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 6 Ltd. (“Producer”) honestly and accurately; (iii) if any information that I provide to the Producer of Big Brother Canada is found to be false or incomplete this will be grounds for dismissal from the Big Brother Canada participant selection process, and/or removal from the Big Brother Canada Program (herein defined below), 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 show is 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 or maintain any photographs, recording, videos, information and print application documents to me (the “Materials”) submitted by me as part of the application and in connection with Big Brother Canada, 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 and in connection with any promotion, publicity, marketing or advertisement for the Program or any exploitation of the Program of any kind, in any and all media now known or which may exist in the future. I understand that the Releasees make no representation that such Materials will or will not be used in any way.
By submitting this application I hereby consent to the recording, use and reuse by the Producer of the reality-based television series currently entitled “Big Brother Canada” (the “Program”), Corus, Endemol Shine North America, Insight Production Company Ltd., 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”) of my voice, actions, likeness, name, appearance and biographical material (collectively “Likeness”) in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program. I agree that 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 agree that Releasees exclusively own the application Materials (videos, photos, etc.) that I have provided in connection with the Program and any photos and video that Producer will make of me in connection with the Program and all rights therein and thereto including, without limitation, the right to use the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. I further agree that Releasees may use my likeness and the video recording, (submitted in connection with my application to the Program), 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 and/or the Materials. I agree not to make any claims against Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity and/or defamation).
br /> ENTIRE AGREEMENT
This release and waiver expresses the entire understanding between me and the Releasees and replaces any and all former and contemporaneous agreements, understandings or representations between me and the Releasees. No modification, alteration or amendment of this agreement will be valid or binding unless in writing and signed by both parties.
br /> 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 applicable to agreements executed and fully carried out within Ontario. Subject to the arbitration provisions in the next immediate paragraph below, any action, proceeding or litigation concerning this release or my appearance or participation in the Program may only be brought in the Province of Ontario, and Producer and I hereby agree that the courts of Ontario shall have exclusive jurisdiction over me and the subject matter of any such proceeding.
br /> MISCELLANEOUS
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 agreement 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, Kassting Inc. or Casting Crane LLC of any term or condition of this agreement will be construed as a waiver by any of the Releasees, Kassting Inc. or Casting Crane LLC of any other term or condition; nor will any waiver by any of the Releasees, Kassting Inc. or Casting Crane LLC of any default under this release and waiver be construed as a waiver by the Releasees, Kassting Inc. or Casting Crane LLC 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 agreement.
PLEASE NOTE: All information that you provide to Producer in this Agreement, including but not limited to “personal information” governed by applicable privacy legislation, will be used solely for the purpose of incorporating such information in the Program and making casting and other similar decisions in connection with the production (and public viewing) of the Program, any subsequent seasons of the Program, and any ancillary or related productions, including “making-of” and “behind-the-scenes” productions, and/or for publicity and promotional purposes related thereto. This includes, in Producer’s sole discretion, conducting background checks to verify your identity and stated history. By submitting this Agreement you authorize Producer and/or its authorized agents to undertake a background investigation including, but not limited to, a criminal background check, a previous employment check, a references check, an education verification check and verification of any and all information you have provided, and you 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 you. In the course of these investigations, Producer may be required to disclose to these entities personal information that you have provided to Producer or that Producer has obtained from third parties. In the event that Producer believes, in its sole discretion, that disclosure to a third party is necessary to carry out any services required to produce the show, you authorize Producer to disclose your personal information to these service providers. You acknowledge that in the event Producer engages a third-party service provider located in the United States to collect, store, or use the Materials (including, without limitation, personal information), the United States government, courts, law enforcement or regulatory agencies may be able to obtain disclosure of the Materials. By submitting your Agreement and Application herein you consent to the collection by Releasees, Kassting Inc. and Casting Crane LLC and their respective affiliates, subsidiaries, related companies, advertising and promotional agencies of your personal information and its disclosure to Producer, and to Producer’s collection, use and disclosure of your personal information for the purposes stated in this paragraph. Producer will not use your Agreement (including your photo identification or other personal information) for any other purpose not disclosed in this paragraph, the Agreement, terms and conditions applicable to the Program, and/or the release forms without contacting you first for your permission to do so. You hereby release Releasees, Kassting Inc. and Casting Crane LLC from any and all liability arising out of its and their collection, use and disclosure of your personal information in the ways stated in this Agreement and agree not to make any claim against Releasees, Kassting Inc. or Casting Crane LLC 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).