The Shot Online Agreement & Release
DO NOT SUBMIT THE ONLINE APPLICATION UNTIL YOU HAVE READ THIS “ONLINE AGREEMENT AND RELEASE” COMPLETELY AND AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
If you are under the age of 18, in addition to having your parent and/or legal guardian agree to the Online Application, including the Online Agreement and Release, your parent and/or legal guardian must also sign a Parent/Guardian consent form if you are selected to move forward in the application process. You and your parent or legal guardian will be required to complete and sign all required agreements, including the participants agreement and a parent and/or legal guardian release form.
As an inducement to Music & Artist Development Experience, hereafter referred to as, “Owner” considering me as a participant in the program currently entitled “The Shot” (the “Program”) and by agreeing and acknowledging in the Online Application that I have read and understand the Online Application (which includes, without limitation, the eligibility requirements (the “Eligibility Requirements”) and this Online Agreement and Release (collectively, the “Application”), I represent, warrant and agree as follows:
- I acknowledge that:
(a) I have read, understand, am satisfied and agree to be bound by the Eligibility Requirements set forth in this Application;
(b) I have answered the questions in this Application honestly, accurately and completely;
if any of the information in this Application is found to be false or incomplete, this will be grounds for dismissal from the participant selection process and/or from the Program, (whether or not I have already received them), if available;
(c) even if I meet the Eligibility Requirements set forth herein, Producer and Owner have no obligation to select me as a participant in the Program;
(d) I agree to keep strictly confidential all information about the Program that I acquire during the participant selection process and/or my participation in the Program;
(e) regardless of whether I am selected as a participant in the Program, my voice, action, and likeness may be recorded as a part of this Application and participant selection process and I understand that Producer may, but is in no way obligated to, use such recordings and all related productions and publicity, within the Program or in any other manner or any Media (as defined Section 2 below) at the discretion of Producer;
(f) if I perform my own song for my audition video (“Owned Song”), I specifically warrant and represent that I am the sole writer and owner of the Owned Song, and no other writer, music publishing company, record company or any other party has any rights in the Owned Song or in recordings of my musical performance of the Owned Song;
(g) even if I am selected as a participant, Producer has no obligation to produce the Program or conduct the competition and Music & Artist Development Experience has no obligation to exhibit it, even if conducted and produced;
(h) all decisions by Producer and Owner concerning selection of the participants are final and not subject to challenge or appeal; and
(i) Producer and Owner have no obligation to return any materials (including, without limitation, recordings of my musical performance of any Owned Song(s), photograph(s), audition video(s) and written materials) (collectively, the “Materials”) provided by me to Producer and/or Owner’s representatives at any time in connection with the Application, the participant selection process, and/or the Program, whether or not I am selected as a participant, and Producer and Owner may, but is in no way obligated to, use any such Materials in the Program or in any other manner as set out herein. I warrant and represent that I have all right and authority to grant the rights in the Materials to the Producer and Owner as contemplated herein and I shall not give or agree to give any member of the production staff and anyone associated in any manner with the Program, or any representative of the Producer or Owner any compensation or anything else of value to arrange my appearance on the Program or to accept or agree to accept anything of value to promote any product, service or venture on the Program, or use any prepared material containing such a promotion.
- I hereby consent to the production, reproduction, broadcast, publication, exhibition, distribution, adaptation, recording, use and reuse by Producer, Owner, and each of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities and each of the respective employees, agents, officers and directors of the foregoing entities (collectively, the “Releasees”) of my voice, actions, likeness, name, appearance, biographical material, and any information contained or derived from my Application, including, without limitation, any recordings or still pictures of me taken during the participant selection process and/or contained in any Materials submitted by me in connection with my Application, including any audition video (collectively, the “Likeness”), as such Likeness may be edited, altered, or modified by Releasees, in any and all media now known or hereafter devised, throughout the universe in perpetuity in all languages, manner or communication (“Media”), in or in connection with the Program and all related productions, publicity material, spin-offs, advertising or any other production. I agree that the Releasees may use all or any part of my Likeness and may alter or modify it regardless of whether or not I am recognizable. I further grant irrevocably to, fully assign, and agree that the Releasees shall own exclusively any and all right, title, and interest (including, without limitation, all copyrights) in and to the Materials, any other video, recordings or still pictures and any other materials that I have provided or may provide in connection with this Application, the Program and the participant selection process and in and to any video, recordings or still pictures taken during the participant selection process of any such materials provided by me, and acknowledge and agree that the Releasees may, in their sole and unfettered discretion, edit, alter or modify, and use all or part of the all such Materials and other recordings and my Likeness in all Media. I represent and warrant (i) that everyone appearing in the Materials (including but not limited to each member of my group who has read and understands all the elements of the Online Application and has authorized me to submit his/her personal information and all the Materials on his/her behalf as part of this Application) and anyone who may have shot or created such Materials agrees that they may be used, as edited, altered or modified by Producer, Owner or by any of the other Releasees, in all Media without any compensation, (ii) the Materials will be free from any material that is libelous, defamatory, profane, obscene, pornographic or graphically violent, and will not contain any content that is contrary to law or which places any of the participants appearing on or off camera at serious risk or harm, and (iii) that I have the rights and licenses necessary to submit the Materials and grant all of the rights granted herein other than where the copyright in my selected audition song is owned by a third party, in which case Producer, Music & Artist Development Experience will be responsible for obtaining the appropriate licenses. I hereby expressly waive in favour of the Producer and Owner, any moral rights that I may have with respect to the audio-visual productions and/or sound recordings produced and/or recorded in the Materials or otherwise for the purposes of the Program. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I understand that I will not be paid any money for giving Releasees these rights, or for submitting the Application, the sole consideration for which being the Producer’s consideration of me as a possible participant in the Program, which I acknowledge is good, valuable and sufficient.
- I agree to take any further action, in writing (including, without limitation, confidentiality agreement, execution of affidavits, assignments, and/or other documents), reasonably requested by Producer to effect, perfect or confirm Producer’s and Owner’s rights in the Materials and my Likeness or otherwise in connection with this Application. If I am selected as a participant on the Program, I agree to complete the participant form package, which will be provided by the Producer and will include, but is not limited to: a participant agreement, confidentiality agreements, option agreements, psychological and medical assessments, a parent or legal guardian release form (if you are under the age of 18), and other additional information as required by Producer and/or Owner.
- I understand that the participant selection process will involve subjective decisions made by the Producer, Owner, the casting team or those authorized on their behalf, in their sole discretion (collectively, the “Panelists”). I understand that the Panelists may make casting recommendations to the Producer and the Owner but that all casting decisions will be made by the Producer and the Owner in their sole discretion. I further understand that the Panelists, the Owner, Producer and/or other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees. I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal by me for any reason or under any circumstances.
- I hereby release the Releasees as well as any television station or channel, cable network, satellite network or any digital platform that exhibits the Program or the Materials, the other participants in the Program, the advertisers and promotional agencies connected with the Program, all other persons and entities connected with the Program, each of the respective parent, subsidiary and affiliated companies of the foregoing, and each of their respective officers, directors, agents, representatives, employees, successors, assignees, and licensees (collectively, the “Released Parties”) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, legal fees) arising out of, resulting from, or by reason of, the Materials or my participation in or in connection with the Program, including, without limitation, my participation in the participant selection process of the Program, participation in any Program related activities, any exploitation of the Program or my appearance on the Program, the failure of Producer to select me as a participant, the cancellation of the Program, any activities in connection with the video submission, or the exercise by Producer of any rights granted by me with respect to the Program on any legal theory whatsoever (including, but not limited to, personal injury, rights of privacy and publicity, false light, and defamation) (the “Released Claims”). The Released Claims specifically include, without limitation, any and all claims, actions, damages, liabilities, losses, costs and expenses (including legal fees) of any kind resulting from the actions of another participant or any other third party at any time.
- With respect to the information provided by me in this Application , including but not limited to all “personal information” collected by Producer, Owner and/or each of their authorized agents pursuant to the terms hereof:
(a) I authorize Producer and/or its authorized agents to investigate, access and collect information about me, about any of the statements made by me in my Application, any supporting documents and any other document that I have signed or do sign in connection with my Application to be selected as a participant in the Program, or any other written or oral statements I make in connection therewith. I irrevocably authorize Producer and/or its authorized agents to secure information about my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, credit reporting agencies, and any references I have provided, and I irrevocably authorize such parties to provide information concerning me. In the course of these investigations, I agree that Producer and/or its authorized agents may disclose to the foregoing entities personal information that I have provided in this Application or that Producer has obtained from third parties, if Producer determines, in its sole discretion, that disclosure to a third party is necessary in the course of the investigation. I specifically authorize investigation of my employment record and government records, including, but not limited to, my motor vehicle records, civil or criminal record, credit and/or consumer report(s).
(b) I acknowledge and agree that any such information obtained by Producer pursuant to this section 6, this Application or otherwise may be used for the purpose of making casting and other similar decisions for the production (and public viewing) of the Program, and, with the exception of medical information, may be described, disclosed or otherwise used in and in connection with the Program, any subsequent seasons of the Program, and any ancillary or related productions, including “making-of”, “behind-the-scenes”, and “aftershow” productions, and/or for publicity, promotional, social and digital purposes related thereto.
(c) I hereby unconditionally and irrevocably release and forever discharge the Released Parties and all such parties and persons from any and all liabilities arising out of or in connection with any such investigations and arising out of the collection, use and disclosure of my personal information in the ways stated in this Application and agree not to make any claim against Released Parties in respect of such use (including, without limitation, any claim that such use invades any right of privacy and/or publicity and any claims based on defamation or false light).
- I acknowledge, represent and warrant I am not an employee, officer, director and agent of Producer and Music & Artist Development Experiences. I further acknowledge and agree that Producer and/or Music & Artist Development Experience each reserve the right to render ineligible any person who they determine, in their sole discretion, is sufficiently connected with the production or distribution of Program such that his/her participation in the Program could result in or create the appearance of impropriety.
- Whether or not I am selected to be a participant on the Program, I shall keep in strictest confidence and shall not disclose to any other applicant, participant 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 Owner, the business of Producer or Owner, any program produced by Producer and/or exhibited by Music & Artist Development Experience, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the cast and any guest appearances, the location(s) of the Program, the events contained in the Program, or the outcome of any episode of the Program, that I read, hear or otherwise acquire or learn in connection with or as a result of my applying to be a participant on the Program or (if I am selected to be a participant) as the result of my experiences as a participant on the Program (collectively, the “Information and Materials”). I acknowledge and agree that the Information and Materials are confidential and the exclusive property of Producer and/or Music & Artist Development Experience. At no time will I ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Information and Materials.
- I acknowledge that in the event I breach the confidentiality or any other provisions of this Application, my breach may, in the sole discretion of Producer and/or Music & Artist Development Experience, result in my being disqualified to participate as a participant in the Program. I further acknowledge that a breach by me of any of the confidentiality provisions of this Application would cause Producer and Music & Artist Development Experience irreparable 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 and Music & Artist Development Experience 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 by me. I also recognize that proof of damages suffered by Producer and Music & Artist Development Experience in the event that I breach any of the confidentiality provisions of this Application will be costly, difficult, and/or inconvenient. Accordingly, I agree to pay Producer and Music & Artist Development Experience the sum of Five Hundred Thousand Canadian Dollars (CDN$500,000.00) per breach plus disgorgement of any income that I may receive in connection with my breach as liquidated damages in the event I breach any of the confidentiality provisions of this Application prior to the initial public exhibition of each episode of the Program. I agree that Five Hundred Thousand Canadian Dollars (CDN$500,000.00) plus disgorgement of any income that I may receive in connection with my breach is a reasonable estimate of the amount of damages Producer and Music & Artist Development Experience are likely to suffer in the event I breach any of the confidentiality provisions of this Application prior to the initial public exhibition of each episode of the Program, considering all of the circumstances existing as of the date of this Application. In addition, I agree to pay Producer and Music & Artist Development Experience the sum of One Hundred Thousand Canadian Dollars (CDN$100,000.00) per breach plus disgorgement of any income that results from my breach as liquidated damages in the event I breach any of the confidentiality provisions of this Application after the initial public exhibition of each episode of the Program. I agree that One Hundred Thousand Canadian Dollars (CDN$100,000.00) plus disgorgement of any income is a reasonable estimate of the amount of damages Producer and Music & Artist Development Experience are likely to suffer in the event I breach any of the confidentiality provisions of this Application after the initial public exhibition of each episode of the Program, considering all of the circumstances existing as of the date of this Application.
- I acknowledge and agree that:
(a) the provisions of this Application shall enure to the benefit of the successors and assigns of Released Parties and shall be binding upon my heirs, executors, administrators and representatives;
(b) this Application will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and that the courts of Ontario will have exclusive jurisdiction over any matter arising out of this Application;
(c) if any provision of the Application is invalid, illegal, or unenforceable in any jurisdiction it will, as to that jurisdiction be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this Application is invalid, illegal or unenforceable in any other jurisdiction;
(d) Producer and Owner reserve the right to change the terms and conditions of this Online Agreement and Release, the Online Application, the Eligibility Requirements, and Terms and Conditions at any time, without notice; and
(e) that Releasees may freely assign, in whole or in part, any of their rights or obligations under the Application and I may not assign my rights and obligations under this Application.
- I acknowledge that:
If the person named above is under the age of 18 in his/her province/territory/state/country of residence, his/her parent/legal guardian must also agree to the provisions below.
The parent or legal guardian represents that he/she is the parent or legal guardian of the minor named above. By agreeing, the parent and/or legal guardian indicates his/her unconditional and irrevocable acceptance of and agreement with each of the above terms and conditions on the behalf of the parent and/or legal guardian and on behalf of the said minor, and the parent and/or legal guardian’s agreement that this Online Application shall be binding on the parent and guardian and the said minor. The parent and/or legal guardian further waives any rights that he/she may have against the Producer or Music & Artist Development Experience arising from and/or related to this Online Agreement and/or the said minor’s participation in the Program, and the parent and/or legal guardian warrants that he/she shall personally be responsible for any and all liability and/or indemnity that is or may be the responsibility of the said minor.
PLEASE NOTE BY SUBMITTING THE ONLINE APPLICATION YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THE ONLINE APPLICATION AND THIS ONLINE AGREEMENT AND RELEASE.