As a condition to being considered to be cast by Tastemade, Inc. (“Producer”) for the program entitled “Ise, Japan” (working title) (the “Program”), and by participating in the casting call for the Program, you hereby represent, warrant, covenant and agree to the terms and conditions contained herein.
1. You agree that you are entering into this Casting Agreement and Release (the “Casting Agreement”) in consideration of Producer further considering you for your possible participation in the Program.
2. You understand and agree you may be required, as a condition of Producer including you in the Program, to enter into additional agreements with Producer or its designee(s) (the “Producer Contracts”) such as the standard Tastemade Appearance Release and Talent Agreement. You agree that the offer to be cast in the Program, if any, and your participation in the Program is contingent upon successful completion of a background check. You will not be entitled to any compensation other than the travel and lodging to be provided in connection with filming the Program.
3. With respect to any and all information, ideas, and content, including, without limitation, personal information, professional information, casting applications, audio and/or video content, images, or any other information or content that you voluntarily submit to Producer as a response to a casting call to the Program (collectively, “Casting Materials”), you hereby represent, warrant and agree that: (a) the Materials are your own original work, that you have not copied or derived any portion of the Materials from any other person or entity, and that you have the complete legal right to submit the Materials to Producer for evaluation, licensing, use and/or acquisition, without violating the rights of any third party; (b) you have written, executed releases and consents from any and all participants, if any, that appear in the Materials, and have cleared any and all third party materials in the Materials; (c) you have paid all amounts payable and performed all other obligations in order to comply with sub- section (b) above; (d) nothing in the Materials is untrue, obscene, libelous, slanderous, blasphemous or defamatory, or infringes any person’s or entity’s rights, including copyrights, moral rights, trademarks, right of privacy, right of publicity or any other rights whatsoever of any third party; and (e) you waive any and all so-called moral rights you may have in the Materials.
4. In connection with all Casting Materials you submit to Producer, you grant to Producer the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to use, copy reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, incorporate, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of the Casting Materials for any purpose whatsoever (including, without limitation, for any promotional purposes and whether or not in connection with the Program) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Producer, in Producer’s sole discretion.
5. You further represent, warrant and agree that: (a) you have the full power and authority to enter into this Casting Agreement and the consent of no other person or entity is necessary in order for me to enter into and fully perform under this Casting Agreement; (b) you are at least eighteen (18) years of age and otherwise have full capacity to enter into, fully perform and be fully bound by this Casting Agreement; (c) you are authorized to validly travel to Japan (and can evidence documentation upon
request); (d) you have not entered into, nor will you enter into, any contract or arrangement which prevents you, or might prevent you, from fulfilling your obligations under this Casting Agreement; and (e) you are not a candidate for public office and will not become a candidate before the broadcast of your appearance on the Program, if any, or until one (1) year from the date of this Casting Agreement (whichever is earlier).
6. You are not, nor is any immediate family member (including unrelated persons living in the same household), an employee, shareholder, officer, director, agent, or representative of Producer, production personnel for the Program, advertising agencies, sponsors, or any person or entity connected with the production or administration, or judging of the castings or the Program, or any of their respective parent companies, affiliates, subsidiaries, agents, or representatives. You acknowledge and agree that Producer reserves the right to remove from the casting process or Program any person (including you) it determines, in its sole discretion, is sufficiently connected with the audition process, Program or any of the entities described in the preceding paragraph such that such person’s participation in the audition process or Program could create the appearance of impropriety.
7. You are not currently a member of the American Federation of Television and Radio Artists (AFTRA) or any other performing arts union or guild. If you are, or have ever been, a member of any performing arts union or guild, you agree that your participation as a contestant on the Program or in the audition process therefore, if any, does not constitute a performance or appearance as defined by any performing arts union or guild, nor does it entitle you to any wages or salary or other similar compensation.
8. You have not and will not enter into any commercial or other sponsorship agreement or arrangement with any person, firm, or company with respect to your appearance on or in connection with the Program, if any, without Producer’s prior written approval.
9. You agree to follow all of Producer’s rules, directions, and instructions in all matters relating to the casting call and the Program (including during the interview, audition, and selection process), which rules are subject to change at Producer’s sole discretion. You will accept any and all decisions of Producer on discretionary matters (including, but not limited to, the casting process and selection and all decisions relating thereto) as final. You agree that your selection as a participant is within Producer’s sole discretion and that Producer is not obligated to select you. If you are selected, you agree that Producer is not obligated to have you appear on, or to broadcast your appearance on, the Program and may disqualify you at any time in its sole discretion. In addition, if you are disqualified from the Program or the casting process for the Program, Producer may make any explanation or announcement, on-air or otherwise that Producer and may choose as to the reason why you were disqualified.
10. You acknowledge and agree that if you are chosen to travel to a location in connection with the Program, you will be available to travel to, and to stay in, any such location, on dates and during the period of time to be determined by Producer in its sole discretion. You acknowledge that locations are subject to change. You understand that any travel undertaken by you in connection with your participation in the Program and the audition process therefore shall be taken at your sole risk.
11. You consent to Producer’s filming, taping, and/or recording of you at any time, with or without your knowledge, for use in connection with the production and exploitation of the Program. In connection therewith, you hereby grant to Producer and its respective assignees, licensees, agents, and affiliates the right to use and reuse your appearance, performance, name, voice, likeness, and/or biographical material (collectively, “Likeness”), as it may be filmed, taped, and/or recorded by Producer (including, without limitation, during the audition and interview process and otherwise, or as submitted as Casting Materials), in and in connection with the Program in any and all media, whether now known or hereafter devised, throughout the universe in
perpetuity, including, without limitation, in connection with the exploitation, advertising, publicity, and promotion of the Program, Program sponsors, Producer, and for any other purpose and in any other manner that Producer may determine in its sole discretion. You agree that the Program and any recordings or other reproductions thereof may be edited, cut, rearranged, adapted, dubbed, or otherwise revised for any purpose, including, without limitation, your Likeness.
12. You hereby release Producer, Program sponsors, advertising agencies, and the respective parents, subsidiary entities, affiliates, successors and assigns, and the respective directors, officers, employees, agents, contractors, partners, shareholders, attorneys, representatives, and members of each of the foregoing entities (the “Released Parties”) from any and all liability or claims arising out of or in any way resulting from your participation in the Program and Producer’s use of the Casting Materials, including, but not limited to, the interview and casting process therefore, any injury, illness, damage, harm, stress (mental or physical), or disability (partial or total) suffered by you in connection with your participation in the Program, and the use or reuse of your Likeness and Casting Materials, and you agree not to make any claim against the Released Parties as a result of your participation in the Program and the audition process therefore and in connection with any use or reuse of your Likeness (including, without limitation, any claim that such use invades any right of privacy and/or publicity) in any manner whatsoever.
13. You agree to indemnify the Released Parties and to hold the Released Parties harmless from any and all liability, claim, action, damage, expense, and loss of any kind caused by or arising out of any statement, action, or failure to act by you during or in connection with your participation in the Program, the Casting Materials and the casting process therefore. Not in limitation of the foregoing releases, you acknowledge and agree that if you are selected, Producer will provider workers’ compensation insurance coverage for your participation in the Program.
14. Your acknowledgment of the terms of this Casting Agreement and the information provided by you herein are in no way untruthful, inaccurate, or misleading. You acknowledge that Producer reserves the right, exercisable at any time at its sole discretion, to disqualify you from the casting process should you at any stage supply untruthful, inaccurate, or misleading personal details and information, fail to abide by the rules or regulations of the Program, or otherwise breach the terms contained herein.
15. Any and all information disclosed to or obtained by you concerning or relating to the Program, the participants, the events contained in the Program, the outcome of the Program, Producer, the Program sponsors, and the terms and conditions of this Casting Agreement shall be strictly CONFIDENTIAL. You agree that you will NOT disclose to any third party any information which you have had or will have access to concerning the Program, Producer, the Program sponsors, or the terms and conditions of this Casting Agreement, except as required to fulfill your obligations hereunder, as expressly authorized by Producer in writing, or as required by law. You further agree not to make disparaging remarks about Producer, the Program, any elements thereof, or any person or entity connected with the Program.
16. You agree that this Casting Agreement shall be governed by the laws of the State of California for contracts entered into and wholly performed therein and the venue for any disputes shall be the state and federal courts located in Los Angeles County, California.