DO NOT SIGN UNTIL YOU HAVE COMPLETELY READ THIS RELEASE IN ITS ENTIRETY |
|
AMERICAN IDOL SEASON 13 – PERSONAL RELEASE AND ABRITRATION PROVISIONS |
)n full and complete consideration of American )dol Productions, )nc. |
Producer possibly including me as a |
participant in Season 13 of the television series entitled AMER)CAN )DOL |
including, but not be limited to, the |
interview, audition, and elimination 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.
1. I grant to Producer and its successors, licensees and assigns, the irrevocable right, but not the obligation,
or without my k |
owledge, to film, tape and/or photograph, |
ord, exhibit, edit and otherwise use my |
appearance, name, like |
ess, voice, singing voice, c nversa |
, soun |
and biographical data on r in connection |
|
|
discretion, |
receive any compensation whatsoever. I agree that Producer is the sole owner of all results and proceeds of such |
with the Program in any manner in Producer’s sole election and |
which use shall not entitle me to |
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, on-line exploitation, and publishing, and in connection with the advertising (including at physical locations such as the American Idol Experience at Walt Disney World, and American Idol Cafes) , 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.
2. In addition to the rights granted elsewhere in this Release, I understand and agree that if my appearance,
name, likeness, voice, singing voice, conversation,biographicalsoundsdatand/orin thebiogProgram,aphical anddataatisProducer’sused in connelection, withto enterthe intoProgram,the followingI may beagreementsrequired, inwithconsiderationProducer and/orf Pr Producer’sposs blydesigneeincludings ,mytheappearance,terms of whichnamshalllikeness,be subjectvoice,to singing v ice, conversation, sounds and/o
good faith negotiation: (a) an agreement for the management of my career in the entertainment industry (including, but not limited to, my acting, singing, songwriting, or other services); (b) an agreement for my services as a recording artist and songwriter; (c) an agreement for my participation and performance on the American Idol
|
|
|
|
|
|
|
|
|
|
|
|
|
|
and agree that s |
uch |
agreements |
shall become fully effective only at the |
election |
of Producer and/or Producer’s |
designee(s), |
|
|
|
|
|
Live Tour, and (d) an |
for the use of my name, voice, conversation, like |
ess and biogr phy in connection |
with advertising, endors ments, merchandising, and/or spons rships, and |
-l ne content a tivities. I understand |
broadcast of the final episode of the Progr |
am for this Season 13 the |
Election |
Period |
, which Election Period is |
subject to change at Producer and/or Producer |
’s designee’s |
discretion. |
thr |
|
(3) months from the date of the initial |
|
which election shall occur on or before that date which |
|
3.I understand that if I am asked to audition for one (1) or more of the semi-final rounds of the competition (currently scheduled for November or December 2013), I will be required to demonstrate to the satisfaction of Producer prior to such participation that I am not a party to any agreement with a talent agent or manager; a
contractualurrent musicarrangementrecording contractwritten(eitheror oral alonethat, orin Producer’sas a membersoleofda group); a music publishing contract; a current agreement relating to the use of my name, voice and/or likeness; an exclusive acting contract; or any other
iscretion, would prohibit me from participating fully in the show, the American Idol Live Tour, and/or entering into any contracts required by Producer, including
willan notexclusiveenter into anymanagementsuch agreementcontract,s duringrecordingthe Electioncontract,Period, withoutm sicProducer’spublishingprior writtencontract,consentand. ) merchandising/endorsement contract. In add tion, I will be required to represent and war ant to Producer that I
acknowledge that Producer may require me to sign further documents as a condition of my participation in the Program.
Page 1 of 3
4.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.
|
|
|
|
|
|
me for example, music, |
choreography, |
photography, lyrics, |
clothing, |
etc., collectively called the Material , ) |
hereby grant to Producer and Producer’s design |
|
|
5. In the event I p |
form |
is lay any original material on e Program written or oth rwise controlled by |
ee, without charge, the rights necessary to perform and/or display the Material on the Program and the rights required to exploit the Program and the ancillary rights therein, inclusive of the Material, in any and all media now known or hereafter devised, and for any other purpose,
6. ) agree to follow all of Producer’s rules, directions and instructions in all matters relating to the Program, |
throughout the universe in perpetuity. |
|
|
|
|
’s sole discretion. ) will accept any and all |
decisions of Producer on discretionary matters (in luding but not |
|
which rules, directions and instructions are subject to change at Producer |
|
Produce |
agree that my selection to audition is within Producer’s sole discretion and that |
|
r is not obligated to grant |
|
|
|
|
limited to the au |
ition process and contest |
selection) as final and acknowledge that the interests of the Program shall overri |
those of any participant. I |
callba |
the |
Program is within Producer’s sole discretion and that |
ck, ) agree that my selection as a contestant for |
|
me an audition or callback, regardle s of my pl ce in |
|
audition line. In the event I am granted an audition or |
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.
7.If I am under 18 years of age, I understand and agree that my parent or legal guardian and I must sign each of the forms and that my parent or legal guardian and I will cooperate with Producer in having such forms court approved, if necessary. 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.
Broadcasting8. I herebyCompanyrelease, discharge,Network and, FoxholdDigitalharmlMedia,ss Producer,FremantleMediaits ass gnees,NorthlicensAmerica,es, agents,) and affiliates, Fox nc., 19 Entertainment
Ltd., 19 Entertainment, Inc. , 19 Touring, LLC. , 19 Recordings, Inc. and CORE Media Group Inc., 19 TV Limited., Universal Music Group, Telescope, Inc., AT&T Mobility, LLC, Coca-Cola, Ford Motor Company, any additional sponsors selected for Season 13, www.fox.com, www.americanidol.com, television broadcasting stations,
representativesadvertising agenciof eachs, andof theanyforegoingand all otherscollectively,connectedthe Releasedwith the Partiesrogram,, fromand anyeachandof alltheirliabilityrelatedor parentclaims companies, subsidi ries and/ affiliated companies, and the officer , directors, employees, agents and
arising out of or in any way resulting from my participation in the Program and the use or reuse of my appearance, name, voice, singing 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, singing 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 attorneys 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.
9.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.
and all10liability,. I agreeclaim,to defend,action,indedamage,nify andexpense,hold harmlessand loss ofProducerany kindandincludingeach of attorney’sthe other RfeesleasedcausedPartiesby orf omarisiany ng
out of use of any of the rights granted by me herein; my breach or alleged breach of any provision hereof or any statement, action or failure to act by me during or in connection with my participation in the Program; and my violation of any law, rule or regulation.
11. I affirm that neitherr Producer’sI nor anyoneundertakingscting forhereunderme gave. or) understandagr ed to givethatanythingProducer’sof valuepolicyto anyprohibitsmembersuchof the production staff, anyone associated a y manner with Pro ucer, or any repres ntative of any television
network or station fo
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.
12.I warrant that I have the full, complete and unrestricted right and authority to enter into this Release. If I am not at least 18 years of age, I agree to have my parent sign this Release in the space below. I am not a candidate for public office. 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.
13.MEDIATION & ARBITRATION; LIMITATION OF REMEDIES: BOTH PRODUCER, ON BEHALF OF ITSELF AND NETWORK, AND I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IF ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO MY APPEARANCE ON OR PARTICIPATION IN AND IN CONNECTION WITH THE PROGRAM AND/OR THIS AGREEMENT AND/OR ANY OTHER RELATED AGREEMENT CANNOT BE RESOLVED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO RESOLVE THE MATTERS BY MEDIATION CONDUCTED IN THE COUNTY OF LOS ANGELES AND ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES BEFORE COMMENCING ANY PROCEEDINGS PERMITTED UNDER THIS PARAGRAPH. IF ANY SUCH MATTER IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THEN THE PARTIES AGREE THAT IT SHALL BE RESOLVED BY BINDING CONFIDENTIAL ARBITRATION CONDUCTED IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, THROUGH ITS LOS ANGELES, CALIFORNIA OFFICE.
___________
Initials
14.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 and Network. I shall not directly or indirectly issue or permit the issuance of any publicity, including via social media channels, 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.
15.This is the complete and binding agreement between Producer and me, and it supersedes all prior understandings and/or communications, both oral and written, with respect to its subject matter. The invalidity or unenforceability of any provision of this agreement shall in no way affect the validity or enforceability of any of the remainder of this agreement, which shall be enforced to the maximum extent permitted by law. This agreement cannot be terminated, rescinded or amended, except by a written agreement signed by both Producer and me.
SIGNED: ______________________________________ DATE:_______________________________
PRINT NAME:__________________________ AUDITION CITY:________________________________
ADDRESS: ___________________________________________________________________________
PHONE NO:____________________________________DATE OF BIRTH*: ____________________
For verification purposes only pursuant to 18 U.S.C. §§ 2256 et seq.
E-MAIL: ____________________________________________________________________________
IF THE ABOVE INDIVIDUAL IS UNDER THE AGE OF 18 YEARS, THE PARENT
OR LEGAL GUARDIAN OF SUCH PERSON SHOULD ALSO SIGN BELOW.
IF THE PARENT OR LEGAL GUARDIAN IS NOT ACCOMPANYING THE MINOR TO THE REGISTRATION AND AUDITION PROCESS, THE PARENT OR LEGAL GUARDIAN’S SIGNATURE MUST BE NOTARIZED BELOW.
|
|
|
|
|
to Producer by Minor, and fully consents, approvesAgreementand agreesthe toMinorparticipation, |
of Minor in and in connection with the |
I hereby represent, warrant that I am |
the |
parent and/or legal guardian of ____________________________, the individual |
who signed the foregoing agreement |
) |
and am entitled to the sole and complete |
custody, care and control of said Minor, that I have read and understand the nature and extent of all rights granted
Program pursuant to the Agreement, that I have caused said Minor to execute said Agreement, that I will not instruct, authorize or permit said Minor to disaffirm the foregoing Agreement, and that I will indemnify and hold harmless
the Released Par ies (as defi ed in the Agreement) against all cl ims, liabilities and expenses with |
spect to said |
Agr ement |
|
|
to all of the |
provisions of |
Agreement. I agree that I will be responsible for the c duct and well-being of said Minor at all |
, and that, knowing of Producer’s reliance hereon, ) agree to cause said Minor to adhere |
|
times during said Minor’s participation in the Program, if any. )n addition, ) agree to cooperate with Producer in
having this Agreement and any past or future agreements entered into by the Minor in connection with the Program approved by the applicable court and I hereby waive notice and any opportunity to appear and be heard in connection with any such proceedings.
Furthermore, in consideration of Producer possibly including me and/or Minor in the Program, I hereby agree to be bound by and to perform all of the terms and conditions of the foregoing Agreement (including, without limitation, the provisions regarding release of all claims), as such terms and conditions may relate to my participation and/or the participation of the Minor in the Program, if any (including but not limited to the taping of
anymy appearanceevents relatedin ctonnthectiProgramn withwithoutthe ProgProducersam and theandauditionNetwork’sprocess,prior writtenthe use apof my name, voice, likeness, etc., in the Prog am) and my agreement not to disclose or discuss authorize any third Party to disclose or discuss,
proval.
SIGNED:___________________________________________ DATE:__________________________________
PRINT NAME:_______________________________________________________________________________
RELATIONSHIP TO MINOR:___________________________________________________________________
ADDRESS: __________________________________________________________________________________
PHONE NO:____________________________________E-MAIL:______________________________________
DATE OF BIRTH*: ____________________________________________________________________________
For verification purposes only pursuant to 18 U.S.C. §§ 2256 et seq.
PLEASE KEEP US ADVISED IN WRITING OF YOUR CURRENT CONTACT INFORMATION
SECTION BELOW TO BE NOTARIZED IF APPLICABLE
State of ______________________________)
County of _____________________________)
On _________________________ before me, _____________________________________________________________,
(insert name and title of the officer) personally appeared _______________________________________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
Page 5 of 3
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of _____________ that the foregoing
paragraph is true
and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Notarial Seal)
