ELIGIBILITY REQUIREMENTS AND RELEASES
You must be at least 21 years of age as of March 2025
You must be a legal US resident.
You are not currently, nor do you currently intend to be, a candidate for
public office, and if there is any change in this representation prior
to the initial exhibition of the Program in which you
appear, you must immediately notify Quidnet Media or Hallmark. Becoming
a candidate before or around the time of the initial exhibition of the
Program may under certain circumstances have legal implications on the
exhibitor’s ability to exhibit the Program.
If you are selected as a potential participant you must execute waivers
and release agreements required by Producer or any of their licensees,
successors or assigns.
You will need to be available on the production date(s) (dates subject to
change in Producer’s sole discretion) and be willing to travel to
various locations as part of the production.
Any offer to become a participant may be subject to or conditioned upon
your submission to a background check. In addition, any offer to become a
participant may be subject to or conditioned upon your
submission to psychological examinations to be conducted online, by
medical professionals (selected by and paid for by Producer), the
submission of medical information to production, and the certification
of the medical professionals that you meet all physical
and psychological requirements.
You give the following representations, warranties, acknowledgements, consents and releases:
By signing below, I represent, warrant, acknowledge, and agree that: (i) I
have read and I meet and agree to be bound by the eligibility
requirements; (ii) I have completed this application honestly
and accurately; (iii) if any of the information in this application is
found to be false or incomplete, this will be grounds for dismissal from
the Program participant selection process, and/or from the Program
contest (if any), if selected; (iv) even if I
meet the eligibility requirements, Producer has no obligation to
further contact me, interview me, and/or select me as a participant; (v)
even if I am selected as a participant, Producer has no obligation to
conduct the Program contest (if any) or produce
the Program nor any obligation to exhibit it, even if produced; (vi) I
agree to keep strictly confidential all information about the Program
that I may acquire during the participant selection process and/or
during my participation in the Program (if applicable),
except as otherwise expressly provided in this application; (vii) all
decisions by Producer concerning selection of the participants are final
and not subject to challenge or appeal; and (viii) Producer has no
obligation to return any materials submitted by
me as part of the application whether or not I am selected as a
participant.
By submitting this application, I consent to the recording, use and reuse
by Producer, and any of the Released Parties (as defined below) of my
voice, actions, likeness, name, appearance, biographical
material, and any information contained in, derived from or obtained in
connection with my application to be a participant in the Program or in
any materials submitted by me in connection with my application
(collectively “Likeness”), as edited, altered, or
modified by Producer or by any of the other Released Parties, in any
and all media now known or hereafter devised, worldwide in perpetuity,
in or in connection with the Program or any other work. I agree that the
Released Parties or any of them 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 agree that the Released
Parties exclusively own all right, title, and interest (including,
without limitation, all copyrights) in and to any and
all recordings made by them and in and to any and all video that I have
provided in connection with my application and any other materials that
I have provided or may provide in connection with my 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 my Likeness in any
and all media now known or hereafter devised worldwide, in perpetuity.
Without in any way limiting the foregoing,
if I perform or include any music (other than music supplied to me by
Producer) in connection with my application or the Program, I represent
and warrant that I own all rights to such music, and I 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, I waive any claims to royalties of any kind, whether
accruing now or in the future, from Producer for the
use of any such music, including, without limitation, any applicable
copyright, public performance, mechanical and synchronization royalties.
I further agree that Released Parties may use my Likeness and the
Materials in connection with any promotion, publicity,
marketing or advertisement. 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 Released
Parties these rights or for signing this application.
I authorize Producer and any person or entity designated by Producer 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 documents that I have signed or provided or do
sign or provide 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, to the maximum
extent permitted by law. Without limiting the foregoing, I irrevocably
authorize Producer and any person or entity designated by Producer to
secure information about me and my experiences from my current and
former employers, associates, friends, family members,
educational institutions, government agencies, credit reporting
agencies, any branch of the military, and any references I have
provided, and I irrevocably authorize such parties to provide
information concerning me. I 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. To the maximum extent permitted by law, I specifically
authorize investigation of my employment records, medical records, and
government records, including but not limited to my motor vehicle
records, criminal records, civil records, military records, credit
reports, and consumer report(s). I 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 participants 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 or other
program, to the maximum extent permitted by law.
To the maximum extent permitted by law, I authorize Producer and any
person or entity designated by Producer to conduct psychological and
physical examinations of me if required by Producer. To the
maximum extent permitted by law, I further authorize the individuals
conducting such examinations to disclose to Producer and their
representatives all information about me obtained in connection with
such examinations, and authorize Producer to utilize such
information in selecting participants for the Program.
I understand that the participant selection process will involve
subjective decisions made by certain individuals selected by Producer
and Network in their sole discretion. I understand that the
participant selection process may also involve subjective decisions
made by the public. I further understand that those certain individuals,
Network, Producer and other persons or entities may be acquainted
with or have some familiarity with some or all
of the applicants to varying degrees. I further acknowledge and agree
that Producer reserves the right to consider and select participants who
are not able to attend an open casting call and that Producer shall
have sole discretion and control over every aspect
of selecting participants. 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.
CONFIDENTIALITY.
I understand that Producer and the prospective network (“Network”) are
involved in a competitive industry in which confidentiality is a
valuable asset. I acknowledge that, in my capacity
with Producer and Network, I may be provided with Confidential
Information and maintaining this Confidential Information is vital to
the success of the Program and Producer’s and Network’s businesses.
Whether or not I am selected to be a participant on the
Program, I shall keep in strictest confidence and shall not, and shall
not authorize or cause others to, directly or indirectly, use or
disclose to any third party at any time (i.e., prior to, during, or
after the taping or exhibition of any episode of the
Program) any of the following, which is the exclusive property of
Producer or Network: any information or materials that I may read, hear
or otherwise acquire or learn in connection with or as a result of my
participation in or in connection with the Program,
including without limitation, any information or materials concerning
or relating to Producer or to Network, the business of Producer or
Network, any program produced by Producer or exhibited by Network,
including, without limitation, any information
concerning or relating to the Program, the participant selection
process, the Program applicants, the Program participants, the
location(s) of the Program, the events contained in the Program, the
outcome of any episode of the Program, and the contents of
this application or any other agreement or document that I sign, have
signed or receive from Producer or Network at any time(collectively, the
“Confidential Information”). I acknowledge and agree that my
obligations with respect to confidentiality set forth
in this application shall continue in perpetuity or until terminated by
Producer or Network by giving me written notice of termination. In no
event will I have the right to terminate my confidentiality obligations
under this application. 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 or
Network, 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 Network 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 Network shall be entitled to injunctive and
other equitable relief to prevent and cure any breach or threatened
breach of any of the confidentiality provisions of this application by
me. I understand that nothing in this paragraph or
this application generally prevents me from: (a) discussing or
disclosing information about conduct that I have reason to believe is
unlawful; or (b) discussing or disclosing any matter I am entitled to
discuss or disclose under applicable law. I understand
that nothing in this paragraph or this application restricts me from
reporting or providing information related to potential legal violations
to any governmental agency or entity (e.g., SEC, OSHA, DOJ) without
notifying Producer or Network (“Whistleblower
Activity”). Producer and Network will not retaliate against me for any
Whistleblower Activity, and nothing in this application requires me to
waive any monetary award that I may legally be entitled to as a result
of Whistleblower Activity.
RELEASE AND AGREEMENT NOT TO SUE. To the maximum extent permitted by law, I
irrevocably and unconditionally release each of the Released Parties
from any and all liability arising out of my participation
in or in connection with the Program, including, without limitation,
the recording of my Likeness and the Materials, my participation in the
participant selection process, and any exploitation of the Program, my
Likeness or the Materials, on any legal theory
to the extent that such claims are caused by, arise from, or relate in
any way to the negligence of the Released Parties (collectively, the
“Released Claims”). The term “Released Parties” shall mean and refer to
Producer, Network (as defined below), all entities
and platforms of Network, any other licensees or assignees of the
Program or the Materials, the other participants in the Program, all
other persons and entities connected with the Program, all parent,
subsidiary, related and affiliated entities, licensees,
successors, assigns, sponsors and advertisers of each of the foregoing,
all of the respective directors, officers, principals, executives,
on-air talent, employees, agents, contractors, partners, shareholders,
representatives and members of each of the foregoing,
and the respective heirs, next of kin, spouses, guardians,
representatives, executors, administrators, successors, licensees and
assigns of each of the foregoing.
As used herein, “Producer” shall include, its licensees, successors, and
assigns, and each of their respective officers, directors, shareholders,
employees, agents, and representatives. I agree that
Producer may license, assign, and otherwise transfer this application
and all rights granted by me to any person or entity.
To the maximum extent permitted by law, I waive any and all rights I may
have under section 1542 of the Civil Code of California, and every like
provision in any foreign jurisdiction. Section 1542
provides 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.
MEDIATION & ARBITRATION. WHERE ANY CONTROVERSY, DISPUTE, OR CLAIM IN
CONNECTION WITH THIS AGREEMENT OR MY PARTICIPATION IN THE PROGRAM
(INCLUDING THE ENFORCEMENT, SCOPE, OR APPLICABILITY OF THIS AGREEMENT
TO ARBITRATE) (A “DISPUTE”) ARISES AND CANNOT BE RESOLVED BETWEEN THE
PARTIES, THE PARTIES AGREE TO FIRST TRY TO RESOLVE SUCH DISPUTE THROUGH
CONFIDENTIAL MEDIATION. IF MEDIATION IS UNSUCCESSFUL, THEN ALL DISPUTES,
INCLUDING THE SCOPE OR APPLICABILITY OF THIS
AGREEMENT TO ARBITRATE, SHALL BE RESOLVED BY FINAL AND BINDING
ARBITRATION BEFORE A SINGLE NEUTRAL, ADMINISTERED BY JAMS OR ITS
SUCCESSOR (“JAMS”) IN ACCORDANCE WITH ITS COMPREHENSIVE RULES AND
PROCEDURES (COLLECTIVELY, “JAMS RULES,” AVAILABLE AT
WWW.JAMSADR.COM AND PROVIDED IN HARD COPY UPON REQUEST). THE JAMS RULES FOR SELECTION
OF MEDIATORS AND ARBITRATORS WILL BE FOLLOWED, EXCEPT THAT ANY MEDIATOR
OR ARBITRATOR WILL BE: (A) EXPERIENCED IN THE ENTERTAINMENT INDUSTRY
AND LICENSED TO PRACTICE LAW IN CALIFORNIA; OR (B) A RETIRED JUDGE. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I AGREE TO WAIVE MY
RIGHT TO COMMENCE, TO BECOME A PARTY TO, OR TO BE OR REMAIN A
PARTICIPANT IN, ANY GROUP REPRESENTATIVE, CLASS, COLLECTIVE,
OR HYBRID CLASS/COLLECTIVE ACTION IN ANY COURT, IN ANY ARBITRATION, OR
IN ANY OTHER FORUM ARISING FROM OR RELATING TO THIS AGREEMENT OR MY
PARTICIPATION ON THE PROGRAM IN ANY WAY, UNLESS OTHERWISE PROHIBITED BY
APPLICABLE LAW. I AGREE THAT ANY CLAIM BY ME
SHALL BE HEARD IN ARBITRATION WITHOUT CONSOLIDATION OF SUCH CLAIM WITH
ANY OTHER PERSON OR ENTITY’S CLAIM, EXCEPT AS OTHERWISE AGREED TO BY
PRODUCER AND ME. UPON THE CONCLUSION OF ANY ARBITRATION PROCEEDINGS, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND
REASONS FOR ANY DECISION REACHED. ALL SUCH PROCEEDINGS WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES. MY AGREEMENT TO MEDIATE AND ARBITRATE ANY AND ALL DISPUTES SHALL EXTEND TO THE RELEASED PARTIES. THE PARTIES AGREE THAT WITH RESPECT TO THE MEDIATION OR
ARBITRATION OF ANY FEDERAL OR STATE CLAIM I BRING THAT ARISES FROM
UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE
FOLLOWING SHALL APPLY: THE BURDEN OF PROOF SHALL BE THE SAME
AS IT WOULD BE IN A JUDICIAL PROCEEDING AND THE DECISION SHALL BE BASED
ON THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, TO THE
EXTENT THAT SUCH LAWS DO NOT CONFLICT WITH THE FEDERAL ARBITRATION ACT,
WHICH GOVERNS THIS AGREEMENT TO ARBITRATE, THE
ARBITRATOR MAY AWARD ANY REMEDY THAT WOULD HAVE BEEN AVAILABLE IN
COURT; THE PARTIES SHALL BE PERMITTED DISCOVERY ADEQUATE TO SECURE THE
NECESSARY INFORMATION TO PRESENT SUCH CLAIM OR DEFEND AGAINST SUCH
CLAIM; AND PRODUCER SHALL PAY ALL TYPES OF COSTS THAT
ARE UNIQUE TO MEDIATION OR ARBITRATION. THE PARTIES WILL OTHERWISE BEAR
THEIR OWN FEES AND COSTS, INCLUDING ATTORNEYS’ FEES AND EXPERT FEES.
ANY DISPUTES AS TO THE REASONABLENESS OF COSTS AND EXPENSES SHALL BE
DETERMINED BY THE ARBITRATOR. IN THE EVENT OF
ANY ACTUAL OR ANTICIPATED BREACH BY ME OF MY EXCLUSIVITY, PUBLICITY, OR
CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, PRODUCER MAY SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM ANY COURT OF
COMPETENT JURISDICTION. PRODUCER MAY ALSO PURSUE
OTHER REMEDIES AGAINST ME FOR ANY BREACH OF THIS AGREEMENT. I AGREE
THAT GIVEN THE UNIQUE NATURE OF THE ENTERTAINMENT INDUSTRY, AND THE
IRREPARABLE DAMAGE TO PRODUCER, NETWORK AND THEIR LICENSEES THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION
OF ANY PROGRAM PRODUCED HEREUNDER, I MAY NOT SEEK OR OBTAIN INJUNCTIVE
RELIEF IN CONNECTION WITH THIS AGREEMENT. TO THE GREATEST EXTENT
PERMITTED BY APPLICABLE LAW, MEDIATION AND ARBITRATION SHALL BE
CONFIDENTIAL (EXCEPT AS BETWEEN THE PARTIES AND THIRD PARTIES
INVOLVED IN DISCOVERY), INCLUDING PLEADINGS, EXHIBITS, AND/OR
TESTIMONY. A SUCCESSFUL PARTY MAY MAKE APPLICATION TO THE ARBITRATOR FOR AN AWARD OF ATTORNEYS’ FEES AND/OR COSTS, AND THE ARBITRATOR MAY AWARD SUCH FEES AND COSTS TO THE EXTENT CONSISTENT WITH APPLICABLE LAW. IF ANY PORTIONS OF THE DISPUTE RESOLUTION PROVISIONS IN
THIS AGREEMENT ARE FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THAT
PORTION SHALL BE SEVERED FROM THE REST AND SHALL NOT AFFECT THIS
AGREEMENT TO RESOLVE ALL DISPUTES THROUGH MEDIATION
AND ARBITRATION.
APPLICATION OF FAA AND GOVERNING LAW. I agree that the Federal Arbitration Act, 9
U.S.C. § 1, et seq. (“FAA”) governs any and all of the arbitration
provisions contained herein and any arbitration
proceeding related to or arising from this Agreement. Notwithstanding
the foregoing, this Agreement shall be construed and enforced in
accordance with the substantive laws of the State of California, to the
extent they do not conflict with the FAA, without
regard to the state’s conflict of law provisions. The exclusive venue
for any dispute held to be non-arbitrable, shall be the Superior Court
of California located in the County of Los Angeles and the United States
District Court for the Central District of
California, and the parties submit to the in person jurisdiction of
those courts and waive any objections thereto.
ELECTRONIC SIGNATURES. This application may be executed by original, facsimile or
electronic signature in a form acceptable to Producer. Any signed copy
of this application delivered by facsimile or
electronic transmission shall for all purposes be treated as if it had
been delivered containing my original signature, and shall be binding
upon me in the same manner as though an original signed copy had been
delivered.
SEVERABILITY.
The illegality, invalidity or unenforceability of any provision of this
application shall in no way affect the validity or enforceability of
any of the remainder of this application, which shall be enforced to the maximum extent permitted by law.
To learn more about how Producer collects and uses your personal
information in connection with this production, refer to Producer’s
Privacy Notice at www.criticalcontent.com/privacypolicy/. These notices may be updated from time to time.
I have read, understand, and agree with the foregoing. I UNDERSTAND THAT I
AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION, INCLUDING,
WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT
WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS APPLICATION.