DO NOT SUBMIT A REGISTRATION APPLICATION UNTIL YOU HAVE COMPLETELY READ THIS RELEASE IN ITS ENTIRETY
In full and complete consideration of SocialNetwork.com, Inc. (”EVENT ORGANIZER”) possibly including me as a participant in “FashionFest” including, but not limited to, the interview, audition, selection, competition, and elimination processes (the “Program”), and without any further consideration due from EVENT ORGANIZER or any third party to me, and with the understanding that EVENT ORGANIZER, 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.
I grant to EVENT ORGANIZER and its successors, licensees and assigns, the irrevocable right, but not the obligation, with or without my knowledge, to film, tape and/or photograph, record, exhibit, edit and otherwise use my appearance, name, likeness, voice, conversation, sounds and biographical data on or in connection with the Program in any manner in EVENT ORGANIZER’s sole election and discretion, which use shall not entitle me to receive any compensation whatsoever.
I also grant to EVENT ORGANIZER and its successors, licensees and assigns, the irrevocable right, but not the obligation, with or without my knowledge, to utilize any film, tape, photograph, or record that I create in connection with the Program and to exhibit, edit or otherwise use any of the foregoing in any manner in EVENT ORGANIZER’s sole election and discretion, which use shall not entitle me to receive any compensation whatsoever.
I agree that EVENT ORGANIZER is the sole owner of all results and proceeds resulting from the materials identified in paragraphs 1 and 2, above, including my appearance therein and including, without limitation, “works made for hire” as part of a motion picture or audiovisual work under U.S. copyright law, with the right for EVENT ORGANIZER 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, sale, promotion, publicity, marketing, merchandising, 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. EVENT ORGANIZER shall also have the unrestricted right to edit the content of the Program in any manner or form.
I understand that if I am asked to participate in the competition (currently scheduled to begin in June 2014), I will be required to demonstrate to the satisfaction of EVENT ORGANIZER prior to such participation that I am not a party to any contractual arrangement (written or oral) that, in EVENT ORGANIZER’s sole discretion, would prohibit me from participating fully in the Program. I also understand that if I am a party to a contract for talent representation (for example, a talent agent or manager), I must be able to demonstrate to the satisfaction of EVENT ORGANIZER the following: the talent representative has signed a waiver of management or agency rights lasting the entire duration of my participation in the competition through and including the finale and extending to any subsequent publicity relating to the Program, for management, any recording in connection with the prize of the Program (if my talent representative is also my Parent/Guardian, the talent representative must still sign the waiver of management rights). EVENT ORGANIZER will provide me with the form waiver to be signed by my manager and/or agent. In addition, I will be required to represent and warrant to EVENT ORGANIZER that I will not enter into any such talent representation or talent management agreement(s) prior to completion of the Program without EVENT ORGANIZER’s prior written consent. I acknowledge that EVENT ORGANIZER may require me to sign further documents as a condition of my participation in the Program.
I understand that I may reveal, and other parties may reveal, information about me that is of a personal, private, embarrassing or unfavorable nature. I further understand that my appearance in the Program may be embarrassing or of an otherwise unfavorable nature. I acknowledge and agree that EVENT ORGANIZER shall have the right to (a) include any or all such information and appearances in the Program as edited by EVENT ORGANIZER in its sole discretion, and (b) broadcast and otherwise exploit the Program containing any or all such information and appearances in any manner whatsoever in any and all media now known or hereafter devised, or for any other purpose, throughout the universe in perpetuity.
I agree to follow all of EVENT ORGANIZER’s rules, directions and instructions in all matters relating to the Program, which rules, directions and instructions are subject to change at EVENT ORGANIZER’s sole discretion. I will accept any and all decisions of EVENT ORGANIZER on discretionary matters (including but not limited to the audition, contestant selection, competition, and elimination process) as final and acknowledge that the interests of the Program shall override those of any participant. I agree that my selection to audition is within EVENT ORGANIZER’s sole discretion and that EVENT ORGANIZER is not obligated to grant me an audition or callback. In the event I am granted an audition or callback, I agree that my selection as a contestant for the Program is within EVENT ORGANIZER’s sole discretion and that EVENT ORGANIZER is not obligated to select me. I acknowledge that EVENT ORGANIZER reserves the right, exercisable at any time in its sole discretion, to exclude and/or disqualify me from the Program should I at any stage supply untruthful, inaccurate or misleading personal information, omit any material information, fail to abide by the rules or regulations of the Program, engage in offensive or dangerous behavior, or for any other reason or for no reason at all. If I am selected, I agree that EVENT ORGANIZER is not obligated to have me appear on, or to broadcast my appearance on, the Program and may exclude and/or disqualify me at any time in its sole discretion.
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 EVENT ORGANIZER in having such forms court approved, if necessary. I recognize that EVENT ORGANIZER is relying on my representations herein and that a breach by me hereunder would cause EVENT ORGANIZER 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 EVENT ORGANIZER 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 EVENT ORGANIZER, its assignees, licensees, agents (including hair stylists, makeup artists, designers, photographers, volunteers, judges, mentors or other participants in the Program) and affiliates, any sponsors selected for FashionFest, SocialNetwork.com, fashionfest.socialnetwork.com, television broadcasting stations, advertising agencies, and any and all others connected with the Program, and each of their related parent companies, subsidiaries and/or affiliated companies, and the officers, directors, employees, agents and representatives of each of the foregoing (collectively, the “Released Parties”), from any and all liability or claims arising out of or in any way resulting from my auditioning for and/or participation in the Program and the use or reuse of my appearance, name, voice, likeness and/or biographical information and I agree not to make any claim against EVENT ORGANIZER or the Released Parties as a result of my auditioning for and/or participation in the Program and in connection with any use or reuse of my appearance, name, 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 EVENT ORGANIZER and the other Released Parties and to hold each of them harmless from any and all liability, claim, action, damage, expense (including attorney’s fees), and loss of any kind caused by or arising out of any statement, action or failure to act by during or in connection with my auditioning for and/or 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.
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 or 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 agree to hold harmless EVENT ORGANIZER and each of the other Released Parties from any and all liability, claim, action, damage, expense, and loss of any kind (including attorney’s fees) accused by or arising 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.
I affirm that neither I nor anyone acting for me gave or agreed to give anything of value to EVENT ORGANIZER or anyone associated in any manner with EVENT ORGANIZER. I understand that EVENT ORGANIZER’s policy prohibits such payments, and I further understand that it is a federal offense, unless disclosed to EVENT ORGANIZER 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 EVENT ORGANIZER prior to broadcast. I shall notify EVENT ORGANIZER immediately if any person attempts to induce me to violate the forgoing or to do anything dishonest.
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.
MEDIATION & ARBITRATION; LIMITATION OF REMEDIES: BOTH EVENT ORGANIZER, ON BEHALF OF ITSELF, AND I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IF ANY DISPUTE, CONTROVERSY ORCLAIM ARISING OUT OF OR RELATING TO MY APPEARANCE ON OR PARTICIPATION IN AND IN CONNECTION WITH THE PROGRAM AND/OR THISA GREEMENT 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 NEW YORK 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 NEW YORK, NEW YORK OFFICE. I AND EVENT ORGANIZER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN MY OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. FURTHER, UNLESS EVENT ORGANIZER AGREES, THE ARBITRATOR MAY NOT CONSOLIDATE OTHER PERSONS’ CLAIMS WITH MINE, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESNTATIVE, MULTI-CLAIMANT OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE REST OF THIS AGREEMENT, INCLUDING THE PROVISIONS GOVERNING WHERE ACTIONS GAINST ME OR EVENT ORGANIZER OR ANY OTHER RELEASED PARTIES MUST BE PURSUED, WILL REMAIN IN EFFECT.
This is the complete and binding agreement between EVENT ORGANIZER 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 EVENT ORGANIZER and me.
This Agreement shall extend to, be binding upon and inure to the benefit of the parties and their respective successors, heirs and assigns.
This agreement shall be governed by and constructed in accordance with the laws of the State of New York without reference to its conflicts of law principles.
This Agreement may be executed in any number of counterparts. Each executed counterpart of this Agreement shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement.