Agreement | VILLAXO

Submission Agreement, CONSENT & RELEASE, AND ARBITRATION PROVISION

*DO NOT CHECK THE BOX ON THE APPLICATION PAGE UNTIL YOU HAVE READ ALL OF THE FOLLOWING ELIGIBILITY REQUIREMENTS & THE APPLICANT SUBMISSION AGREEMENT, CONSENT & RELEASE, AND ARBITRATION PROVISION *

Eligibility Requirements

You must be a Canadian citizen or permanent resident of Canada.

You must be at least 19 years of age or older as of the date on which you submit your application.

You must read and confirm your agreement to all of the terms and conditions of the Applicant Agreement.

All decisions with respect to your selection to be a participant in one or more television productions shall be made by 1546984 BC Ltd. DBA VillaXO (“VillaXO”) in its sole discretion.

If you are selected as a potential participant in a production produced by VillaXO, you will be required to execute such waivers and release agreements, including a participant agreement and release and any and all other agreements as required by VillaXO and/or the broadcaster of the production (the “Network”), or any of their licensees, successors or assigns.

SUBMISSION AGREEMENT, CONSENT & RELEASE AND ARBITRATION PROVISION

As an inducement to VillaXO to consider my Application to be a participant in the television series currently entitled “VillaXO”, as produced by or for VillaXO (each, a “Program”), I represent, warrant and agree that I have read, understood and voluntarily agree to abide the terms and conditions of the following Submission Agreement, Consent & Release and Arbitration Provision. I acknowledge that my entering into this Agreement is a requirement in order to be considered as a participant on the Program, and I deem it to be in my best interest to enter into this Agreement.

In consideration of being considered for participation in the Program (whether or not I am selected as a participant in the Program) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby represent and warrant that the following statements are true and correct and that I irrevocably agree to the terms and conditions contained herein:

1. I hereby consent to the production, reproduction, broadcast, publication, exhibition, distribution, adaptation, recording, use and reuse by VillaXO, Force Four Entertainment Inc., Cascade Productions Ltd. (t/a Remedy Productions Canada Ltd.), the Network, their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities and each of the respective employees, agents, officers and directors of the foregoing entities (collectively, the “Releasees”) of my voice, actions, likeness, name, sobriquet, appearance, biographical material, and any information contained or derived from my Application, including, without limitation, any copyrighted or trademarked material owned and/or controlled by me, any recordings or still pictures of me SUBMITTED AND/OR taken during the participant selection process and/or contained in any materials submitted by me in connection with my Application, including the audition tape (collectively, the “Likeness”), as such Likeness may be edited, altered, or modified by VillaXO, in any and all media now known or hereafter devised, throughout the universe in perpetuity, in or in connection with the Program or any other production. I agree that the Releasees 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 grant irrevocably to and agree that the Releasees shall own exclusively any and all right, title, and interest (including, without limitation, all copyrights) in and to any video, any recordings or still pictures of my portfolio and any other materials that I have provided or may provide in connection with this Application, the Program and the participant selection process and in and to any video, recordings or still pictures taken during the participant selection process of any materials provided by me, including, but not limited to, the Materials and acknowledge and agree that the Releasees may, in their sole and unfettered discretion, edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised throughout the universe, in perpetuity. I represent and warrant that the Materials (specifically including, without limitation, any photographic or videotaped material) will be free from any material that is libellous, defamatory, profane, obscene, pornographic or graphically violent, and will not contain any content that is contrary to law or which places any of the Program participants appearing on or off camera at serious risk or harm. I hereby expressly waive, to the fullest extent permitted by law, any so-called “moral rights” which may now or may hereafter be recognized by legislative enactment or otherwise at law or in equity with respect to the audio-visual productions and/or sound recordings produced and/or recorded for the purposes of the Program. I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement relating to the Program and/or any other production or sponsor thereof. 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 and/or use of my Likeness, the Submitted Materials (as hereinafter defined) 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 signing this agreement, the sole consideration for which being VillaXO’s consideration of me as a possible participant in a Program, which I acknowledge is good, valuable and sufficient.

2. I acknowledge that: (i) I have read, understand and agree to be bound by the eligibility requirements; (ii) I have answered the questions in my Application honestly, accurately and completely; (iii) if any of the information in this Application is found to be false or incomplete, this will be grounds for dismissal from the participant selection process and/or from the Program, if selected; (iv) even if I meet the eligibility requirements, VillaXO has no obligation to interview me and/or select me as a participant or potential participant; (v) I agree to keep strictly confidential all information about any Program that I acquire during the participant selection process and/or my participation in such Program; (vi) my voice, action, and likeness will be recorded as a part of this Application and participant selection process, and I understand that VillaXO may, but is in no way obligated to, use such recordings within a Program or in any other manner; (vii) even if I am selected as a participant or potential participant, VillaXO has no obligation to produce any Program and the Network has no obligation to exhibit it, even if conducted and produced; (viii) all decisions by VillaXO concerning selection of the participants are final and not subject to challenge or appeal; (ix) VillaXO has no obligation to return any materials (including DVD’s, videotapes and written or other materials) (collectively, the “Materials”) provided by me to VillaXO or its representatives at any time in connection with the Application, the participant selection process, and/or the Program, whether or not I am selected as a participant, and VillaXO may, but is in no way obligated to, use any such materials in a Program or in any other manner as set out herein; (x) I shall not give or agree to give any member of the production staff and anyone associated in any manner with a Program, or any representative of VillaXO or Network any compensation or anything else of value to arrange my appearance on a Program or to accept or agree to accept anything of value to promote any product, service or venture on a Program, or use any prepared material containing such a promotion; and (xi) if I am selected as a participant, my entire performance in the Program, together with any and all materials I may use or contribute in the Program, shall be wholly original to me.

3. With respect to all creative materials submitted by me with or as part of my application, including all photographs, video, any concepts, ideas, characters, plots, themes and stories embodied therein (collectively, the “Submitted Material”), I represent and warrant the following: (a) I have the exclusive and unconditional right and authority to enter into this agreement and to submit the Submitted Material to VillaXO; (b) that no other person or company has any rights or interests in the Submitted Material; (c) that the rights to the Submitted Material are free and clear of any liens, claims or encumbrances; and (d) that there has not been and currently is no claim, action, suit or proceeding relating to the Submitted Material or the intellectual property rights in the Submitted Material. I recognize the possibility that the Submitted Material may be identical with or similar to the material which has or may come to VillaXO from other sources, or which has been independently developed by VillaXO. I acknowledge that VillaXO’s use of material containing features or elements similar to or identical with those contained in the Submitted Material shall not obligate VillaXO to negotiate with me nor entitle me to any compensation if VillaXO determines that it has an independent legal right to use such other material which is not derived from me (either because such features or elements were not new or novel, or were not originated by me, or were or may hereafter be or heretofore independently created and submitted by other persons, including VillaXO’s employees or contractors).

4. I agree to take such further action, in writing (including, without limitation, execution of affidavits and/or other documents), reasonably requested by VillaXO to effect, perfect or confirm VillaXO’s and Network’s rights in the Materials and my Likeness, which such rights shall include, without limitation, the rights to use, modify, reproduce, publish, perform, display, distribute, make derivate works of and otherwise commercially and non-commercially exploit the Materials and my Likeness in perpetuity and throughout the universe, in any manner or medium now existing or hereafter developed, without additional consideration or compensation to me or any other person or entity.

5. I understand that the participant selection process will involve subjective decisions made by VillaXO and/or Network in their sole discretion. I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal.

6. I hereby release VillaXO, Network, any television station or channel, cable network, or satellite network that airs the Program, any broadcasters that distribute the Program, the other participants and participants in the Program, the advertisers and promotional agencies connected with the Program, all other persons and entities connected with the Program, each of their respective parent, subsidiary and affiliated companies of the foregoing, and each of their respective officers, directors, agents, representatives, employees, successors, assignees, and licensees (collectively, the “Released Parties”) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees) arising out of, resulting from, or by reason of, my participation in or in connection with the Program, including, without limitation, my participation in the participant selection process of the Program, any exploitation of the Program or my appearance on the Program, the failure of VillaXO to select me as a participant, or the exercise by VillaXO of any rights granted by me with respect to the Program on any legal theory whatsoever (including, but not limited to, personal injury, rights of privacy and publicity, false light, and defamation) (the “Released Claims”). The Released Claims specifically include, without limitation, any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind resulting from the actions of another participant or any other third party at any time.

7. With respect to the information provided by me in this Application, including but not limited to all “personal information” collected by VillaXO and/or or its authorized agents pursuant to the terms hereof:
(a) I authorize VillaXO and/or its authorized agents 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 document that I have signed or do sign 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 VillaXO and/or its authorized agents to secure information about my experiences from any third parties, including any references I provide, and I irrevocably authorize such parties to provide information concerning me. In the course of these investigations, I agree that VillaXO and/or its authorized agents may disclose to the foregoing entities personal information that I have provided in this Application or that VillaXO has obtained from third parties, if VillaXO determines, in its sole discretion, that disclosure to a third party is necessary to carry out any services VillaXO requires to produce the Program.
(b) In connection with my potential selection as a participant in a Program, I authorize VillaXO to conduct psychological and physical examinations and background investigations of me if required by VillaXO in VillaXO’s sole discretion. I further authorize the individuals conducting such examinations and investigations of me to disclose to VillaXO and to VillaXO’s representatives all information about me obtained in connection with such examinations or investigations. Additionally or in the alternative (in VillaXO’s sole discretion), I will provide VillaXO with certification from my personal physician stating that I am physically fit and have no medical condition that would prevent me from participating in a Program, and that engaging in such Program would not endanger my health in any way or give rise to any medical condition or exacerbate any medical condition I may have.
(c) I hereby unconditionally and irrevocably release and forever discharge the Released Parties and all such parties and persons from any and all liabilities arising out of or in connection with any such investigations and arising out of the collection, use and disclosure of my personal information in the ways stated in this Application and agree not to make any claim against Released Parties in respect of such use (including, without limitation, any claim that such use invades any right of privacy and/or publicity and any claims based on defamation or false light).

8. I am not currently a member of any performing arts union or guild. If I am, or have ever been, a member of any performing arts union or guild, I agree that my participation as a participant 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 me to any wages or salary or other similar compensation.

9. Whether or not I am selected to be a participant on a Program, I shall keep in strictest confidence and shall not disclose to any other applicant, participant or other third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any information or materials of any kind, including without limitation, any information or materials concerning or relating to VillaXO or to Network, the business of VillaXO or Network, any program produced by VillaXO and/or exhibited by Network, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, or the outcome of any contest in or episode of the Program, that I read, hear or otherwise acquire or learn in connection with or as a result of my applying to be a participant on the Program or (if I am selected to be a participant) as the result of my experiences as a participant on the Program (collectively, the “Information and Materials”). I acknowledge and agree that the Information and Materials are confidential and the exclusive property of VillaXO and/or Network. At no time will I ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Information and Materials.

10. I acknowledge that in the event I breach the confidentiality or any other provisions of this Application, my breach may, in the sole discretion of VillaXO and/or Network result in my being disqualified to participate as a participant in the Program. I further acknowledge that a breach by me of any of the confidentiality provisions of this Application would cause VillaXO and Network 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 VillaXO and Network shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of any of the confidentiality provisions of this Application by me. I further agree to execute any and all non-disclosure and confidentiality agreements as may be required by VillaXO in connection with my participation in a Program, which agreements may provide for VillaXO to recover liquidated damages and/or disgorgement of revenues from me in the event of a breach thereof.

11. As used herein, “VillaXO” shall include 1546984 BC Ltd., its licensees, successors and assigns, and each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, shareholders, employees, agents, representatives, successors, licensees and assigns. I agree that VillaXO may license, assign, and otherwise transfer this Application and all rights granted by me under this Application to any person or entity.

The Provisions of this Application shall enure to the benefit of the successors and assigns of Released Parties and shall be binding upon the heirs, executors, administrators and representatives of the undersigned.

This Application will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. All disputes and controversies relating to your Application, this agreement, and/or a Program shall be referred to arbitration under the Commercial Arbitration Act (British Columbia). Such arbitration will be conducted by a single mutually agreed-upon person experienced in the film or television field. Any decision resulting from such arbitration shall be final and binding and may be enforced in the courts of British Columbia.

I have been given ample opportunity to read, and I have read, this entire agreement. I certify that I have made an investigation of the facts relevant to this agreement and of all the matters pertaining thereto as I have deemed necessary, that I fully understand the contents of this agreement and that I intend and agree to be legally bound by this Agreement. Each statement that I have made in my Application is true. This agreement shall constitute a binding and enforceable agreement between myself and VillaXO.

I hereby certify, represent and warrant that all statements, disclosures and representations made by me in my Application, in any other document or agreement that I have signed or will sign in connection with a Program or my participation in a Program, and that I otherwise provide to VillaXO, the Network, or to anyone acting on their behalf, are true, accurate and complete. Without in any way limiting the foregoing, I certify that I have not withheld or mischaracterized any information regarding myself or my background.