Personal Release Form
Blind Video Date Season 1
Audition and Personal Release Form
DO NOT AGREE UNTIL YOU HAVE COMPLETELY READ THIS RELEASE IN ITS ENTIRETY
“BLIND VIDEO DATE” SEASON 1 – PERSONAL RELEASE
In
full and complete consideration of Gickup Inc. (“Producer”) possibly
including me as a participant in Season 1 of the internet dating game
show entitled “BLIND VIDEO DATE” including, but not be limited to, the
interview, audition, and contestant selection processes (the “Program”)
and without any further consideration due from Producer or any third
party to me, and with the understanding that Producer, in its sole
discretion may choose whether or not to include me in the Program, or
broadcast my appearance in the Program, if any, I hereby agree as
follows.
I
grant to Producer and its successors, licensees and assigns, the
irrevocable right, but not the obligation, with or without my knowledge,
to film, tape and/or photograph, record, exhibit, edit and otherwise
use my appearance, name, likeness, voice, singing voice, conversation,
sounds and biographical data on or in connection with the Program in any
manner in Producer’s sole election and discretion, which use shall not
entitle me to receive any compensation whatsoever. I agree that Producer
is the sole owner of all results and proceeds of such film, tape,
photography and/or recording and my appearance thereon, with the right
for Producer and its successors, assigns, and licensees, forever and
throughout the universe, to use the same and any portion thereof in any
and all media, whether now known or hereafter devised, including,
without limitation, motion pictures, television and publishing, and in
connection with the advertising, sale, promotion, marketing,
merchandising (including slot machines), distribution, publicizing and
all other types of exploitation of the Program or any part thereof
(including but not limited to the promotion of third-party sponsors), or
in any manner whatsoever. Producer shall also have the unrestricted
right to edit the content of the Program in any manner or form.
I
understand that I may reveal, and other parties may reveal, information
about me that is of a personal, private, embarrassing or unfavorable
nature, which information 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 appearances,
depictions or portrayals in the Program as edited by Producer in its
sole discretion, and (b) broadcast and otherwise exploit the Program
containing any or all such information and 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.
I
agree to follow all of Producer’s rules, directions and instructions in
all matters relating to the Program, which rules, directions and
instructions are subject to change at Producer’s sole discretion. I will
accept any and all decisions of Producer on discretionary matters
(including but not limited to the audition process and contestant
selection) as final and acknowledge that the interests of the Program
shall override those of any participant. I agree that use of my audition
or submission is within Producer’s sole discretion and that Producer is
not obligated to use it at all, grant me a callback, or otherwise
respond to my audition or submission.. In the event my audition or
submission is used, I agree that my selection as a contestant for the
Program is within Producer’s sole discretion and that Producer is not
obligated to select me. I acknowledge that Producer reserves the right,
exercisable at any time in its sole discretion, to disqualify me from
the Program should I at any stage supply untruthful, inaccurate or
misleading personal information, fail to abide by the rules or
regulations of the Program, or for any other reason or for no reason at
all. If I am selected, I agree that Producer is not obligated to have me
appear on, or to broadcast my appearance on, the Program and may
disqualify me at any time in its sole discretion.
If
I am selected as one of the eight (8) contestants, I agree to sign an
additional release and follow all of Producer’s rules, directions, and
instructions in order to play Blind Video Date. If I cannot or do
not do so, I will immediately be disqualified and another contestant
shall replace me.
I
hereby release, discharge, and hold harmless Producer, its assignees,
licensees, agents, and affiliates, Propulsion Games.com Inc. and any and
all others connected with the Program, and each of their related parent
companies, subsidiaries and/or affiliated companies, and the officers,
directors, employees, agents and representatives of each of the
foregoing (collectively, the “Released Parties”), from any and all
liability or claims arising out of or in any way resulting from my
participation in the Program and the use or reuse of my appearance,
name, voice, , likeness and/or biographical information and I agree not
to make any claim against Producer or the Released Parties as a result
of my participation in the Program and in connection with any use or
reuse of my appearance, name, voice, , conversation, likeness and/or
biographical information (including, without limitation, any claim based
upon defamation or invasion of privacy and/or publicity). In addition, I
agree to indemnify Producer and the other Released Parties and to hold
each of them harmless from any and all liability, claim, action, damage,
expense (including reasonable attorney’s fees), and loss of any kind
caused by or arising out of any statement, action or failure to act by
me during or in connection with my participation in the Program. In no
event shall I have any right to injunctive or other equitable relief
against any of the Released Parties in connection with the Program.
I
acknowledge that there is a possibility that after my execution of this
Release, I will discover facts or incur or suffer claims which were
unknown or unsuspected at the time this Release was executed and which,
if known by me at that time, may have materially affected my decision to
execute this Release. I acknowledge and agree that by reason of this
Release, 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 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. Notwithstanding such provision,
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.
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, or any representative of any
entity associated with Producer’s undertakings hereunder. I
understand that Producer’s policy prohibits such payments, and I further
understand that it is a federal offense, 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 an offense 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.
I
represent and warrant that I am above the age of eighteen (18) years
and that I have the capacity to enter into this Agreement (Personal
Release Form). I further represent and warrant that I have the full,
complete and unrestricted right and authority to enter into this
Release. I agree that my appearance on the Program, if any, shall not be
deemed to be a performance and is not employment under any collective
bargaining agreement or performing arts guild (including but not limited
to AFTRA and SAG) and does not entitle me to wages, salary, residuals,
corporate or other benefits (as for example, pension, health and welfare
benefits) or other compensation under any such collective bargaining
agreement or otherwise I recognize that Producer is relying on my
representations herein and that a breach by me hereunder would cause
Producer irrevocable injury and damage that cannot be reasonably or
adequately compensated by damages in an action at law; and, therefore, I
hereby expressly agree that Producer shall be entitled to injunctive
and other equitable relief to prevent and/or cure any breach or
threatened breach of this Release by me.
I
agree and understand that this Release shall be deemed entered into in
Los Angeles County, California, and that it shall be governed by
and interpreted under the laws of California and by the courts of Los
Angeles County. I agree not to disclose or discuss events related to the
Program, or authorize any third party to do the same, without the prior
written approval of Producer. I shall not directly or indirectly issue
or permit the issuance of any publicity whatsoever with respect to the
Program or my appearance in connection therewith. I shall not use the
name of the Program in any way at any time without Producer’s prior
written approval in each instance.