BIG BROTHER CANADA
ONLINE RELEASE AND WAIVER
Please Print Your Full Name: _______________________________________________________________
Please read, fill out, sign and date the following:
I hereby acknowledge that: (i) I have read, and I meet and agree to be bound by the Big Brother Canada eligibility requirements; (ii) I have answered the previous questions honestly and accurately and will answer any questions put to me by Insight Big Brother Canada 12 Ltd. (“Producer”) honestly and accurately; (iii) if any information that I provide to the Producer of the Program (herein defined below) is found to be false or incomplete this will be grounds for dismissal from the Program participant selection process, and/or removal from the Program, if previously selected as a participant; (iv) even if I meet the eligibility requirements, the Producer has no obligation to interview me, and/or select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to produce the Program and the broadcaster, Corus Media Holdings Inc., its parent and related companies, its and their respective subsidiaries, affiliates and licensees (“Corus”) has no obligation to broadcast it, even if produced; (vi) in the event the Program is postponed, cancelled, or not broadcast for any reason, Producer and Corus have no obligation to award any prize money; (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 to me or maintain any photographs, recording, videos, information and print application documents submitted by me as part of the application and in connection with the Program (the “Materials”), whether or not I am selected as an applicant, participant and/or cast member. Without limiting the foregoing in any way, to the degree that the Materials include any musical or literary compositions in which I (partially or wholly) own, or to which I purport to (partially or wholly) own, the copyright or publishing rights, I hereby grant to the Releasees (herein defined below), and have the complete, unfettered right to grant to the Releasees, an irrevocable, unlimited, perpetual, worldwide, royalty and payment-free license to use and reproduce such Materials in the Program. The Materials may be used, broadcast, exhibited, distributed, advertised, publicized, promoted or otherwise exploited (including, without limitation, for purposes of merchandising and publishing and any and all other commercial and non-commercial purposes) in any and all media, whether now known or hereafter devised, throughout the universe, in perpetuity, in any and all languages and markets, at any time and from time to time, whether as part of the Program or otherwise. The rights granted herein shall include, without limitation, all television rights (whether free, pay, cable, satellite or otherwise), streaming rights, and all allied, ancillary, subsidiary and incidental rights.
By submitting this application I hereby consent to the recording, use and reuse of my voice, actions, likeness, name, appearance and biographical material (collectively “Likeness”) in connection with the reality-based audio-visual program currently entitled “Big Brother Canada” (the “Program”) by Producer, Corus, Banijay Rights Limited, Insight Productions Ltd., Kassting Inc., Casting Crane LLC, and sponsors or advertisers in connection with the Program and any of their respective licensees, assigns, parents, subsidiaries or affiliated entities and each of the respective employees, agents, officers and directors (collectively “Releasees”) in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program (the “Recordings”). I agree that Releasees may use all or any part of the Recordings, and may alter or modify same regardless of whether or not I am recognizable. I further agree that Producer exclusively owns the Materials and all Recordings that Producer and/or the Releasees will make of me in connection with the Program and all rights therein and thereto including, without limitation, the right to use (and the right to grant Releasees the right to use) the Materials and the Recordings in any and all media now known or hereafter devised worldwide, in perpetuity. I further agree that Releasees may use the Materials and the Recordings in connection with any promotion, publicity, marketing or advertisement for the Program. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I release Releasees from any and all liability arising out of their use of my Likeness in the Recordings and/or the Materials. I agree not to make any claims against Releasees as a result of the recording and/or use of my Likeness in the Recordings and/or the Materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity and/or defamation).
This Release and Waiver expresses the entire understanding between me and the Releasees with regard to the subject matter hereof and replaces any and all former and contemporaneous agreements, understandings or representations between me and the Releasees. No modification, alteration or amendment of this Release and Waiver will be valid or binding, unless in writing and signed by both parties.
CHOICE OF LAW
This Release and Waiver shall be deemed to be entered into in the Province of Ontario and shall be governed by and interpreted in accordance with the laws of the Province of Ontario and federal laws applicable to agreements executed and fully carried out within Ontario.
Without limiting the foregoing, any provision of this Release and Waiver that is invalid, illegal, or unenforceable in any jurisdiction 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 Release and Waiver invalid, illegal or unenforceable in any other jurisdiction. Any laws that require or suggest that the interpretation of a document or agreement, or the resolution of any ambiguities contained therein, should be resolved against the drafter of the document or agreement, are hereby waived. No waiver by any of the Releasees of any term or condition of this Release and Waiver will be construed as a waiver by any of the Releasees of any other term or condition; nor will any waiver by any of the Releasees of any default under this Release and Waiver be construed as a waiver by the Releasees of any other default. It is further understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. The Releasees may freely assign, in whole or in part, any of their rights or obligations under this Release and Waiver. I may not assign my rights and obligations under this Release and Waiver.
Notwithstanding the foregoing, all personal information acquired through any medical, blood and/or urine testing for (as applicable) COVID-19, drugs, sexually transmitted diseases and background investigations as permitted herein will be used solely for the purpose of making casting and other similar decisions, determining my fitness to participate in the Program and to ensure the health and safety of those associated with the Program.
By signing this Agreement, I hereby authorize Producer and/or its authorized agents to undertake a background investigation of me including, but not limited to, a civil and criminal background check, a financial and credit check, previous employment check, a references check, an education verification check and verification of any and all information I have provided, and I authorize all corporations, companies, educational institutions, persons, law enforcement agencies, criminal, civil and federal courts, and former employers to release information they may have about me to Producer and/or such authorized agents for such purposes. I acknowledge that in the course of such investigations, Producer may be required to disclose to these entities personal information that I have provided to Producer or that Producer has obtained from third parties and hereby consent to such disclosure by Producer.
I hereby release the Releasees from any and all liability arising out of the collection, use and disclosure of my personal information in the ways stated in this Agreement and I agree to not make any claim against the Releasees in respect of such collection, use or disclosure (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 agree: □
Name: __________________________________________________________________ (Please Print)