|WAIVER - TERMS AND CONDITIONS
1. I represent and warrant that I:
(a) have answered and will answer all questions posed to the Participant as part of the application process honestly, accurately and to the best of my ability and knowledge;
(b) am between the ages of twelve (12) as of June 1st, 2011 and not older than fourteen (14) as of December 31st, 2011.
(c) am a Canadian citizen, permanent resident of Canada or Aboriginal who permanently resides within the territorial boundaries of Canada;
(d) am not an employee of, nor do I live with an employee of, the Producer, Corus Entertainment (“Corus”) or any person or entity connected with the production, administration or judging of the auditions or the Program, or any of their respective parent companies, affiliates, subsidiaries, agents or representatives.
(e) do not have a criminal record or pending criminal charges that relate to a crime of moral turpitude that may reflect poorly on the Program or jeopardize the safety of any of the Participants of the Program.
2. I acknowledge and agree that:
(a) am willing and able to leave my family for all of the production periods of the Game being from end of June 2011 until the end of August 2011 and acknowledge that I may be eliminated from the Game prior to the end of the above mentioned periods;
(b) That the Producer has no obligation to interview me and/or select me as a Participant;
(c) All decision by the Producer concerning the selection of participants and other matters is final and not subject to challenge or appeal; and
(d) If any information provided by me is found to be false or incomplete, this will be grounds for dismissal from the selection process and/or the Program.
3. I agree to notify the Producer immediately of any criminal charges brought against me after the date I execute this Release up to and including the date of the first broadcast of my final appearance on the Program.
4. I acknowledge that the Producer reserves the right to render ineligible any person who Producer determines, in its sole discretion, is sufficiently connected with the production, administration, distribution, or exploitation of the Program such that his/her participation in the Program could create the appearance of impropriety.
5. I am not currently, nor have I ever been, a member of any actor’s union.
6. I agree to abide by the rules, regulations, terms and conditions (the “Rules”) of the Program as created from time to time by the Producer and as posted on the Program website or made available to the Participant and accept the decisions of the Producer as final and binding in all matters related to the Program and the Rules. I acknowledge that the interests of the Game and the Program shall override those of any applicant.
7. I understand and agree that any materials that I give to Producer (including without limitation, any photographs and videos submitted) shall not be returned and shall remain the sole property of Producer and I warrant and represent that I have secured the rights of any third party with interest, including, without limitation, copyright in the materials. I further understand and agree that even if I am not selected for any further consideration as a possible Participant on the Program, Producer shall nevertheless have the right to exercise any and all rights granted by me throughout the world and in any form of media whatsoever, pursuant to this Release, including without limitation, use of my name and voice (together and separately), likeness, appearance, biographical information, any information or materials provided by me to Producer, the recording of my participation in the Program, and any motion or still pictures of me.
8. I acknowledge that the Producer intends on producing an episodic television series of the Program for broadcast, exhibition, distribution and exploitation in all media through all devices (whether now known or later created). The series will be produced in a manner, style and format as determined by the Producer in its sole discretion, and is tentatively scheduled to commence broadcasting in 2011 schedule, but is subject to change and/or cancellation at any time by the Producer at no liability to me. The Producer has no obligation to include me in the broadcast of the Program or to produce or exploit the Program. I acknowledge that in the event the Program is cancelled at any time, that the Game will not proceed and I may lose any opportunity to participate in any and all aspects of the Game, and I hereby release and forever discharge the Producer, Corus and all others associated with the Game and the Program and their respective officers, directors, employees, affiliates, subsidiaries, representatives or agents from any liability in this regard.
9. I represent that I have not, and agree that I will not exploit for my personal gain any aspect of my participation in the Program, commercially or otherwise. For greater certainty, I have not and will not enter into any commercial or other sponsorship agreement or arrangement with any person, firm or company in respect of my appearance in the Program or which would otherwise prevent my participation in the Program or the broadcast, promotion, exploitation or sponsorship thereof.
10. I hereby grant and assign irrevocably to the Producer (including present assignment of future copyright), throughout the universe and for the full term of copyright and thereafter insofar as is possible in perpetuity, the entire copyright and all other rights (whether now existing or in the future devices) in and to my audition and contribution to the Program, including without limitation, any item included on my application, my audition, participation, presentation, any work I create or participate in, any comments ascribed to me (whether as part of the Game or any publicity) and any incidental inclusion of my likeness howsoever caused, such that the Producer shall be entitled to use and exploit and license others to use and exploit such contribution, in whole or in part, by all means and in all media and formats whether now known or hereafter devised. I acknowledge that Producer has the exclusive right to authorize, prohibit and control the rental, lending, fixation, reproduction and other exploitation of the Program and my contribution therein. Furthermore I irrevocably and unconditionally waive any and all moral rights, including without limitation, the rights of integrity, attribution and association, and grant any additional rights under the Canadian Copyright Act (and any amendment to re-enactment thereof) and under all similar laws in any part of the world that may create rights in my appearance on the Program to enable the Producer to make fullest use of the Program without restriction.
11. Without limiting the foregoing in any way, the Producer shall be entitled:
(a) to edit, alter, adapt, modify, dub, add to and/or delete material in respect of the Program, my contribution therein and thereto, and/or the recordings of my contribution to the Program; to juxtapose any part of my contribution, the recordings of my contribution to the Program and the Program with any other work; to change the sequence of events and to make any other changes that Producer deems appropriate in its sole discretion; to include my contribution to the Program with the contribution and/or participation/presentation of others, and with sound effects, special effects and music; to dub my voice in any language; and, to incorporate my contribution into the Program or not;
(b) to use, broadcast, exhibit, distribute, advertise or otherwise exploit by such means and for such purposes (including without limitation merchandising, and commercial and non-commercial publishing) and in any and all media, by any method now known or hereafter devised, as the Producer designates throughout the universe in perpetuity, at any time and from time to time, whether as part of the Program or otherwise, any of my contribution(s) to the Program.
(c) to include, or choose not to include, my name, likeness, photograph, caricature, voice and biographical material and recordings of any pre-interviews and/or interviews with me separately from or in conjunction with the Program in connection with the production, exhibition, advertising, merchandising and other exploitation of the Program or any version thereof whatsoever, or any other program, and all subsidiary and ancillary rights therein, Producer’s business activities and the business activities of the networks, stations, sponsors, and other users and exhibitors of the Program for any purpose. I agree that any telecast or other exploitation of the Program or any version thereof whatsoever, or any other program in which I or my likeness appear will not entitle me to receive any additional prize, benefit, monies or gift. I further grant to the Producer the right to print, publish, broadcast and use my name, likeness, photograph, caricature, voice and biographical material on a worldwide basis in any media now known or hereafter developed, including, but not limited to, the World Wide Web, at any time(s), for news, information and/or advertising and promotional purposes without compensation or review.
12. I acknowledge that no fees, royalties, residuals or other consideration will be payable to me in respect of any broadcast, subsequent rebroadcast or retransmission or any other use by the Producer (or any assignees or licensees) of the Program or any part thereof.
13. I unconditionally release, discharge and forever hold harmless the Producer, Corus or any person or entity connected with the production, administration or judging of the auditions or the Program, or any of their respective parent companies, affiliates, subsidiaries, agents or representatives, and the officers, directors, agents, and employees of each from any and all liability with respect to or in any way arising from the Game and/or the Program; participation in any Game and/or Program-related activity; and/or delivery/misdelivery, acceptance, possession, use, or misuse of a prize, including, but not limited to, liability for personal injury, invasion of privacy, libel, defamation, infringement of copyright, or any damage or loss of any kind.
14. I further unconditionally release, discharge and forever hold harmless, the Producer, Corus or any person or entity connected with the production, administration or judging of any phases of the Program, or any of their respective officers or directors, parent companies, affiliates, subsidiaries, agents or representatives, from any and all liability with respect to any injuries, loss or damages caused by: (i) the administration (including scheduling) of the auditions including any failure of transportation or inability for any reason to appear at an audition site or before the judging panels; (ii) my or any third party’s participation in the auditioning process, or being selected or disqualified; (iii) the decisions of the judges, Producers or voting public; (iv) any printing, typographical or technological errors in any materials associated with the Game; or, (v) the broadcast of the Program.
15. I agree that if I am chosen as a participant in the Program, I will not disclose to any third party (other than my professional advisors) any information relating to the Program or the affairs of the Producer (or any assigned company) that may come to my knowledge during or in connection with my participation in the Game and/or Program. Further, any breach or alleged breach shall constitute grounds for my dismissal from the Game selection process and from the Game and/or Program, if selected.
16. The Producer may assign my services and all other rights in my contribution to and participation in the Program to any of its subsidiary or associated companies or successors in title and to any other third party.
17. I agree that upon request of the Producer, I will execute any and all such further releases as may be necessary to continue to advance in the Program.
18. The Courts of Ontario shall have sole jurisdiction in relation to the terms and conditions of the agreement contained in this release which shall be interpreted according to the laws of Ontario and the laws of Canada applicable therein, without regards to conflict of laws.