Beat Shazam Booked

AUDITION RELEASE *
PLEASE READ, SIGN AND DATE the following.

In consideration for my possible appearance in the network game show television series currently entitled “Beat Shazam” (“Program”) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows (“Agreement”):

1.  	Eligibility Requirements.  I hereby represent and warrant that: (i) I am 18 years of age (or the age of majority in the state in which you reside) or older; (ii) If chosen to participate, I will verify my identity and eligibility to participate and fulfill the requirements of the production; (iii) neither I nor any of my immediate family members or anyone living in my household may be or has been within the past two (2) years employees, contractors, officers, directors or agents of any of the following: (a) Bigger Stage Limited (“Producer”), Finnmax LLC (“Finnmax”), UAMG Content, LLC (“UAMG Content”), any entity owned, controlled, led or affiliated with the foregoing, Apploff Entertainment, Shazam Entertainment Limited (“Shazam”), Fox Corporation, Network (as defined in paragraph 2 below), Sullivan Compliance Company, or any direct and/or indirect parent, subsidiary, affiliated or related entity of any of the foregoing; (b) any person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof; (c) any known major sponsor of the Program or its advertising agency; (d) any host (or other on-camera talent) or entity substantially owned or controlled by any host (or other on-camera talent); or (e) any person or entity supplying services or prizes to the Program; (iv) I am not currently a candidate for public office and agree that I will not become a candidate for public office from the date of this Agreement until one (1) year after the initial broadcast of the last episode of the Program if I appear in the Program; (v) I have informed Producer or Finnmax if I have been convicted of a felony; (vi) I shall voluntarily submit to a background check (including, without limitation, social media searches) and/or medical testing, including without limitation psychological testing, if and as requested by Producer or Finmmax (and agree to execute all consents, authorizations, and releases in connection therewith to the maximum extent permitted by law); and (vii) I understand and agree that any offer to become a participant may be conditioned upon my submission to a background check (including, without limitation, social media searches) and medical testing, including, without limitation, physical and psychological examinations to be conducted by medical professionals and the certification of the medical professionals that I meet all physical and psychological requirements. I agree to provide to Producer additional information and/or supporting documentation, upon request from Producer, with respect to any of the statements made by me in connection with my application for and potential involvement with the Program (and agree to execute all consents, authorizations, and releases in connection therewith). I acknowledge that Producer or Finnmax reserves the right at any time to render ineligible any person who Producer or Finnmax determines, in its sole discretion, is sufficiently connected with the production, administration, or distribution of the Program such that his/her/their participation in the Program could create the appearance of impropriety.  Conversely, I acknowledge that Producer, Finnmax and/or the Network has the sole discretion to allow any person to remain part of the Program who may be acquainted with a person or entity connected with the production and/or administration of the Program if, in Producer’s, Finnmax’s and/or the Network’s sole discretion, Producer, Finnmax and/or the Network determines that such person’s involvement in the Program does not and will not affect the integrity of the Program.  I acknowledge and agree that, if Producer or Finnmax selects me for further consideration in the contestant selection process, I will complete and execute further agreements requested by Producer, Finnmax or Program distributors (collectively “Contestant Agreements”).  I acknowledge and agree that (a) unless and until I execute such Contestant Agreements, Producer and Finnmax will not consider me as a possible contestant for the Program.  I further understand and agree that Producer and/or the Network reserves the right to change any of the eligibility requirements at any time.
2.	Grant of Rights.  In consideration for my possible appearance in the Program and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby grant Producer, Finnmax and each of their respective employees, contractors, agents, representatives, officers, directors, assignees, designees, licensees (including, without limitation, Fox Broadcasting Company, LLC and/or any broadcaster or exhibitor which exhibit the Program or which has the right to exhibit the Program [collectively, “Network”]) and affiliated and related entities the following: 
a.	The absolute and irrevocable right and permission (but not the obligation) to interview me, audition me, photograph, film, tape and otherwise visually, audiovisually and/or by audio means record me and/or my voice (“Likeness”) by any method whatsoever (including, without limitation, via Skype), in and in connection with the Program and the advertising, publicity, promotions and marketing thereof and the business activities of Producer, Finnmax, Shazam and Network and any television network, channel or station, internet portal or website, broadcasting, licensing or otherwise distributing the Program.  In the event the Program is canceled or not broadcast for any reason, neither Producer, Finnmax, nor the Network will have an obligation to award any prizes or prize money.
b.	All rights of every kind and character whatsoever, whether now known or hereafter devised, in perpetuity throughout the universe in and to (i) any and all footage, tapes and/or other recordings taped, filmed, photographed, recorded and/or otherwise produced hereunder depicting me and any performances or actions made by me, (ii) material supplied by me (whether scripted or unscripted, written, spoken, sung, or otherwise uttered or expressed by me) and information given by me and/or captured on any such footage, tapes, and/or recordings (“Statements”), and (iii) all of the results and proceeds thereof (collectively, (i), (ii) and (iii) shall be referred to as the “Material”).  I acknowledge that the Material is specially ordered or commissioned by Finnmax for use as part of a motion picture or other audiovisual work and shall be considered a “work made for hire” for Finnmax, and therefore Finnmax shall be the author and copyright owner thereof for all purposes throughout the universe in perpetuity.  To the extent that such Material is not deemed a “work for hire” in any jurisdiction, I irrevocably assign, transfer and convey such Material to Finnmax including, without limitation, all copyrights, renewals, and extensions of copyrights therein, in all media now known or hereafter devised, throughout the universe in perpetuity. 
c.	The irrevocable right to reproduce, edit, rearrange, cut, dub, subtract from, add to, modify or juxtapose the Likeness, Statements and/or Material in any manner and to combine them with any other material.  I understand, acknowledge and agree that neither Producer nor Finnmax shall have any obligation to use any of the Likeness, Statements and/or Material in or in connection with the Program or otherwise.  
d.	The irrevocable, perpetual, nonexclusive right to use, reuse, copy, digitize, sublicense, transmit, distribute, publicly perform, publish, display, and make any other uses of the Likeness, Statements & Materials, in any media now known or hereafter devised, throughout the universe in any and all languages, in and in connection with the Program, any other program or content or otherwise, including without limitation the advertising, publicity, promotion, marketing or exploitation of the Program or other content, and any merchandising related thereto (including without limitation commercial tie-ins and the exploitation of any allied, ancillary and subsidiary rights in and to the Program or otherwise), and the business activities of Producer, Finnmax Shazam and Network, and any television network, channel or station, internet portal or website, broadcasting, licensing or otherwise distributing the Program, and each of their respective assigns, successors, indirect and direct parent, affiliated, related and subsidiary entities and their respective licensees and advertisers, and each of their respective employees, agents, members, officers and directors.
e.	I understand, acknowledge and agree that Producer and/or Finnmax may exercise any aspect of the foregoing granted rights without review by, compensation to, or approval by me or any other party, except as prohibited by law.
f.	I grant the rights hereunder whether or not I am selected to participate as a contestant in the Program in any manner whatsoever.  I release Releasees (as that term is defined below) from any and all liability arising out of its use of the Likeness, Statements and/or the Material, and I agree not to make any claim against Releasees as a result of the recording or use of the Likeness, Statements and/or the Materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity and/or any claims based on defamation, libel and/or false light and/or copyright, trademark or patent infringement).  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 any publishing rights, I hereby grant to Producer and Finnmax, and have the complete, unfettered right to grant to Producer and Finnmax, 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 in any and all languages.  
3. 	Representations and Warranties.  I hereby represent and warrant that: (i) I have the right to grant the rights granted hereunder; (ii) I have the right to enter into this Agreement; (iii) the consent of no other person, firm, corporation or labor organization is required for the grant of rights set forth herein or to enable Producer or Finnmax to use the Likeness, Statements and the Material as described herein; (iv) Producer’s and/or Finnmax’s use of the Material, Statements and Likeness hereunder will not violate the rights of any third party or entity; (v) Producer and Finnmax shall have the right to use the Material free and clear of any claims for royalties, residuals or other compensation, either by virtue of this Agreement or any guild or union agreement, which I acknowledge does not govern my relationship with Producer or Finnmax; (vi) I have answered all application questions completely, honestly and accurately, and I acknowledge that if any of the foregoing information is found to be false, inaccurate, misleading or incomplete, that this will be grounds for my dismissal from the Program contestant selection process and/or from the Program, if selected; (vii) I further understand and acknowledge that I will be required to enter into further agreements with Producer relating to my participation in the Program and (viii) I understand and agree that all decisions by the Producer and/or Finnmax concerning the selection of the contestants are final and not subject to challenge or appeal. 
4.	Confidentiality.  Without the express prior written consent of Producer and/or Finnmax, I shall not at any time, reveal, report, publish or disclose any information or trade secrets obtained or learned by me about the Program, including, without limitation, any information concerning or relating to the Program (including without limitation the contestant selection process [e.g., any meetings/interviews with producers, auditions, or callback auditions]), the contestants, all information regarding my application for the Program (including the fact that I am applying for the Program), the events contained in the Program, any ideas or the outcome of the Program or any episode associated therewith (collectively, “Confidential Information”).  This confidentiality obligation shall remain in place whether or not I am selected to participate in the Program, and shall continue both during and after my participation in the contestant selection process and, if I am selected as a contestant, my participation in and in connection with the Program, and shall continue regardless of whether or not an episode of the Program has been broadcast which may include some or all of the Confidential Information.  I further agree that any Confidential Information of which I become aware will only be used for the express and exclusive purposes for which Producer and/or Finnmax has instructed me to use the Confidential Information. 
5.	General Release.  To the maximum extent permitted by law, I, my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (collectively “Releasing Parties”) hereby irrevocably and unconditionally release and covenant not to sue Producer, Finnmax, UAMG Content, Apploff Entertainment, Shazam, Network, Fox Corporation, Sullivan Compliance Company, each of their respective direct and indirect parents, subsidiaries, affiliated and related entities and each of their respective directors, officers, principals, shareholders, members, joint venturers, employees, agents, contractors, representatives, attorneys, financiers, distributors, licensees, designees, successors and assigns, any and all advertisers and sponsors of the Program and their respective agencies and all persons and/or entities participating in the contestant selection process (collectively “Releasees”) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees) (collectively “Claims”) arising out of, resulting from, or by reason of my application for and/or participation in or in connection with the Program (including in connection with any casting activities), including, without limitation, any travel or casting activities I undertake in connection with my participation or potential participation in the Program, any exploitation, distribution, exhibition, advertising, publicity, marketing and/or promotion of the Program or my appearance on the Program, the failure of Producer or Finnmax to select me as a contestant, the cancellation of the Program, any relationship(s) I may or may not form with any other contestants or potential contestants in connection with the Program, or the exercise by Producer, Finnmax or anyone else of any rights granted by me under this Agreement, on any legal theory whatsoever (including without limitation personal injury, property damage, violation of privacy and publicity rights, false light, defamation, intentional or negligent infliction of emotional distress, breach of express or implied contract, breach of any statutory or other duty of care owed under applicable laws, infringement of copyright, trademark or patent, loss, limitation or reduction of any intellectual property rights and loss of earnings or potential earnings).
6.	Limitation of Remedies.  Without limiting any provision of this Agreement, my remedies for any breach of this Agreement by Producer, Finnmax or others will be limited to an action at law for damages (if any), and in no event will I be entitled to rescind this agreement or seek injunctive or any other equitable relief (including without limitation through any arbitration proceeding) in connection therewith or enjoin the production, distribution or other exploitation of the Program or any elements thereof, including without limitation the advertising, marketing, promotion, publicity and merchandising thereof.  
								
7.	Release of Unknown Claims.  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, and the release of liability contained herein, 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 WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.
Notwithstanding Section 1542 of the California Civil Code, this Agreement shall constitute a full release of liability in accordance with its terms.  I and the Releasing Parties 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 and Finnmax would not have accepted this Agreement or my application. 
8.	Indemnity.  I, individually and on behalf of the Releasing Parties, agree to defend (at indemnitees’ option), indemnify and hold harmless the Releasees from any and all Claims caused by or arising out of my application for and/or participation in and/or in connection with the Program, including, without limitation, any of the following: (i) any statement, action or omission made or taken by me or anyone else (including without limitation, other potential contestants) during or in connection with or relating to the Program; (ii) my failure to follow the instructions of Producer, Finnmax, Shazam, the Network, any of their respective officers, agents, representatives or employees, or anyone connected with the Program; (iii) my breach of any of my representations, warranties, undertakings, promises or obligations pursuant to this Agreement or the Program Rules (as may be promulgated and amended from time to time); and (iv) the use by Producer, Finnmax, Shazam, and/or Network and/or any of their respective licensees or assigns of any of the rights I have granted herein.
9.  	Governing Law. This Agreement shall be deemed to be entered into in Los Angeles County, California, and shall be governed by and interpreted in accordance with the laws of the State of California applicable to agreements executed and fully carried out within California (but not its conflict of laws principles). 
10.	Dispute Resolution/Binding Arbitration.  Producer, on behalf of itself and the Network, Finnmax and I acknowledge, understand and agree that any action, proceeding or litigation concerning this Agreement or my appearance or participation in the Program may only be brought in Los Angeles County, California, and that, subject to the arbitration proceeding below, the courts of Los Angeles County, California, shall have exclusive jurisdiction over me and the subject matter of any such proceeding.  The parties agree that any and all disputes, controversies or claims arising under or relating to this Agreement or any of its terms, including without limitation the applicability of this arbitration provision, any effort by any party to enforce, interpret, construe, rescind, terminate or annul this Agreement, or any provision thereof, and any and all disputes or controversies arising under or relating to my possible appearance or participation in the Program that are not otherwise barred or released pursuant to the terms of this Agreement (collectively, “Matters”), and cannot be resolved through direct discussions, the parties agree to endeavor first to resolve by mediation conducted in the County of Los Angeles by JAMS or its successor (“JAMS”).  If any Matter is not resolved, as set forth above, the parties then agree that it shall be resolved by binding arbitration conducted in accordance with the Streamlined Arbitration Rules and Procedures of JAMS through its Los Angeles, California office, in accordance with California law (available at http://www.jamsadr.com/rules-streamlined-arbitration/).  Any such arbitration shall be conducted by a single, neutral arbitrator, who shall also be a retired judge of a state or federal court, experienced in entertainment disputes, and selected from the JAMS’ panel of arbitrators proffered by its Los Angeles, California office.  If the parties cannot agree upon an arbitrator after good faith discussion, the arbitrator shall be chosen by JAMS pursuant to the requirements of this paragraph.  The parties agree that the arbitrator’s ruling in the arbitration shall be final and binding and not subject to appeal or challenge.  The parties further agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, must be treated as confidential and must 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; provided that such arbitrator(s) and their staff, the JAMS and its staff, the parties’ attorneys and their staff, and any experts retained by the parties.  The Federal Arbitration Act (9 U.S.C. § 1, et seq.) or its successor statute shall apply and govern the enforcement of this arbitration clause.  By agreeing to arbitration, the parties acknowledge that they have waived the right to a jury trial.  I further acknowledge and agree that the business realities of television productions of this nature, including the Program, create special circumstances for which Producer or Finnmax must be able to maintain its ability to seek injunctive relief and/or other equitable and/or provisional remedies.  Accordingly, the parties agree that nothing in this paragraph or in any of the applicable rules of JAMS shall prevent Producer, Finnmax or Network from seeking injunctive, equitable and/or other provisional relief outside of arbitration.  For example, a contestant’s premature or threatened disclosure in violation of the confidentiality provisions of this Agreement could result in a reduction of audience interest or other diminution in the value of the Program or Producer’s, Finnmax’s and/or the Network’s rights hereunder, which would cause Producer, Finnmax and Network irreparable injury and damage that could not be reasonably calculated or adequately compensated by damages in an action at law.  I hereby expressly agree that Producer, Finnmax and/or Network shall be entitled to injunctive and other equitable relief pursuant to California Code of Procedure section 1281.8 and any successor or similar statute.   			
11.	Severability, Assignment.  Without limiting the foregoing, any provision of this Agreement 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.  Producer and Finnmax (and their respective assignees and licensees) may freely assign, in whole or in part, any of their rights or obligations under this Agreement.  I may not assign any of my rights or obligations under this Agreement.
12.	Entire Agreement.  In signing this Agreement, I have not relied on any representations or other statements that are not contained herein.  No promises have been made to me other than as expressly set forth herein.  This Agreement shall supersede and replace all prior and contemporaneous oral, written and electronic communications, understandings and agreements between Producer, Finnmax and me relating to the subject matter hereof.  This Agreement sets forth the entire agreement between Producer, Finnmax and me with respect to the subject matter hereof and may not be altered or amended except by a writing signed by both parties.  
13.	Modification or Amendment. This Agreement cannot be changed, amended, modified or terminated except in writing signed by Producer, Finnmax and me.
14.	Waiver.  Any waiver of any term of this Agreement in a particular instance shall not be a waiver of such term for the future.  I agree that the invalidity or unenforceability of any part of this Agreement shall in no way affect the validity or enforceability of any other part thereof.  
I declare under penalty of perjury that all statements made by me in this Agreement are true.  The name given below is my legal name.  Any other name(s) or alias(es) used by me within the past seven years are also noted below.  I have been given ample opportunity to read, and have carefully read, this entire Agreement. I represent and warrant that I have the full right, power and authority to grant the rights herein.  I understand that Producer and Finnmax are making substantial expenditures in reliance upon my consent and that I may not revoke the rights I have granted herein.  I hereby certify that I intend to be legally bound hereby.  I acknowledge that I have been offered a copy of this Agreement.  I represent and warrant that I have had the opportunity to consult with my own legal counsel prior to signing this Agreement, and I have either so consulted with my own counsel or, in the alternative, I have voluntarily and on my own accord declined such opportunity.  By signing below, I am voluntarily and knowingly agreeing to the terms and conditions of this Agreement.

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.
I represent and warrant that I am 18 years of age or older (the age of majority in the state which I reside, if higher) and have the right to enter into this Agreement. I have read and understood the Agreement, and I understand that by filling in my name below, I agree to be legally bound to the terms of this Agreement.
WELCOME TO THE OFFICIAL CASTING PAGE FOR THE INTERACTIVE MUSICAL GAME SHOW, BEAT SHAZAM!
