By submitting an application to the Producer with your story, you agree that you have read, meet and agree to the following eligibility requirements, additional terms and releases.
• YOU MUST BE A LEGAL U.S. RESIDENT.
• YOU MUST BE 18 YEARS OF AGE OR OLDER.
• YOU MUST HAVE NO FELONY CONVICTIONS.
• YOU MUST NOT BE A CANDIDATE FOR PUBLIC OFFICE UNTIL AT LEAST ONE (1) YEAR AFTER THE INITIAL BROADCAST OF THE LAST EPISODE OF THE PROGRAM IN WHICH YOU APPEAR.
• NEITHER YOU NOR ANY MEMBER OF YOUR IMMEDIATE FAMILY OR ANYONE LIVING IN YOUR HOUSEHOLD MAY BE OR MAY HAVE BEEN WITHIN THE PAST ONE (1) YEAR AN EMPLOYEE, OFFICER, DIRECTOR OR AGENT OF ANY OF THE FOLLOWING (A) BONGO, LLC ("PRODUCER"); (B) THE ABC TELEVISION NETWORK OWNED BY AMERICAN BROADCASTING COMPANIES, INC. ("NETWORK") OR ANY OF THEIR RESPECTIVE DESIGNEES, LICENSEES, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS AND/OR ASSIGNS.
• PRODUCER RESERVES THE RIGHT TO MODIFY OR ADD TO THESE ELIGIBILITY REQUIREMENTS.
ADDITIONAL REQUIREMENTS AND RELEASES
1) If selected as a participant, you must execute all waivers and agreements required by Producer, Network or any of their respective designees, licensees, affiliates, parents, subsidiaries, successors and/or assigns.
2) YOU MUST BE WILLING TO SUBMIT MEDICAL INFORMATION TO THE PRODUCTION AND SUBMIT TO MEDICAL EXAMINATIONS, PSYCHOLOGICAL EXAMINATIONS AND/OR BACKGROUND CHECKS IF AND TO THE EXTENT REQUIRED BY PRODUCER.
3) NEITHER YOU NOR ANY MEMBER OF YOUR IMMEDIATE FAMILY OR ANYONE LIVING IN YOUR HOUSEHOLD MAY BE OR MAY HAVE BEEN WITHIN THE PAST ONE (1) YEAR AN EMPLOYEE, OFFICER, DIRECTOR OR AGENT OF ANY PERSON OR ENITY INVOLVED IN THE DEVELOPMENT, PRODUCTION OR DISTRIBUTION OF THE TELEVISION PROGRAM TENTATIVELY ENTITLED "THE REVOLUTION" ("PROGRAM").
4) In exchange for Producer's consideration of you as a participant in the Program, you hereby give the following acknowledgements, consents and releases:
(a) I hereby represent, warrant, acknowledge, and agree that: (i) I have read, and I meet and agree to be bound by the eligibility requirements; (ii) all of the information contained in my submission to Producer is honest and accurate; (iii) if any of the information in my submission to Producer is found to be false or incomplete, this will be grounds for my immediate dismissal from the participant selection process, or the Program itself (if already selected); (iv) even if I meet the eligibility requirements, 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 Network has no obligation to broadcast it, even if produced; (vi) all decisions by Producer concerning selection of the participants is final and not subject to challenge or appeal; and (vii) Producer has no obligation to return any materials submitted by me as part of my submission to Producer whether or not I am selected as a participant.
(b) By sending an submission to Producer, I hereby consent to the recording, use and reuse by Producer, Network and any of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representative, officers and directors (collectively "Releasees") of my voice, actions, likeness, name, appearance, biographical material, and any information (including private or otherwise confidential medical information) contained in, derived from or obtained in connection with my submission to Producer or in any materials or information submitted by me in connection with my application to be a participant in the Program (collectively "My Likeness and Information"), 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 Information, 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 made by them and in and to any and all videos, photographs or other recordings that I have provided in connection with my submission to Producer and any other materials that I have provided or may provide in connection with my application to participate in 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 My Likeness and Information in any and all media now known or hereafter devised worldwide, in perpetuity. I further agree that Releasees may use My Likeness and Information and the Materials 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 agree not to make any claim against Releasees as a result of the recording or use of My Likeness and Information and/or the Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity). I understand that I will not be paid any money for giving Releasees these rights or for sending an submission to Producer.
(c) 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 submission to Producer, 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 Producers 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 investigation 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, and authorize Producer to utilize such information in selecting participants for the Program. I acknowledge and agree that any such information obtained by Producers or by any person or entity designated by Producers 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.
(d) I acknowledge and understand that it is of the essence to this release, and 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 submission to Producer, the Program, the Materials, and/or My Likeness and Information, including without limitation: (i) my application for, preparation for, travel in connection with, participation and appearance in or elimination (if applicable) 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 by 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.
(i) I, on behalf of myself and the other Releasing Parties acknowledge that there is a possibility that subsequent to my submission to Producer, I or they will discover facts or incur or suffer claims which were unknown or unsuspected at the time I sent my submission to Producer, and which if known by me or them at that time may have materially affected my or their decision to send an submission to Producer. I and the other Releasing Parties acknowledge and agree that by reason of my submission to Producer, and the release contained in the preceding subsections, I, on behalf of myself and the other Releasing Parties, am assuming any risk of such unknown facts and such unknown and unsuspected claims. I and the other Releasing Parties 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 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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. I and the other 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 release, and without such waiver I would not have been permitted to audition or become a participant in the Program. I, on behalf of myself and the other Releasing Parties, hereby represent that I and they have been advised by their legal counsel, acknowledge and understand the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.
(ii) To the extent applicable law would limit the operation of this release in any way, or invalidate any provisions hereof, such limitation or invalid provision shall not operate to invalidate this paragraph in its entirety; rather, this paragraph shall be deemed to operate and to be effective to the maximum extent permitted by law.