Family Food Fight

APPLICATION RELEASE: *
This release is made to allow Lock and Key Productions (“Producer”) to consider the undersigned (“you”) as a potential participant in a television production which is currently entitled “Family Food Fight” (the "Program") intended for initial exhibition on the ABC Television Network owned by American Broadcasting Companies, Inc. (“Network”).  You represent and warrant that you are authorized to apply for consideration and make all representations, warranties, acknowledgements, consents, releases, and grant of rights for yourself and on behalf of each family member who desires to participate in the Program (each, a “Family Member” and collectively “Family”) the same as if they were making such themselves. You are giving this release in conjunction with the application you are submitting for the Program (“Application”) and in consideration for Producer to continue to consider you to potentially participate in the Program.  Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you understand, acknowledge and agree as follows:  

1.	If your Family is selected to participate in the Program you and your participating Family Members will need to be available for the production dates (to be determined by Producer) and be willing to travel to a location or locations designated by Producer in connection with production of the Program.

2.	Producer reserves the right to remove from the Program any person (including you, any Family Member and/or anyone who may appear with you on the Program) whom Producer determines, in Producer’s sole discretion, is sufficiently connected with the Program or any of the Releasees (as defined below) such that such person’s participation in the Program could create the appearance of impropriety.  Such decisions shall be final and are not subject to challenge or appeal. In the event a Family Member is determined to be ineligible for any reason, then the Family, as constituted, will be ineligible.

REPRESENTATIONS, WARRANTIES AND RELEASES:

You agree:

3.	If your Family is selected as potential participants for the Program, you shall execute waivers and release agreements, including, but not limited to, a background questionnaire, longer form participant agreement and other agreement(s) and/or document(s) as required by Producer or its licensees, successors or assigns.  

4.	You hereby give the following representations, warranties, acknowledgements, consents and releases: 

(a)	By signing below and submitting your Application, you hereby represent, warrant, acknowledge, and agree that: (i) you have read and you and, to the best of your knowledge, you and all Family Members meet and agree to be bound by the eligibility requirements set forth in the Application; (ii) you have completed the Application honestly and accurately; (iii) if any of the information in the Application and/or this Application Release is found to be false or incomplete, it will be grounds for dismissal from the participant selection process and/or from the Program (if selected); (iv) even if you and all Family Members meet the eligibility requirements, Producer has no obligation to interview you and/or select your Family as participants; (v) even if your Family are selected as participants, Producer has no obligation to produce the Program and/or select your Family, and Network has no obligation to exhibit the Program or your Family’s participation, even if produced; (vi) all decisions by Producer concerning selection of participants are final and not subject to challenge or appeal; and (vii) Producer has no obligation to return any Materials (as defined below) or any other material submitted by you or other Family Members as part of or otherwise in connection with the participant selection process (including without limitation, any Photographs and/or Video Submissions, as such terms are defined below) whether or not your Family is selected as participants, and Producer may, but is in no way obligated to, use any such materials in the Program or in the promotion, publicity, marketing, and merchandising thereof.  

(b)	You understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer or its licensees, successors or assigns, in their sole discretion.  You understand and agree that all participant selection decisions shall be final and binding on you in all respects, and shall not be subject to challenge or appeal by you, your heirs, successors, licensees, or assigns.  

(c)	By signing below and submitting the Application, you hereby consent to the recording, use and reuse by Producer, Network, each of their respective licensees, successors or assigns and each of their parent, subsidiary, related and affiliated companies, and the past, present and future officers, directors, agents, representatives, employees, successors, assigns and licensees of each of the foregoing, jointly and individually (hereinafter collectively referred to as the “Releasees”), of your name, voice, statements, actions, likeness (actual or simulated), sobriquet, appearance, biological and biographical information, and any information contained in, derived from or obtained in connection with the Application, as well as any audio-visual recordings and/or photographs of you taken during the participant selection process (collectively, “Recordings”) and any drawings or sketches created by you or any other  materials submitted by you (or that you may submit), including, but not limited to, photograph(s) (each a “Photograph”) and/or video(s) submitted by you or otherwise in connection with the Application (each, a “Video Submission”; and, collectively, with the Photographs and/or Video Submissions and/or any materials submitted by you, “Materials”) in connection with the Application, the participant selection process, and the Program, as edited, altered, or modified by the Releasees, in any and all media, whether now known or hereafter devised, throughout the universe, in perpetuity, including, without limitation, in and in connection with the development, production, distribution and/or exploitation of the Program and/or any other production, and the advertising, promotion, publicity, marketing, and merchandising thereof, without any compensation whatsoever.  The Recordings are and shall be deemed to be “works-made-for-hire” specially ordered or commissioned by Producer pursuant to the United States Copyright Act.  Accordingly, Producer is and shall be considered the author and, at all stages of completion, the sole and exclusive owner of the Recordings and all right, title and interest therein.  If any of such Recordings are not deemed “works-made-for-hire,” you hereby irrevocably assign to Producer the entire copyright and all other rights in and to such Recordings (and where any such Recordings are not in existence at the date hereof, by way of present assignment of future copyright), throughout the universe for the full period of copyright and all renewals and extensions thereof, and thereafter for the maximum period permitted by law.  You agree that the Releasees may use all or any part of the Recordings and/or the Materials, including in any and all promotions, marketing, commercial tie-ins, advertising or publicity for the Program and/or for Producer or Network, and may alter or modify such Recordings and/or the Materials regardless of whether or not you are recognizable.  
I hereby grant Producer the right to use and license others to use my name, voice, image, likeness and biographical information in and in connection with the Recordings, 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, Network, 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.

(d)	By signing below and submitting the Application, you warrant and represent that each of your Family Members and anyone else appearing in any Materials (including, without limitation, yourself) and anyone who may have taken such Photograph(s) and/or shot such Video Submission(s) (including, without limitation, yourself) and/or rendered services for the same agrees that such Materials may be used, as edited, altered, or modified by the Releasees, in any and all media, whether now known or hereafter devised, throughout the universe, in perpetuity, including, without limitation, in and in connection with the development, production, distribution, exhibition and/or exploitation of the Program, and the advertising, promotion, publicity, marketing, and merchandising thereof, without any compensation whatsoever.  You further warrant and represent that you have all rights, licenses, permissions and consents necessary to submit the Materials and to grant all of the rights that you have granted to Producer herein, and that you have obtained written permission when taking any Photograph(s) and/or recording each and every part of the Video Submission(s) on private property not owned or controlled by you, where such permission is required.  You further agree that Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights and extensions and renewals thereof) in and to any such Materials.  

(e)	Without in any way limiting the foregoing, if you perform or include any music (other than music supplied to you by Producer) in connection with this Application or your participation in the Program (if at all), you represent and warrant that you own all rights to such music (“Music”), including, without limitation, the copyright and all renewals and extensions thereof, and you grant Producer the right to record, reproduce and publicly perform the Music in and in connection with the Program.  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, Network or their respective licensees, successors or assigns for the use of the Music, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties. 

(f)	You hereby authorize Producer to investigate, access and collect information about you, about any of the statements made by you in the Application, any supporting documents and any other document that you submit, have signed or do sign 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 to secure information about 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 you.  You hereby unconditionally and irrevocably release and forever discharge all such parties and persons, as well as the Releasees, from any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees) arising out of or in connection with any such investigation.  You specifically authorize the 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/or consumer report(s).  You acknowledge and agree that any such information obtained by Producer pursuant to this paragraph or otherwise may be used for purposes of selecting participants for the Program, and may be described or otherwise relayed in and in connection with the Program, any another program, and/or any advertising, promotion or publicity therefor.

(g)	You hereby authorize Producer and any person or entity designated by Producer to conduct psychological and physical examinations of you as required by Producer, in Producer’s sole discretion to the maximum extent permitted by law.  You 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.  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.

(h)	 You grant the rights hereunder and are making the covenants, agreements, waivers, releases and indemnities herein whether or not you are selected as a participant in the Program.  You understand that you will not be paid any money for giving the Releasees these rights or for signing and submitting the Application. You voluntarily accept and assume any and all risk as to any damages or injury, including personal or property damage or injury, occurring directly or indirectly as a result of the participant casting application process and your participation therein, and the disclosure or use of any of the Materials.

(i)	You agree to take any further action, in writing (including, without limitation, execution of affidavits and/or other documents), reasonably required by Producer to effect, perfect or confirm Producer’s or its licensees, successors or assigns rights in the Recordings, the Materials and/or the Music, including, without limitation, the rights to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit the Recordings, the Materials and/or the Music in perpetuity and throughout the universe, in any manner or medium, whether now existing or hereafter developed, without separate compensation to you or any other person or entity.  

(j)	By signing below and submitting the Application, you hereby release each of the Releasees and each of their respective parent, subsidiary and affiliated companies; all other persons and entities connected with the development, production and exploitation of the Program; and the respective officers, directors, agents, representatives, employees, successors, assignees, and licensees of each of the foregoing from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your Application, your potential participation in or in connection with the Program or the use of the Recordings, the Materials and/or the Music, including, without limitation, your participation in the participant selection process of the Program, any travel for or in connection with the Program, any exploitation of the Program or your appearance on the Program or in the Recordings, the Materials and/or the Music, or the exercise by Producer of any rights granted by you herein, on any legal theory whatsoever (including, but not limited to, personal injury, rights of privacy and publicity, false light, and defamation) (the “Released Claims”).  The Released Claims specifically include, without limitation, any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees) of any kind resulting from the actions of another participant or any other third party at any time. 

(k)	 You hereby acknowledge that there is a possibility that subsequent to your execution and submission of your Application, you may discover facts or incur or suffer claims which were unknown or unsuspected at the time your Application was executed and submitted, and which if known by you at that time may have materially affected your decision to execute and submit your Application.  You hereby acknowledge and agree that by reason of your Application and the release contained in the preceding paragraph, you are assuming any risk of such unknown facts and such unknown and unsuspected claims.  You 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.

(l)	You agree to defend, indemnify and hold harmless each of the Releasees from and against any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees) that in any way arise out of or result from (i) your breach of any representations, warranties, or covenants made by you in your Application; (ii) your acts, statements or omissions in and in connection with your Application and/or your participation in the Program; and (iii) use of any of the rights granted by you herein (including, without limitation, the Materials).

10.	As used herein, “Producer” shall include Lock and Key Productions, its parent, subsidiaries, affililiates, 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 the Application and all rights granted by you hereunder to any person or entity.  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.

11.	MEDIATION & ARBITRATION.  Both Producer, on behalf of itself and Network, and I 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 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 AN ARBITRATOR EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN CALIFORNIA OR A RETIRED JUDGE.  ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES.  I AGREE THAT THE REMEDY FOR ANY CLAIM BROUGHT AGAINST ANY OF THE RELEASEES PURSUANT TO THIS APPLICATION SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL I 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 YOU OF PRODUCER’S AND/OR ITS LICENSEES, SUCCESSORS OR ASSIGNS INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER AND/OR ITS LICENSEES, SUCCESSORS OR ASSIGNS IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, YOU AGREE THAT PRODUCER AND/OR ITS LICENSEES, SUCCESSORS OR ASSIGNS SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT.

12.	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, Network or their respective licensees, successors or assigns, the creative or business affairs of Producer and/or Network, any program produced by Producer and/or exhibited Network or Producer’s licensees, successors or assigns, including, without limitation, any information concerning or relating to the Program, the Program’s applicants, the participants, the location(s) of the Program, the events contained in the Program, and/or the outcome of any contest in or 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 “Confidential Information”).  You acknowledge and agree that the Confidential Information are confidential and the exclusive property of Producer, Network or their respective licensees, successors or assigns.  At no time will you ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Confidential Information.

13.	This Application shall be interpreted under the internal, substantive laws of the State of California without regard to the conflicts of law provisions thereof.  To the extent that the arbitration provisions of this Application are not enforced or court proceedings are otherwise required, commenced or maintained, the parties submit to the in personam jurisdiction of the Los Angeles County Superior Courts and the United States District Court for the Central District of California, and waive any objections that they may have as to jurisdiction or venue in any such courts.  

By signing below and submitting the Application, you hereby acknowledge that you have read, understand, and agree to be bound by all of the terms and conditions of the foregoing and that all information provided in your Application is true and complete.