Squeaky Clean

ELIGIBILITY REQUIREMENTS AND RELEASES *
ELIGIBILITY REQUIREMENTS AND RELEASES

A.	Eligibility Requirements.  You acknowledge that you must meet the following eligibility requirements to be considered for the program currently entitled “Squeaky Clean” (the “Program”), and you represent and warrant that you meet each of the following requirements: 

1)	You must be at least 18 years old and the age of majority in your state of residence as of the application deadline.

2)	You must be a legal resident of the United States.

3)	You may never have been convicted of a felony nor ever had a restraining order entered against you.

4)	You must not be a candidate for public office and must agree not to become one until after one (1) year after the initial exhibition of the final episode of the Program in which you appear, if selected as a contestant.

5)	 Neither you nor any member of your immediate family (i.e. spouse, mother, father, daughter, son, sister or brother, or “step” relatives) nor anyone living in your household (whether related to you or not) is, nor has been within the last twelve (12) months an employee, officer or director of any of the following:

(i)	Authentic Entertainment, LLC (“Producer”) its licensees, assigns, parents, or affiliated or subsidiary companies, or any person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof;
(ii)	The distributing platform (“Distributor”), any platform owned or operated by Distributor, and each of their respective parent, subsidiary, affiliated or related entities;
(iii)	Any known, major sponsor of the Program; or
(iv)	Any person or entity supplying services or prizes to the Program.

6) 	If you know anyone who is currently, or who has been within the past two (2) years, an employee of any of the entities listed above, you must indicate such relationships in your application to participate in the Program.

Please list any such relationships here; if none, write “None.”  

You understand and agree that Producer has the sole discretion to make determinations of contestant eligibility, and that Producer reserves the right to change any of the contestant eligibility requirements at any time.

You further understand and agree that Producer reserves the right at any time to render ineligible any person who Producer determines, in its sole discretion, is sufficiently connected with the production, administration or distribution of the Program such that his or her participation in the Program would create the appearance of impropriety.

B.	Conditions for Participation:

1)	If you are selected as a potential contestant you must execute waivers, health and medical releases, authorizations, release agreements, and other documents required by Producer or any of its licensees, successors or assigns.

2)	You will need to be available to the production during Summer of 2020 (dates to be determined, and are subject to change, in Producer’s sole discretion), potentially for non-consecutive days.

3)	At Producer’s request, you must agree to undergo a background check and/or psychological examinations to be conducted by medical professionals selected by and paid for by the Producer.    You must be willing to submit personal information to Producer, and you must be willing to submit to a psychological examination and background check.

4)	You agree that you must abide by all applicable federal, state, and local laws, regulations and ordinances during the application process and, if selected, during your participation in the Program.

5)	Any statements made by you in or in connection with the application, casting, and selection process are, and will be true, and your statements or actions in connection with your application and the selection process will not violate or infringe upon the rights of any third party including, without limitation, rights of privacy or intellectual property rights, constitute a libel or slander of any third party, or breach any obligation of confidentiality that you may have to any third party.

C.	Consents and Releases.  In exchange for Producer’s consideration of you as a contestant in the Program, you hereby give the following representations, warranties, acknowledgements, consents and releases:

1)	You desire to voluntarily participate in interviews and auditions for the Program and, if selected, in the Program (collectively, the “Activity”).  In connection with your participation in the Activity (including, without limitation, in the Program, if selected), and by signing below, you hereby represent, warrant, acknowledge, and agree that: (i) you have read, and you meet and agree to be bound by the eligibility requirements; (ii) you have completed this Application & Release honestly and accurately; (iii) if any of the information in this Application & Release is found to be false or incomplete, this will be grounds for dismissal from the Program contestant selection process, and/or from the Program contest (if any), if selected, in Producer’s sole discretion; (iv) even if you meet the eligibility requirements, Producer has no obligation to further contact you, to interview you, and/or select you as a contestant; (v) even if you are selected as a contestant, Producer has no obligation to conduct the Program contest (if any), use any of the rights irrevocably granted by you herein, or produce the Program, and Distributor has no obligation to exhibit it or your appearance therein, even if produced; (vi) all decisions by Producer concerning selection of the contestants are final and not subject to challenge or appeal; (vii) Producer has no obligation to return any materials submitted by you as part of the Application & Release whether or not you are selected as a contestant; (viii) you are in good health, and you have no mental, physical or emotional condition that might interfere with your engaging in the Activity (including, without limitation, in the Program, if selected); (ix) you are not under the influence of any medication, drugs or other substance that might impair your physical or mental ability to engage in the Activity (including, without limitation, in the Program, if selected) or that might impair your judgment while engaging in the Activity (including, without limitation, in the Program, if selected); (x) you will follow all rules made and directions given by Producer and its representatives in connection with the Activity (including, without limitation, the Program, if selected); and (xi) you agree to keep strictly confidential all information about the Activity (including, without limitation, the Program) that you acquire during the contestant selection process and/or your participation in the Activity (including, without limitation, in the Program, if selected).  

2)	By submitting this Application & Release, you hereby consent to the recording, use and reuse by Producer, Distributor, and any of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representatives, officers and directors (collectively, “Releasees”) of your voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with your application to be a contestant in the Program or in any materials submitted by you in connection with your application (collectively “Likeness”), as edited, altered, or modified by the Producer or by any of the other Releasees, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. You agree that the Releasees or any of them may use all or any part of your Likeness, and may alter or modify it regardless of whether or not you are recognizable.  You further agree that the Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all photographs and recordings made by them (including via Skype, Facetime or other similar digital recording method) and in and to any and all video that you have provided in connection with your application and any other materials that you have provided or may provide in connection with your application or the Program (collectively, the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and your Likeness in any and all media now known or hereafter devised worldwide, in perpetuity.  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 your application or the Program, you represent and warrant that you own all rights to such music, and you grant Producer the right to record, reproduce and publicly perform any such music in and in connection with the Program or any other work.  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 and Distributor for the use of any such music, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties.  You further agree that Releasees may use your Likeness and the Materials in and in connection with any promotion, publicity, marketing or advertisement (including, without limitation, commercial tie-ins) and/or for the institutional purposes of Producer or Distributor.  You grant the rights hereunder whether or not you are selected to participate in the Program in any manner whatsoever.  You understand that you will not be paid any money for giving Releasees these rights or for signing this Application & Release. 

3)	You understand that it may be a federal offense, unless disclosed to Producer prior to the exhibition of the Program, if any, to do any of the following: (i) give or agree to give any member of the production staff and anyone associated in any manner with the Program or any representative of Producer any portion of your compensation or anything else of value to arrange your appearance in the Program, or (ii) accept or agree to accept anything of value to promote any product, service or venture on the air or to use any prepared material containing such a promotion. You represent and warrant that you gave nothing of value nor did you agree to give anything of value to anyone so you could be in the Program. You know that Producer does not permit it and that it may be a federal offense not to tell Producer if you had. You shall notify Producer and the network on which the Program will air immediately if any person attempts or has attempted to induce you to do anything in violation of the foregoing or which is in any way dishonest.

4)	You hereby authorize Producer and any person or entity designated by Producer to investigate, access and collect information about you, about any of the statements made by you in your application, this Agreement, any supporting documents and any other documents that you have signed or provided or do sign or provide in connection with your application to be selected as a contestant in the Program, or any other written or oral statements you make in connection therewith.  You irrevocably authorize Producer and any person or entity designated by Producer to secure information about you and 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 Producer, the persons or entities designated by Producer, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation.  You specifically authorize 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 consumer report(s). 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 contestants 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, in and in connection with another program, and in and in connection with any advertising, promotion or publicity for the Program.

5)	You understand that the contestant selection process will involve subjective decisions made by Producer in its sole discretion.  You understand and agree that all contestant selection and elimination decisions shall be final and binding on you in all respects, and shall not be subject to challenge or appeal.  

6)	You further acknowledge and agree that Producer reserves the right to consider and select contestants who are not able to attend an open casting call and/or who may have applied previously or subsequently to you and that Producer shall have sole discretion and control over every aspect of selecting contestants, and Producer’s decisions on all matters related to selecting contestants shall be final and binding and not subject to challenge or appeal.

7)	RELEASE AND AGREEMENT NOT TO SUE.  Your participation in the Activity (including, without limitation, in the Program, if selected) is at your own risk. On behalf of you, your heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (collectively, the “Releasing Parties”), you, to the maximum extent permitted by law, release and discharge unconditionally and irrevocably Releasees from and against any and all claims, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden arising out of or in connection with your application to participate in the Program; your participation or appearance in or removal from the Activity (including, without limitation, your participation or appearance in or removal from the Program, if selected); the activities associated with the Activity (including, without limitation, the Program); any actions of you or Producer in connection with that application or participation (including any investigation conducted by Producer in connection with that application, whether as specifically authorized under this release or otherwise); Producer’s selection or failure to select you as a contestant; or any Releasees’ use or non-use of any of the rights granted by you herein, including, without limitation, the Releasees’ recording and/or use or failure to use the Materials or your name, voice or likeness in any manner, or any exploitation of the Program, your Likeness or the Materials (all of the foregoing collectively referred to as the “Released Claims”). The Released Claims include, without limitation, claims for any injury, illness, damage, loss or harm to person or property, whether based on negligence, wrongful death, personal injury, infliction of emotional distress, products liability, trespass, breach of contract, breach of any statutory or other duty of care owed under applicable laws, negligent or intentional infliction of emotional distress, libel, slander, defamation, false light, false imprisonment, invasion of privacy, publicity or personality, infringement of copyright or trademark or loss of earnings or potential earnings.  Further, to the maximum extent permitted by law, you agree not to sue Releasees as a result of the recording or use of your Likeness and/or the Materials (including, without limitation, any claim that such use defames you or invades any right of privacy and/or publicity) or for any reason based on any of the Released Claims hereunder.

8)	You and the other Releasing Parties acknowledge that there is a possibility that subsequent to the execution of this release, you or they will discover facts or incur or suffer claims that were unknown or unsuspected at the time this release was executed, and which if known by you at that time may have materially affected your decision to execute this release. You and the other Releasing Parties acknowledge and agree that by reason of this release, you and the other Releasing Parties are assuming any risk of the existence of such unknown facts and such unknown and unsuspected claims. You and the other Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code, which provides: 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY .

Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. You and the other Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect of any jurisdiction throughout the world, and acknowledge and agree that this waiver is an essential and material term of this release.

9)	CONFIDENTIALITY.  Whether or not you are selected to be a contestant on the Program, you shall keep in strictest confidence and shall not disclose to any other applicant, contestant 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 or to Distributor, the business of Producer or Distributor, any program produced by Producer and/or exhibited by Distributor, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program contestants, the location(s) of the Program, the events contained in the Program, or the outcome of any 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 contestant on the Program or (if you are selected to be a contestant) as the result of your experiences as a contestant on the Program (collectively, the “Information and Materials”).  You acknowledge and agree that the Information and Materials are confidential and the exclusive property of Producer and/or Distributor.  At no time will you ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Information and Materials.  You acknowledge and agree that your obligations with respect to confidentiality set forth in this Application & Release shall continue in perpetuity or until terminated by Distributor by giving you written notice of termination.  In no event will you have the right to terminate your confidentiality obligations under this Application & Release. You acknowledge that in the event you breach the confidentiality or any other provisions of this Application & Release, your breach may, in the sole discretion of Producer and/or Distributor, result in you being disqualified to participate as a contestant in the Program.  You further acknowledge that a breach by you of any of the confidentiality provisions of this Application & Release would cause Producer and Distributor irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, you hereby expressly agree that Producer and Distributor shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of any of the confidentiality provisions of this Application & Release by you.     

10)	As used herein, “Producer” shall include Authentic Entertainment, LLC, its designees, affiliated entities, 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 this Application & Release and all rights granted by you under this Application & Release to any person or entity. 

11)	CHOICE OF LAW.  This Application & Release shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof.

12)	MEDIATION & ARBITRATION.  Both you and Producer, on behalf of itself and Distributor, agree that if any controversy or claim arising out of or relating to this Application & Release 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 licensed to practice law in LOS ANGELES, CALIFORNIA  AND BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY.  All proceedings brought pursuant to this paragraph will be conducted in the city of LOS ANGELES, CALIFORNIA.  You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.  THE PARTIES AGREE THAT THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS APPLICATION & RELEASE SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THIS APPLICATION & RELEASE 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 & RELEASE, OR ANY INFRINGEMENT BY YOU OF PRODUCER’S OR DISTRIBUTOR’S INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER AND DISTRIBUTOR IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, YOU AGREE THAT PRODUCER AND DISTRIBUTOR SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT.  

13) PRIVACY NOTICE. To learn more about how Producer collects and uses your personal information in connection with this production, refer to Producer’s Privacy Notice at https://www.authentictv.com/casting-privacy-policy/.

14)	SEVERABILITY.  The illegality, invalidity or unenforceability of any provision of this Application & Release shall in no way affect the validity or enforceability of any of the remainder of this Application & Release, which shall be enforced to the maximum extent permitted by law.