouse, mother, father, sister, brother, daughter or son, step-parents, step-children, step-siblings, regardless of where they live), and (b) members of the same households (whether related or not) of such employees, officers, directors and agents; are not eligible to be on the Program. In addition, any applicant closely acquainted with any person connected with the production or administration or exhibition of the Program is not eligible if, in Producer's sole discretion, the person's participation could create the appearance of impropriety.

Please read, sign and date the following acknowledgement:

By submitting and signing this Application, you hereby represent, warrant, acknowledge, and agree that: (i) You have read and you meet and agree to be bound by the eligibility requirements; (ii) You have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program contest (if any), if selected; (iv) even if you 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 you are selected as a participant, Producer has no obligation to conduct the Program contest (if any) or produce the Program and NETWORK has no obligation to exhibit it, even if produced; (vi) You agree to keep strictly confidential all information about the Program that you may acquire during the participant selection process and/or during your participation in the Program (if applicable); (vii) all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; and (viii) Producer has no obligation to return any materials submitted by me as part of the application whether or not you am selected as a participant.

By submitting and signing this Application, you hereby consent to the recording, use and reuse by Producer, Network, and any of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representative, officers and directors (collectively “Releasees”) of you voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with your application to be a participant in the Program or in any materials submitted by you in connection with your application (collectively “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, worldwide in perpetuity, in or in connection with the Program or any other work. you agree that the Releasees or any of them may use all or any part of your Likeness, and may alter or modify it regardless of whether or not you  are recognizable.  You 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, photographs, music, and/or written materials that you have provided in connection with your application and any other materials that you have provided or may provide in connection with your application or the Program (collectively, the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and your Likeness in any and all media now known or hereafter devised worldwide, in perpetuity.  Without in any way limiting the foregoing, if you perform or include any music (other than music supplied to me by Producer) in connection with your application or the Program, you represent and warrant that you own all rights to such music, and you 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, you waive any claims to royalties of any kind, whether accruing now or in the future, from Producer and Network for the use of any such music, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties.  You further agree that Releasees may use your Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. You grant the rights hereunder whether or not you are selected to participate in the Program in any manner whatsoever.  You understand that you will not be paid any money for giving Releasees these rights or for signing this application.

To the maximum extent permitted by law, you 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 you in your application, this Agreement, any supporting documents and any other documents that you have signed or provided or do sign or provide in connection with your application to be selected as a participant in the Program, or any other written or oral statements you make in connection therewith. Without limiting the foregoing, you irrevocably authorize Producer and any person or entity designated by Producer to secure information about you and your experiences from your current and former employers, associates, friends, family members, educational institutions, government agencies, credit reporting agencies, any branch of the military, and any references you have provided, and you irrevocably authorize such parties to provide information concerning me. You 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, you specifically authorize investigation of your employment records, medical records, and government records, including but not limited to your motor vehicle records, criminal records, civil records, military records, credit and consumer report(s). you 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.

        (a)You understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and/or Network in their sole discretion.  (THERE IS NO DECISION MADE BY THE PUBLIC, CORRECT?) You further understand that those certain individuals, Network, 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.(BY THIS DO YOU MEAN CASTING PERSONNEL WHO MAY BE AQUAINTED OR HAVE FAMILIARITY BY VIRTUE OF DOING THEIR CASTING BUSINESS?)  You understand and agree that all participant selection and elimination decisions shall be final and binding on you in all respects, and shall not be subject to challenge or appeal. 

        (b) You 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. 

            RELEASE AND AGREEMENT NOT TO SUE.  To the maximum extent permitted by law, you release Releasees and SCC from any and all liability arising out of your participation in or in connection with the Program, including, without limitation, the recording of your Likeness and the Materials, your participation in the participant selection process of the Program, and any exploitation of the Program, your Likeness or the Materials, on any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity, false light and defamation) (the “Released Claims”).  Further, to the maximum extent permitted by law, you agree not to sue Releasees as a result of the recording or use of your 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.

             CONFIDENTIALITY.  Whether or not you are selected to be a participant on the Program, you 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 Network, the business of Producer or Network, any program produced by Producer and/or exhibited by Network, 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 you read, hear or otherwise acquire or learn in connection with or as a result of your applying to be a participant on the Program or (if you are selected to be a participant) as the result of your experiences as a participant on the Program (collectively, the “Information and Materials”).  You acknowledge and agree that the Information and Materials are confidential and the exclusive property of Producer and/or Network.  At no time will you ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Information and Materials.  You acknowledge and agree that your obligations with respect to confidentiality set forth in this application shall continue in perpetuity or until terminated by Network by giving you written notice of termination.  In no event will you have the right to terminate your confidentiality obligations under this application.  You acknowledge that in the event you breach the confidentiality or any other provisions of this application, your breach may, in the sole discretion of Producer and/or Network result in your being disqualified to participate as a participant in the Program.  You further acknowledge that a breach by me of any of the confidentiality provisions of this application would cause Producer and Network irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, you hereby expressly agree that Producer and Network 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 by you.     

            As used herein, “Producer” shall include Pastis Productions, its licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives.  You agree that Producer may license, assign, and otherwise transfer this application and all rights granted by you under this application to any person or entity.

            CHOICE OF LAW.  This application shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof.

            MEDIATION & ARBITRATION.  The parties agree that if any controversy or claim arising out of or relating to this application 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 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 OR A RETIRED JUDGE AND BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY.  All proceedings brought pursuant to this paragraph will be conducted in the COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.  THE PARTIES AGREE THAT THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS APPLICATION 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 OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NOTWITHSTANDING THE FOREGOING, YOU 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 YOUR CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS APPLICATION, 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, YOU 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. 

SEVERABILITY.  The illegality, invalidity or unenforceability of any provision of this application shall in no way affect the validity or enforceability of any of the remainder of this application, which shall be enforced to the maximum extent permitted by law.

You have read, understand, and agree with the foregoing.  YOU UNDERSTAND THAT YOU ARE  GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION, INCLUDING, WITHOUT LIMITATION, YOUR RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS APPLICATION.