Four of Hearts, LLC. (“Producer”)
27618 Sycamore Creek Dr
Santa Clarita, Ca 91354
Ladies and Gentlemen:
In consideration of Producer agreeing to consider including me as a potential participant in one or more episode(s) of a “Hot Dates” (“Program”), intended for initial exhibition on one or more third-party internet streaming or other Television distributor (collectively, “Network”), and with the understanding that Producer is relying on the terms of this Release in considering me as a participant in the Program and in producing the Program, and without any further consideration due to me or any other person or entity from Producer or any third party, and with the further understanding that Producer, in its sole discretion may choose whether or not to include me in the Program, and whether or not to broadcast the Program, I hereby agree as follows:
I grant to Producer the irrevocable right (but not the obligation) to film, tape, photograph, and/or record, as well as the right to exhibit, edit and otherwise use my name, likeness, voice, conversation, sounds, appearances, performances, and any information I may provide (without limitation applications, questionnaire responses and biographical data), including, without limitation, any in- person interviews, any virtual/remote interviews, phone interviews and/or other casting activities (collectively, my “Appearance”), as well as the right to exhibit, edit and otherwise use my Appearance on or in connection with the Program or otherwise in any manner in Producer’s sole election and sole discretion. I agree that Producer, its successors, licensees and assigns are the sole owner of all the results and proceeds of such film, tape, photography and/or recording(s) and my Appearance thereon (collectively, the “Materials”), with the irrevocable right, forever and throughout the universe, to use the Materials 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, distribution, publicizing and any and all other types of exploitation of the Program or any part thereof or any other production.
The Materials shall also include any photographs, videotapes, sound recordings, writings, drawings or other materials that I may provide to Producer (collectively, “Other Materials”), except that I will retain ownership of such Other Materials, but I hereby irrevocably and perpetually license the Other Materials to Producer for use in the same manner and to the same extent as the Materials, and other than with respect to ownership, all references to the Materials shall be deemed to include the Other Materials.
I acknowledge that Producer shall have the unrestricted right to edit the Materials and the Program in any manner or form, and to place the Materials and the Program in any context or setting or use, and my release of claims hereunder shall include any claims of misrepresentation or defamation as a result of any editing, placement, context or other use or manner of portrayal of the Materials.
Without limiting the foregoing, I hereby grant Producer the right to use and license others to use my name, voice, sounds, image, likeness and biographical information in and in connection with the Materials, whether as part of the Program or otherwise, or in connection with advertising, programming and publicity materials for the Program (including, without limitation, commercial tie-ins) and/or Producer, the Network and any of their respective parent, subsidiary, related entities or affiliates, sponsors of the Program, and for the institutional purposes of Producer and Network and/or their respective affiliated entities, throughout the world, in any and all media, now known or hereafter devised, in perpetuity.
I recognize that Producer is relying on the terms of this Release in agreeing to consider me as a potential participant for inclusion in the Program and in producing the Program and therefore, this Release shall be irrevocable, and I shall not be entitled to terminate this Release or any of the rights granted hereunder, nor to interfere with, restrain, enjoin or otherwise impair the production or distribution of the Program. My sole remedy, in any or all cases, shall be an action at law for money damages, if any, and I specifically acknowledges that I shall not be entitled to equitable or injunctive relief, all of which I knowingly waives. I also recognize that a breach by me of this Release would cause Producer damages that cannot be adequately compensated by money damages, and I therefore expressly agrees 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 HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS THE PRODUCER, NETWORK AND ITS RESPECTIVE SUCCESSORS, LICENSEES AND ASSIGNS (INCLUDING, WITHOUT LIMITATION, ANY RELATED OR AFFILIATED ENTITIES, ANY NETWORKS, SPONSORS AND/OR EXHIBITORS, AND THE AFFILIATES, OFFICERS, BOARD MEMBERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THE FOREGOING) WITH RESPECT TO ANY AND ALL CLAIMS,DEMANDS, OR CAUSES OF ACTION THAT I MAY HAVE IN CONNECTION WITH MY PARTICIPATION AS AN APPLICANT AND/OR PARTICIPANT IN CONNECTION WITH THE PROGRAM OR ANY USE OF THE MATERIALS WHATSOEVER, WHETHER IN CONNECTION WITH THE PROGRAM OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CLAIMS BASED UPON DEFAMATION OR INVASION OF PRIVACY, OR ANY OTHER MATTER ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE AND EXERCISE OF THE RIGHTS GRANTED TO PRODUCER HEREIN.
I affirm that neither I nor anyone acting for me gave or agreed to give anything of value to any member of Producer’s production staff, anyone associated in any manner with Producer, or any representative of any television network or station or sponsor in exchange for Producer agreeing to consider me for participation in the Program, and I have not accepted anything of value for inclusion of any product, service, venture or other materials in connection with my appearance either as an applicant or a participant. I understand Producer’s policy prohibits such payments or consideration, 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 a federal 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 that is a misrepresentation of any fact or information or to do anything in connection with the Materials that is dishonest, illegal or a breach of the terms of this Release.
I understand that Producer may assign or transfer this Release and all or any part of Producer's rights under this Release to any person, firm or corporation without limitation, and this Release shall inure to the benefit of Producer and Producer's agents, licensees, successors and assigns.
This Release is personal to me and may not be assigned by me and any assignment shall be null and void upon its making.
I represent and warrant that (a) I am at least 18 years of age, (b) I have the full, complete and unrestricted right and authority to enter into this Release, without the consent of any other party, (c) to the best of my knowledge, my Appearance and the Other Materials will not violate or infringe upon any third party's rights (including, without limitation, any rights of publicity or privacy); and (d) I am not a candidate for any public or elected office.
I understand that if I am selected to proceed in the casting process to be considered as a potential participant, I will be required to sign one or more additional agreements, which may contain the terms set forth herein with respect to my participation in the Program, as well as additional and/or different terms. I understand that I may also be required to submit to background checks, psychological examinations, and similar screenings, and that I shall be required to comply with all applicable rules and requirements relating to the Program, before I am allowed to participate in the Program.
I agree that any and all information disclosed to or obtained by me concerning or relating to the Program and/or Producer shall be strictly confidential, and I hereby agrees not to disclose any such confidential information to any individual or entity by any means, including without limitation, via email, mobile/text message and/or posting on any social media platform. I shall also not directly or indirectly issue or permit the issuance of any publicity whatsoever with respect to the Program or my potential appearance in connection therewith or any of the Materials without Producer’s prior written approval in each instance. I shall keep anything confidential concerning or relating to the Program and/or Producer activities, and I shall not use the name of the Program or refer to my participation as an applicant or participant in any way at any time without Producer’s prior written approval in each instance.
This Release sets forth the entire agreement between Producer and myself with respect to the subject matter hereof and may not be altered or amended except in writing signed by both parties. This Release is binding upon me and my heirs, representatives, agents, employees, successors, licensees, and assigns. This Release may be executed in counterparts and transmitted by secured digital or electronic transmission, which shall constitute an original and, when taken together, shall constitute a single instrument. This Release shall be governed by and construed in accordance with California law as if this Release were executed and performed fully in the State of California, regardless of where execution and performance hereunder may actually occur.