APPLICATION RELEASE 

Application Release:

 

I hereby acknowledge that I have read and I meet the Requirements for Eligibility. I hereby certify that all statements made in this application are true and complete. I understand that if any of the disclosures made by me on this application are false, this will be cause for disqualification of my consideration for this production.

I further acknowledge and agree that this Casting Application, Application Release and any other form and any other materials (including, but not limited to, photographs, audiotapes, videotapes, and other recordings) which I have submitted or will submit to ITV America, Inc., and written materials photographs, audiotapes, videotapes and other recordings taken by ITV America, Inc. (all of which shall hereinafter be referred to as “Materials”) will become the sole and exclusive property of ITV America, Inc. and will not be returned to me. I understand that as the owners of the Materials, ITV America, Inc., shall have the right to edit, distribute and exploit the Materials in any manner in their sole discretion, including the right to exploit the Materials in this or any other production in all media now known or hereafter created, worldwide in perpetuity, but shall have no obligation to do so. By signing below, I grant to ITV America, Inc. the right to use the Materials, including but not limited to, any biographical information contained in this application, my home video or other recorded interviews, and to record, use, and publicize all the Materials, including home videotape or other recorded interviews, my voice, actions, likeness and appearance in any manner in connection with this or any other production, in all media now known or hereafter created, worldwide in perpetuity.

I hereby release and indemnify ITV America, Inc. and the Network, and all of their respective licensees, assigns, successors, parents, affiliated and subsidiary companies, divisions, and joint ventures as well as their employees, officers, directors and agents (collectively, the “Released Parties”) from any and all claims or demands of every kind that I or any third party may now or hereafter have against the Released Parties in connection with my application to appear in the production and the exploitation of any and all of the Materials, including all the materials I have submitted in connection therewith, or any exercise by any or all of the Released Parties of any of the rights I am granting hereunder, or any other matter contained herein, including, but not limited to, any claims for defamation, violation of rights of privacy and/or publicity, negligence, and/or intentional infliction of emotional distress.

In connection with the foregoing releases, I hereby expressly waive any and all rights and benefits conferred by the provisions of Section 1542 of the California Civil Code or by any similar law or provision of any jurisdiction throughout the world. Section 1542 reads as follows:

“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.”

I agree to keep in strictest confidence and to not use or disclose to any party any information or trade secrets obtained or learned as a result of this Casting Application, questionnaires, selection process or participation in the program (as applicable), including, without limitation, any information concerning or relating to the program, the events contained in the program, ITV America, Inc.’s or the network’s contestant selection and production activities relating to the program or the outcome of these activities that I read, hear or otherwise acquire or learn in connection with or as a result of this application, questionnaires, selection process or participation in the program (as applicable) (collectively, the “Confidential Information and Materials”) regardless of whether an episode of the program has been exhibited which may include some or all of the Confidential Information and Materials, without the express prior written consent of a duly authorized representative of ITV America, Inc.

This Application Release may not be altered except in writing with permission of ITV America, Inc. This Application Release shall be governed by the laws of the State of California. In no event will I be entitled to rescind this Application Release or to seek injunctive or any other equitable relief, or any award of punitive damages. I have been given ample opportunity to read and I have carefully read this entire Application Release. I certify that I fully understand the contents of this Application Release, that I am of sound mind and that I intend to be legally bound by this Application Release.