LUXURYSTAFF

APPLICANT RELEASE & AGREEMENT *
I am making the following representations, warranties, indemnities, covenants, agreements and releases in this applicant release and agreement (“Agreement”) in consideration for VelvetHM, LLC or its designee (“Producer”) to consider me as a participant for an audio-visual production with the working title “Untitled Butlers Project” (the “Program”). I agree that Producer may tape and photograph me and record my voice and conversations, including quotes, paraphrases and sounds (collectively, the “Recordings”) for use in and in connection with the Program, and in advertising, merchandising, promotion and publicity for the Program, as well as in connection with any other production and the advertising, merchandising, promotion and publicity therefore, and for any entity that exhibits in any manner the Program or any other production, in any and all media now known or hereafter devised, throughout the universe in perpetuity, in any and all versions now known or hereafter devised (including digitized versions), in or in connection with the Program. I further acknowledge that I may be required to provide or may elect to provide Producer with photographs and/or videotapes of me and/or other materials (the “Submission Materials”) as part of my Agreement to be a participant in the Program. I also understand and agree that this Program is a non-guild production and there will be no residual or any other type of payment due in connection with my participation and Producer has no obligation to select me as a participant in the Program.
I agree that Producer shall be the exclusive owner of all copyright and other rights in and to the Program, the Recordings, and the Submission Materials and will be able to use them forever and throughout the world, whether or not I am selected as a participant in the Program, and to assign them, and to license others to use them, in any manner Producer may wish and in any and all media now known or hereafter discovered or developed. Producer has no obligation to return any Submission Materials, whether or not I am selected as a participant in the Program.


I agree that Producer may use and license or assign others (for the purposes of this Agreement, any distributor, television station or channel, cable network or satellite network that airs or that may air the Program is included as “Network”) the right to use the Submission Materials, the Recordings, and my name, voice, actions, likeness, appearance and any biographical facts which may have been provided to Producer, in and in connection with the Program (including, but not limited to, merchandising of the Program), in any related or derivative versions and/or uses of the Program (including, without limitation, any serialization(s), translation(s) and/or adaptation(s) thereof), in any other production, and/or in the advertising, marketing, publicity and promotion of the Program, any other production and/for the Network, any sponsor of the Program (“Sponsor”) and/or Producer in all media (and/or any such party’s or production’s related products), whether or not I am selected to participate in the Program. I confirm that any statements made by me in the Agreement, the Recordings and Submission Materials will be true and, to the best of my knowledge, will not violate or infringe upon any third party's rights. I agree that I will sign whatever other documents Producer, Network and/or Sponsor requires that are necessary to enforce the rights that I am granting to Producer hereunder. I understand that Producer makes no representation whether or not such Recordings or Submission Material will be used in any manner whatsoever. I irrevocably and absolutely grant the rights hereunder whether or not I am selected to participate in the Program. If I am selected as a potential participant, I agree to execute additional waivers and release agreements, and any other agreement(s) as required by Producer, Sponsor or Network, or any of their licensees, successors or assigns, including, without limitation, a participant agreement on the form provided by Producer. I agree that, at no cost to Producer, I have secured, or will secure all rights for Producer to use any of the Submission Materials.

I acknowledge and agree that, whether or not I am selected as a participant in the Program, any information disclosed to me or obtained by me in connection with the Program or otherwise by Producer, including without limitation, the Program’s subject matter, content and outcomes (including the names of participants, hosts, etc.), shall be strictly confidential and I hereby agree to not disclose to anyone any information or materials of any kind relating to the Program (collectively, the “Confidential Information”), unless and until Producer, Sponsor or Network discloses such Confidential Information (if ever). Disclosure by me in violation of this Agreement shall constitute a material breach of this Agreement and I agree that Producer shall have the right to utilize all available remedies under the law. I recognize that if I breach this paragraph, I would cause the Producer 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 shall be entitled to injunctive and other equitable relief (without posting bond) to prevent and/or cure any breach or threatened breach of this paragraph. I also recognize that proof of damages suffered by Producer in the event that I breach this paragraph will be costly, difficult, or inconvenient. Accordingly, I agree to pay Producer the sum of Fifty Thousand Dollars ($50,000.00) per breach.

Additionally, I understand that any offer to participate in the Program may or will be conditioned on my submitting to background checks and physical, medical and/or psychological examinations to be conducted by medical professionals selected by and paid for by Producer and the certification of such medical professionals that I meet all physical and psychological requirements in order to participate in the Program. I represent and warrant that (i) I am at least eighteen (18) years of age; (ii) I am in good health and have no medical, physical, or emotional condition that might interfere with my participation in the Program; and (iii) I will not be under the influence of any medication or drugs that might impair my physical or mental ability to participate.

RELEASE AND AGREEMENT NOT TO SUE. To the maximum extent permitted by law, I hereby irrevocably and unconditionally release, waive and forever discharge Producer, Sponsor and Network and each of their respective parent and related companies, subsidiaries (whether or not wholly-owned), affiliates, divisions, and each of their past, present and future officers, agents, representatives, employees, successors and assigns, jointly and individually (hereinafter collectively referred to as “Releasees”), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which I (or my assigns, agents and/or representatives) ever had, now has, or in the future may have against the Releasees, including, but not limited to, claims arising out of or related to the uses described herein or my participation in the Program (collectively, the “Released Claims”). Further, to the maximum extent permitted by law, I agree not to sue the Releasees as a result of the Recordings, use of the Recordings or use of the Submission Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity) or for any other reason based on any of the Released Claims hereunder. I further agree in the event I bring a claim or lawsuit in violation of this Agreement, I shall be liable for any attorneys’ fees and costs incurred by the Producer, Sponsor, Network and/or any Releasee in connection with such claim or lawsuit. I expressly understand and agree that my rights and remedies against Producer and/or any Releasee shall be limited to the right, if any, to recover money damages in an action at law, and that I shall not be entitled to terminate or rescind this or any other agreement between me and Producer or any of the rights or privileges I have granted or agreed to grant to Producer hereunder, or to enjoin or restrain or otherwise interfere with the development, production, telecast, exhibition, distribution, advertising or other exploitation of the Program, or any part thereof, or any rights therein or herein.
I acknowledge that there is a possibility that after my execution of this Agreement, I may discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed and which, if known by me at that time, may have materially affected my decision to execute this Agreement. I acknowledge and agree that by reason of this Agreement, including the release of liability contained in the preceding
 
paragraph, I am assuming any risk of such unknown facts and such unknown and unsuspected claims. I have been advised of the existence of Section 1542 of the California Civil Code which provides:
“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.”
Notwithstanding Section 1542 of the California Civil Code, this Agreement shall constitute a full release of liability in accordance with its terms. I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this Agreement and that without such waiver, Producer would not have accepted this Agreement.

MEDIATION & ARBITRATION. The parties agree that if any controversy or claim arising out of or relating to this Agreement cannot be settled through direct discussions, they shall endeavor first to settle the controversy or claim by a mediation administered by JAMS under its applicable rules. IF THE DISPUTE IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THE PARTIES AGREE THAT THE CONTROVERSY OR CLAIM, INCLUDING THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL THEN BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (THE “JAMS RULES”, AVAILABLE AT WWW.JAMSADR.COM, INCLUDING, WITHOUT LIMITATION, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION). THE JAMS RULES ARE AVAILABLE AT WWW.JAMSADR.COM, AND WILL BE PROVIDED BY PRODUCER UPON REQUEST. THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN CALIFORNIA OR BE A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES, CALIFORNIA. THE PARTIES AGREE THAT THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NOTWITHSTANDING THE FOREGOING, I RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF MY CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS AGREEMENT, OR ANY INFRINGEMENT BY ME OF PRODUCER’S, NETWORK’S AND/OR SPONSOR’S INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER, NETWORK AND/OR SPONSOR (AS APPLICABLE) IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, I AGREE THAT PRODUCER, NETWORK AND/OR SPONSOR (AS APPLICABLE) SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT. FURTHER AND NOTWITHSTANDING THE FOREGOING, TO THE EXTENT REQUIRED BY LAW, THE PARTIES AGREE THAT WITH RESPECT TO THE ARBITRATION OF ANY FEDERAL OR STATE CLAIM I BRING THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE FOLLOWING SHALL APPLY: 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 ARBITRATION.

The illegality, invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement, which shall be enforced to the maximum extent permitted by law.

This Agreement shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof.

I have read, understand, and agree to be bound by all of the terms and conditions of this Agreement. This Agreement cannot be terminated, rescinded or amended except by an agreement signed by both me and Producer.

I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT.
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