AIRING ON LIFETIME

Applicant Voluntary Participation Agreement

VOLUNTARY PARTICIPATION AGREEMENT AND RELEASE 

I desire to enter into this Voluntary Participation Agreement and Release (“Agreement”) and voluntarily agree to submit information, documentation, and participate in telephone or in person interviews (the “Activity”) for the current season of the television program currently entitled “Designing Spaces – Military Makeover” (the “Program”) being produced by O2 Media Studios, Inc. (“Producer”) and intended for broadcast on the Lifetime Network and/or other television and digital networks (collectively the “Network”). In connection with my participation in the Activity, I acknowledge, represent, warrant and agree as follows:

  • REPRESENTATIONS AND WARRANTIES.
    • I am 18 years of age or older and not a minor in my state of residence, and a citizen or legal permanent resident of the United States for the requisite time required to participate in the Program. (If under the age of 18, written parental consent is required).
    • I am not a candidate for public office and agree not to become one until one (1) year after the initial broadcast of the final episode of the Program in which I appear (if at all).
    • I understand that I must be willing to reside in and/or relocate to a location designated by the Producer during the scheduled production dates.
    • I represent and warrant that I have completed the Participant Application form (either online or attached hereto and incorporated herein by this reference) honestly and accurately, and that I have read, understood and agree to the eligibility requirements set forth herein. If any of the information in the application is found to be false or incomplete, this will be grounds for my immediate dismissal from the participant selection process, or the Program itself.
    • I may not participate in the Program if my participation would create impropriety or the appearance of impropriety. In making this determination, Producer and Network will consider whether I or any member of my immediate family or anyone living in my household is or has been within the last two (2) years an employee, officer, director or agent of any of the following:
      1. Lifetime Network, or any television network, distributor, production company or station owned and/or operated by the Network, or any of their respective parent, subsidiary or affiliated entities;
      2. Producer, or any of its respective designees, licensees, affiliates, parents, subsidiaries, successors and/or assigns;
  • Any person or entity involved in the development, production, marketing, distribution or other exploitation of the Program or any version or variation thereof;
  1. Any sponsor of the Program or its advertising agency; or
  2. Any person or entity supplying prizes or other services to the Program.
  • In addition, the Producer reserves the right, but is not obligated, to disqualify or declare ineligible, any person whom Producer determines, in its sole discretion, is sufficiently connected with the production, administration, casting, or distribution of the Program such that his or her participation in the Program could create or contribute to the appearance of impropriety. Conversely, Producer reserves the right to allow any person to remain part of the Program who may be acquainted with a person or entity connected with the production, administration, casting or distribution of the Program if, in Producer’s sole discretion, Producer determines that such person’s involvement in the Program does not and will not affect the integrity of the Program. Such decisions shall be final and are not subject to challenge or appeal.
  • I acknowledge that Producer has no obligation to me whatsoever (even if I meet all eligibility requirements). Without in any way limiting the foregoing, I acknowledge and agree that Producer is under no obligation to select me to participate in the Activity or the Program or to include the Activity or my participation in the Activity or the Program. Additionally, Producer has no obligation to produce the Program and Network has no obligation to broadcast it, even if produced. Any decisions with respect to selecting participants for the Activity and the Program shall be made in Producer’s sole discretion and such decisions shall be final and not subject to challenge or appeal. I understand that I will not be paid any money or given any other consideration for giving Producer the rights listed in this Agreement or for signing this Agreement.
  • I will follow all rules made and directions given by Producer in connection with the Activity and/or the Program. Additionally, I acknowledge that if I am selected as a participant in the Program, my participation will be conditioned upon signing and/or executing and returning certain additional waivers, releases and authorizations required by Producer, Network or any of their designees, licensees, affiliates, parents, subsidiaries, successors and/or assigns.
  • I understand that it is a federal offense, unless disclosed to Producer prior to broadcast, if any, to: (i) Give or agree to give any member of the production staff and anyone associated in any manner with the Program, or any representative of Producer, any compensation or anything else of value to arrange for my appearance on the Program; (ii) 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 where I know the writer/creator received consideration for it.
  • AUTHORIZATION. I understand that by submitting an application and participating in the Activity, I hereby 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. I irrevocably authorize Producer and any person or entity designated by Producer to secure information about me, my background and 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. Without limiting the foregoing, I specifically authorize investigations of my employment records, medical records, and government records, including but not limited to my motor vehicle records, criminal records and credit and/or consumer report(s). Further, I hereby authorize Producer and any person or entity designated by Producer to conduct psychological, medical and physical examinations of me as required by Producer. I further authorize the individuals conducting such examinations of me to disclose to Producer and its representatives all information about me obtained in connection with such examinations. 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, and may be described or otherwise related in and in connection with the Program.
  • GRANT OF RIGHTS. I understand that by submitting an application and participating in the Activity, I hereby consent to the recording, use and reuse by Producer, Network, and any of their respective employees, agents, representatives, officers, directors, licensees, successors, assignees, parents, subsidiaries, or affiliated entities (collectively “Releasees“), of my voice, actions, likeness, name, appearance, biographical material, and any information (including private or otherwise confidential medical information) submitted by me, or otherwise contained in, derived from or obtained in connection with my application (collectively “ Likeness“), as edited, altered, or modified by the Producer or by any of the other Releasees, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program. I agree that the Releasees, 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 Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings or materials made by them, and in and to any and all videos, photographs, or other recordings that I have provided in connection with my application for and participation in the Activity and the Program, and any other materials that I have provided or may provide in connection with my application for and participation in the Activity and 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 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 Materials in connection with any promotion, publicity, marketing or advertisement for the Program. I understand that the Producer makes no representation whether or not such Materials will be used in any manner whatsoever. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I agree not to make any claim against Releasees, and further release Releasees from any and all liability arising out of their 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 any claims based on defamation or libel or false light), and I represent and warrant that I have the right to grant the rights conveyed hereunder. I understand that I will not be paid any money for giving Releasees these rights or for sending a submission to Producer.
  • RELEASE. I understand that by submitting an application and participating in the Activity, I hereby agree on behalf of myself, and my heirs, next of kin, spouse, guardians, legal representatives, employees, executors, administrators, agents, successors and assigns (collectively, the “Releasing Parties“), that I and the other Releasing Parties do hereby unconditionally and irrevocably release and forever discharge each of the other participants in the Program and each of the Releasees from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the “Released Claims“) in any way directly or indirectly related to or arising directly or indirectly out of my application, the Activity, the Program, the Materials, and/or my Likeness, including without limitation: (i) my application for, preparation for, travel in connection with, participation and appearance in or elimination from the Program or activities associated with the production, post-production, promotion and exploitation of the Program, including without limitation claims for any injury, illness, damage, loss or harm to me or my property, or my death, and any and all claims, demands, damages, costs, expenses and causes of action that I and the other Releasing Parties may now have or may hereafter have or suffer due to or in any way arising out of any act or omission of any Releasees; and/or (ii) my own actions and/or the actions of other participants; and/or (iii) any loss or damage to property and/or equipment; (iv) the actions of any unrelated third parties invited by me; (v) any investigation of me, including my background, motor vehicle records, criminal records, credit and/or consumer reports, employment records, medical records and psychological records; and/or (v) the production, distribution, promotion, exploitation or other use of the Program or the rights granted by me herein to Producers, Network and/or any other assignee or based upon failure or omission to make use thereof. The Released Claims shall include, but not be limited to, those based on negligence of any of the Releasees or any of the other participants in the Program, products liability, breach of contract, breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, invasion of privacy, right of publicity or personality, misappropriation, intentional infliction of emotional distress, negligent infliction of emotional distress and infringement of copyright. I and the other Releasing Parties hereby unconditionally and irrevocably agree that neither I nor the other Releasing Parties will sue or make any claim against any of the participants in the Program or the Releasees with respect to the Released Claims.
  • CONFIDENTIALITY. I will not myself, and will not authorize others to (i) publicize or promote my, or anyone else’s, participation in the Activity or appearance on the Program by any means (including without limitation websites, blogs or display advertising), or (ii) disclose to any party any confidential information about the Activity or the Program, no matter how such information is learned or acquired.  As used herein, “confidential information” includes, without limitation, any information concerning or related to the Activity or Program, the location of the Activity or Program, the identities of the participants of the Activity or Program, the Producer’s production activities related to the Activity or the Program, the nature of the events which take place as part of the Activity or Program or the outcome thereof, including the elimination from the Activity or Program of any of the Activity or Program’s participants.  I understand that the provisions and obligations of this paragraph shall continue regardless of whether or not I am selected to participate in the Program or whether any part of the Program has been exhibited which may include some or all of the confidential information, unless I have received express written consent from a duly authorized representative of Producer. I understand that my violation of any provisions of this paragraph shall cause Producer substantial and irreparable injury.  I agree that Producer shall have the right to seek, among other things, (i) injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach of my obligations pursuant to this paragraph, (ii) recovery or disgorgement of the monies or other consideration received in connection with any such violation of the provisions of this paragraph, if any, and (iii) recovery of Producer’s attorney’s fees incurred to enforce this paragraph.
  • GOVERNING LAW AND VENUE. I acknowledge and agree this Agreement shall be deemed to be entered into in the State of Florida, and shall be governed by and interpreted in accordance with the laws of the State of Florida. I agree that in any action, proceeding or litigation concerning this Agreement or my appearance or participation in the Activity or the Program, the parties shall submit exclusively to the in personam jurisdiction of the Courts of Broward County, Florida and the United States District Court for the Southern District of Florida, and I further waive any objections that I may have as to jurisdiction or venue in any such courts.
  • RESOLUTION OF DISPUTES; ARBITRATION. I agree that any and all disputes or controversies arising under this Agreement, any effort by any party to enforce, interpret, construe, rescind, terminate or annul this Agreement, shall be resolved exclusively by binding arbitration before a single, neutral arbitrator, who shall be a retired judge of a U.S. state or federal court.  I agree that all arbitration proceedings shall be conducted in accordance with the provisions of the Florida Arbitration Code found at Chapter 682, Florida Statutes, and administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, through its Fort Lauderdale, Florida office.  I agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that arbitration is being conducted, will be treated as confidential and will not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the parties’ attorneys and their staff, and any experts retained by the parties.  Subject to the arbitration provision set forth above, I agree that the remedy for any breach of this Agreement by Producer or others shall be limited to actual damages, and in no event will I be entitled to recover punitive or exemplary damages, or to rescind this Release or seek injunctive or any other equitable relief.  Notwithstanding the foregoing, the parties hereto agree that nothing in this paragraph or in any of the applicable rules of the AAA, shall prevent the Producer from seeking provisional relief outside of arbitration, including but not limited to equitable and/or injunctive relief, pending the arbitrator’s final decision.
  • MISCELLANEOUS. This Agreement constitutes the entire understanding between the parties and it supersedes all prior understandings and/or communications, both oral and written, with respect to its subject matter. No termination, modification, alteration or amendment of this agreement will be valid or binding unless in writing and signed by both parties.  I agree that Producer may license, assign, and otherwise transfer this Agreement and all rights granted by me hereunder to any person or entity. I further agree that this Agreement is personal to me and is not assignable by me and any purported assignment by me shall be null and void. I acknowledge that to the extent applicable law would limit the operation of this Agreement in any way, or invalidate any provisions hereof, such limitation or invalid provision shall not operate to invalidate this Agreement in its entirety; rather, this Agreement shall be deemed to operate and to be effective to the maximum extent permitted by law.  No waiver by the Producer of any term or condition of this Agreement will be construed as a waiver by the Producers of any other term or condition; nor will any waiver by the Producer of any default under this release be construed as a waiver by the Producer of any other default. It is further understood and agreed that no failure or delay in exercising any right, power or privilege here under 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 here under.