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EXHIBIT 3

FILED: NEW YORK COUNTY CLERK 10/16/2014 05:10 PM


INDEX NO. 158209/2014
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/16/2014
PARTICIPANT AGREEMENT
Date:
Project: ___ '..:.'N_,_,a::.:;k:.::e:.:::d....:D:.:a:..:t""'in:.s::g._"_____ _
Producer: Firelight Entertainment, Inc.
4111 W. Alameda Ave., Suite 409
Burbank, CA 91505
Participant: 'Ze._ _w_.;..\1'...:..::z=-
Participant
Address:
("Participant" or "me" or "I" or "my")
__________________ ("Producer")
This agreement together with all exhibits attached hereto, sets forth the terms of the agreement (the
"Agreement") between Producer and me with respect to my potential appearance and participation in a reality
television series (the "Series") documenting my experiences (including those for which I may have a reasonable
expectation of privacy but for the terms herein, including without limitation, being nude or partially nude
during such appearance and participation) in and in connection with a project to be produced by Producer
tentatively entitled "Naked Dating" currently intended for initial exhibition on the VH1 cable programming
service (the "Network"), part of Viacom Media Networks ("VMN"), a division of Viacom International, Inc. As
used herein, the term "Project" will mean the Series, the Interviews (as defined herein), Additional Materials (as
defined herein), any Audition/Casting Materials (as defined herein) and all elements thereof and all ancillary and
derivative materials thereof of any kind, including, without limitation, the Material and Rights (as defined
herein) related thereto.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged (and
including, but not limited to, the opportunity to be considered to be a participant in a reality television program,
the benefits that I will receive as a participant in the Project (if selected) and the right to receive the Rights
Payment (as defined below in Section 7), I make the following acknowledgements, representations, warranties,
disclosures, covenants and agreements:
1. CONDITIONS PRECEDENT: This Agreement and all of Producer's obligations herein are contingent upon
and subject to the following conditions (the "Conditions Precedent"): (a) Producer's receipt and acceptance of
fully-executed originals of this Agreement (including all exhibits hereto), in the form submitted to Participant by
Producer as the form for execution; (b) Participant's compliance with all insurance and governmental
requirements, including completing, signing and delivering to Producer all required background check forms,
medical and psychological examination forms, tax forms and immigration forms; and (c) Producer's receipt of
any and all Participant information and documentation required or requested by Producer in connection with
statutory record-keeping and identification verification regulations.
2. NATURE OF PROJECT:
A. General: Producer may film, tape and otherwise record (audio/visual) (including. without
limitation. if I am nude or partially nude} events relating to or occurring in my life, including my relationships
and interactions with Project personnel and other participants in the Project as well as events relating to my life
and portions of my life story, including my relationships with my family, current and former spouses, friends,
boyfriends, girlfriends, employers, supervisors, co-workers, competitors, and the like before, during and after all
phases of the Project (to the extent that such later events and life story relate to my experiences in and/or
related to the subject matter of the Project), and all events, set-ups, scenarios, settings, reenactments, re-
stagings, and occurrences arranged for by Producer, if any, (collectively, "Events") as well as any Interviews, so
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that Producer can produce episodes of the Project and other materials for the Project, and so that Producer
and/or any of Producer's respective licensees, designees, successors and assigns can distribute, exhibit,
advertise, promote, and/or otherwise use and/or exploit the Project. If selected to be a participant in the
Project, I shall appear as myself. My appearance shall not be a performance, shall not constitute an
employment relationship between me and Producer, the Network or VMN, shall not be subject to any union or
guild collective bargaining agreement, and shall not entitle me to any wages, salary, corporate benefits, workers'
compensation benefits, or other compensation of any kind, under any such collective bargaining agreement or
otherwise, other than the Rights Payment (as applicable and as defined herein). Nothing in this Agreement or
any conduct pursuant hereto shall constitute an agency relationship between me, on the one hand, and
Producer or the Network, on the other hand, and I shall have no authority to speak or act on behalf of Producer
or the Network whatsoever, except as may otherwise be expressly required or permitted by Producer or the
Network, respectively. My participation in the Project may lead to emotional strains and pressures on me
before, during and after my participation in the Project. Accordingly, I understand that, in and in connection
with the Project, I may reveal and/or relate, and other parties (including, without limitation, other Project
participants, Producer, the Network and/or VMN), may reveal and/or relate information about me of a personal,
private, surprising, defamatory, disparaging, embarrassing and/or unfavorable nature, which may be factual or
fictional. My appearance, depiction and/or portrayal in the Project (including. without limitation. the fact that I
will appear naked or partially naked). and my actions and the actions of others displayed in the Project, may be
disparaging, defamatory, embarrassing or of an otherwise unfavorable nature and may expose me, my friends,
co-workers and/or family to public ridicule, humiliation or condemnation. While such conduct might otherwise
constitute an actionable tort, I freely and knowingly consent to such conduct. Producer shall, during all
Production Periods (as defined below), have full access to and may record all of my activities and life
experiences. I agree to not mislead Producer or withhold information about such activities and life experiences
so as to hinder, impede or delay (as determined by Producer) production, exhibition, exploitation or distribution
of the Project. My participation in the Project may lead to critique of my abilities and possible termination,
dismissal, demotion or promotion from my current job and/or impair my ability to find future employment and I
hereby assume all risks related thereto. I am voluntarily participating in the Project and related activities with
full knowledge, appreciation and understanding of the personal risks involved, and I hereby agree to accept all
such risks of participating in the Project. Certain of my activities in connection with the Project may be
considered hazardous and/or dangerous (including. but not limited to. being naked during the filming of the
Pro!ect). I am voluntarily engaging in such hazardous activities and I accept and assume the entire risk of any
loss, damage or injury to me or any other person or property resulting from or relating to me engaging in such
hazardous activities. In addition to my signature on this Agreement being a condition of Producer permitting
me to be a participant in the Project, my signature on the Release of Liability and Assumption of Risk
Agreement attached to this Agreement as Exhibit "D" hereto is also a condition to Producer permitting me to
be a participant in the Project.
B. Audition and Casting: Producer may interview me and/or photograph, film, videotape
(including. without limitation, naked or partially naked) reproduce, portray and/or otherwise record me and
my name, voice, persona, appearance, signature, photograph, portrayal, characteristics, biographical
information, image and/or likeness as part of the audition and casting process for the Project. The photos and
recordings produced in connection therewith shall be referred to herein collectively as the "Audition
Recordings". As part of the audition/casting process, I also may provide Producer with photographs, videos,
applications, writings, letters, biographical information, and any other material (collectively, "Pre-existing
Material"), and I hereby grant Producer a gratis, irrevocable license to exploit such Pre-existing Material in and
in connection with the Project to the full extent of the Rights granted by me in the Material as set forth in this
Agreement. Pre-existing Material received by Producer will not be returned, and Producer shall not be
responsible for any loss, destruction, or other disposition thereof. I agree to provide to Producer only copies of
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material which is of sentimental or other value to me, and to retain the originals. The Pre-existing Material and
the Audition Recordings shall be referred to herein collectively as the "Audition/Casting Materials."
3. DEVELOPMENT /CYCLE OPTIONS:
A. In the event Producer selects me to appear as a participant in the Project, Producer shall have
the exclusive, irrevocable option (the "Initial Option") to have me participate and appear in the first cycle of the
Series (the "First Cycle"), on dates determined by Producer, and subject to the terms and conditions of this
Agreement. Such Initial Option shall be exercisable by Producer, if at all, at Producer's sole discretion, by
written notice to me from Producer on or before the date that is six (6) months following after full execution of
this Agreement (the "Initial Option Period"). Producer shall have the right to extend the Initial Option Period
for an additional three (3) months for a one-time fee of five hundred dollars ($500).
B. I hereby grant, and Producer shall have one (1) additional, dependent, exclusive, irrevocable
option ("Additional Option") to have me participate and appear in up to one {1) additional cycle of the Series
(along with the First Cycle, shall be referred to herein as a "Cycle" or specifically as the "Second Cycle"). The
Additional Option shall be exercisable by Producer, if at all, no later than six {6) months following the initial
exhibition of the final episode of the First Cycle. The Initial Option and the Additional Option shall be an
"Option". Producer shall have the right to terminate this Agreement at any time with or without cause or
justification. If Producer terminates this Agreement without cause or justification, Producer's obligations
hereunder shall be fully satisfied by payment of the Rights Payment.
C. Even if Producer elects not to exercise any one of the Options above, I understand and agree
that I will not have any right, title or interest in any of the materials of the Project, including but not limited to,
the Series and/or any episode of the Series or other materials of the Series (regardless of whether I appear in
such materials), all of which I acknowledge will remain, as between me, Producer, the Network and VMN, the
sole property of Producer, the Network and VMN.
D. I warrant that there is no existing obligation, created by law or otherwise, or disability (mental
or physical), which would prevent or restrict me from entering into and fully performing this Agreement, and
that I do not now have nor will I enter into any contractual commitment that conflicts with the terms and
conditions of this Agreement.
4. PARTICIPATION:
A. Production: I agree to participate in connection with the pre-production and production of the
Project as and to the extent required by the Producer on such dates as Producer may designate, subject to the
"Production Protocols" referenced herein at Section 4.J. and set forth in the attached Exhibit "F". In the event
Producer exercises the Initial Option or any Option, Producer will advise me of the production schedule for each
cycle of the Series when such schedule is available to other on-camera participants in the Project. Due to the
nature of the Project as a reality production, Producer cannot anticipate day-to-day changes to the production
schedule, and I agree to cooperate with Producer in good faith with respect to any changes in the production
schedule, I will be reasonably available in the event of such changes and, in any event, I will not act to frustrate
the purposes of this Agreement. As a convenience to the other participants and to facilitate the production of
the Project, Producer may require that I appear at one or more locations (as defined below) at particular times
during the Production Periods to participate in Events (as defined below). In addition, I will meet with, and be
interviewed, from time-to-time by Producer and other Project personnel, both on-camera and off-camera, in
connection with the Project as required by Producer (the "Interviews"). As used herein, "Production Periods"
shall mean production periods for the production of regular Series episodes, including pre- and post-production
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periods and any extended weeks (e.g., due to production overruns, force majeure events or additional episode
orders) attributable to the production of regular Series episodes.
B. Access: Producer, the Network, VMN and all oftheir respective licensees, designees, successors
and assigns (each individually and all collectively, "Assignee") shall have the right to videotape, film, portray,
photograph and otherwise record me, my actions and my voice (and other sound effects) during Production
Periods on an up to a 24-hours-a-day, 7-days-a-week basis, whether by requesting me to wear a microphone
(which Producer may require, in its sole discretion) or not.
C. Locations: The location(s) where taping of the Project will occur is presently to be determined
and may take place at other locations as Producer may designate (together, the "Locations"), subject to
Producer's sole right to change the Locations. Participant will be videotaped, filmed and otherwise recorded
(including, without limitation. nude or partially nude) for the Project at the Locations. However, the time,
place and manner in which Participant may be videotaped, filmed and otherwise recorded shall not be limited in
any way and may occur at any time and at any place, whether or not at the Locations.
D. On-Camera Participation: Producer and its designees may film, tape, portray, photograph and
otherwise record (audio/visual) (collectively, "Recordings") me (including. without limitation, nude or partially
nude). my likeness and appearance (whether photographic or otherwise), my voice (and other sound effects),
my actions, personality, signature, biographical information, name, nickname, sobriquet and personal
identification and any other indicia of my identity (e.g., catchphrases) (collectively, my "Likeness"), my
conversations, my statements, my activities, etc. (collectively, my "Appearance") during and in connection with
my participation in the production, exhibition, advertising, publicity, promotion, merchandising and other
exploitation of the Project. Each of my Likeness and Appearance shall be considered a part of the Material as
defined in Paragraph 6 below. Producer may make such Recordings of my Likeness and Appearance at various
locations, including, without limitation, any Location. In connection thereto, Producer may require me to wear a
microphone (wireless or otherwise) and to be accompanied by Producer's film crew and representatives for
periods during my participation in the Project. Producer may also use my name, nickname, sobriquet, personal
identification and any other indicia of my identity in and in connection with the Project title. Producer may
place recording devices (microphones, cameras, etc.) at various locations, which such devices may or may not be
visible to me and the existence and/or locations of such devices may or may not be disclosed by Producer or any
other person. Without limiting the foregoing, I acknowledge that at all times during my participation in and in
connection with the Project, all of my activities (including, without limitation, my Appearance) may be recorded
by Producer (with or without my knowledge). During my participation in the Project, as part of my Appearance,
Producer may require me to re-create, re-enact or repeat certain actions, activities, statements etc. that I have
already made as part of my Appearance. Further, as part of the Project, Producer may, from time to time,
choose to influence, dramatize and suggest circumstances, settings and events (including statements, opinions
and actions by myself and other participants) in any manner (for example, I or other participants may be asked
to say or do things that heighten the emotional or dramatic impact of the Project and/or productions, but which
acts or actions are rendered solely at the request of Producer and may not otherwise have occurred), and I may
not always be aware of such circumstances, settings, or events. I shall comply with such instructions from
Producer and fully cooperate with Producer in connection therewith. I acknowledge and agree that I am not
relying on any promises or statements made by anyone that are not contained herein, including any
representations about the Program's topics, situations, content or participants. I understand that the Project's
topic, situations, content and participants may be different than I expect. Additionally I acknowledge and agree
that I may experience one or more surprises (e.g., a secret or other unknown fact may be revealed to me) in
connection with my appearance on the Project.
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WITHOUT LIMITING THE FOREGOING, I ACKNOWLEDGE THAT DURING PARTICIPATION IN THE
PROJECT, I SHALL HAVE NO EXPECTATION OF PRIVACY AND THAT ALL OF MY ACTIONS MAY BE RECORDED
(INCLUDING BY HIDDEN CAMERAS AND LISTENING DEVICES) AND USED BY PRODUCER, INCLUDING WITHOUT
LIMITATION IN AND IN CONNECTION WITH THE PROJECT AND ALL ANCILLARY AND DERIVATIVE MATERIALS
THEREOF. NOTWITHSTANDING THE FOREGOING, PRODUCER AGREES THAT, WITHOUT MY CONSENT, WILL
NOT USE FOOTAGE OF ME IN BATHROOMS WHEN I AM SHOWERING OR ACTUALLY ENGAGING IN PRIVATE
ACTIVITIES, OR IN BEDROOMS WHEN I AM ACTUALLY SLEEPING.
E. Post-Production Participation: At Producer's request, I shall be available for any additional
taping or post-production activities that may be required after the end of taping of the Series, the Project and/or
any Cycle, including pre-records, wrap-arounds, interviews and any Additional Materials (as defined in Section
4.F. below). In addition, I agree to participate in post-production consultation and/or recording sessions (which
sessions may be filmed, taped or otherwise recorded) regarding my experiences and perceptions during
production of the Project.
F. Additional Participation: I agree to participate in the production of the additional materials during
Production Periods, and if outside of Production Periods, subject only to my contractual, professional availability
(provided that I shall use reasonable, good faith efforts to make myself available as and when reasonably
required by Producer), at a location to be determined by Producer. "Additional Participation" shall mean
additional participation (separate and apart from my participation in connection with the regular Series episodes
or promotional appearances) in connection with the production of additional materials, including but not limited
to: (i) enhancement materials, including host wraparounds, on-screen commentary, voiceover materials, mini-
episodes, so-called "after shows," behind-the-scenes content, and other extended programming content; (ii)
promotional spots, including sponsor co-branded promo spots and interstitials, trailers and in-store sales tapes;
(iii) gaming content, including voiceover and image/motion capture materials; (iv) graphics/wallpaper content
(e.g., talent photos) and audio content (e.g., voicetone/voice ringback content); (v) any television special (e.g.,
launch or finale specials), compilation (e.g. so-called "cram sessions," recap episodes or other clip shows),
reunion or "best-of" programs; alternative versions of Series episodes (e.g., so-called "remix" episodes); and/or
extended episode content (e.g., to create so-called "super-sized" versions of episodes) in connection with the
Project; (vi) virtual reality environments and community applications, websites (including social networking or
user-generated or user uploaded content-based sites, so-called "verticals" [e.g., IAmOnMTV.com]); (vii)
webpages or weblogs (which may be text, audio and/or audio-visual) about my experiences in the Project, etc.)
to be written and/or maintained by me (each, a "Biog") as instructed by Producer and subject to Producer's
right to edit and/or otherwise approve all elements thereof; (viii) as requested by Producer, "tweets" from my
personal Twitter account during and after the taping of the Series to promote the Series or the Network, subject
to Producer's right to edit and/or otherwise approve all elements thereof; and (ix) other similar materials (i.e.,
materials other than regular Series episodes), for all media whether now known or hereinafter devised,
including without limitation, home video/DVD or other similar platforms, wireless, online or any other
interactive platforms (collectively, the "Additional Materials").
G. Sponsor Integrations: The Project, including the advertising, marketing and promotion thereof,
may contain product placements, product integrations, sponsor identifications, product demonstrations,
sponsored Project promotional announcements or interstitials and/or other similar sponsor-related references,
information or activities (collectively, "Sponsor Integrations"). I agree that I will actively participate in and with
such Sponsor Integrations, if and as required by Producer, including, without limitation, naming, identifying,
wearing, using, describing, demonstrating and/or otherwise referring to, or interacting with, sponsor products,
services and/or brands (each, a "Sponsor Activity").
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H. Exclusivity:
i. If I am selected to participate in the Project and the Project is produced, I agree, for the
period commencing with the effective date of this Agreement and continuing through and including one
(1) year after the initial exhibition of the last episode of the Series (the "Exclusivity Period"), that my
appearance and participation hereunder will be exclusive to Producer in all media. If Producer does not
exercise its Initial Option hereunder, the Exclusivity Period shall expire upon the expiration of the Initial
Option Period. Other than my participation and appearance in the Project, I shall not to appear on or in,
or participate in any way with any television programming; theatrical motion picture; radio
programming; Internet Service (as defined below); print media (including digital publishing); live
performance or personal appearance (including in-store appearances and appearances at night-clubs or
at malls); commercials or other endorsements; merchandising (including gaming on any platform); or
any other program, product or service in any media now known or hereafter devised, without
Producer's prior written consent. During the Exclusivity Period, I agree to abide by all guidelines and
restrictions that may be provided to me from time to time by Producer and/or VMN in connection with
the promotion, marketing, advertising and publicity of the Project and in connection with all of my
activities relating to merchandising, endorsements, auditions, appearances, media opportunities and
the like. I further agree that during the Exclusivity Period, (a) I shall not grant any interviews to any third
parties without Producer's prior written approval, and (b) if I wish to appear on, authorize production of,
or participate in any production in any media, then I shall request Producer's permission in writing in
advance and Producer shall determine in its sole absolute discretion, after consultation with the
Network, whether to grant its permission.
In the event Producer permits me to participate in, or in connection with, any Internet Service,
Producer shall nevertheless have the right, at any time during the Exclusivity Period, to require all AV
Material (as defined below) to be exclusively accessed by any user through a service, website,
application, platform or program controlled by, or on behalf of, Producer, the Network or VMN (a
"Producer Service"). I will cooperate with any of Producer's reasonable requirements in connection
with the Producer Service (including, without limitation, installing any necessary software programs or
applications to effectuate the foregoing and executing separate agreements with the Producer Service).
For the avoidance of doubt, Producer shall have the right to approve all materials (including, without
limitation, the AV Material) included on such Producer Service.
As used herein, the "AV Material" means any audio-visual, visual or audio material that includes
my Likeness (including, without limitation, video footage, audio recordings or photographs of me) that 1
have authorized for inclusion in or on any Internet Service (including, without limitation, by means of an
upload or link to such Internet Service), whether such AV Materials are related to the Project or not.
As used herein, "Internet Service" means any website, program, service or product delivered by
means of any internet or wireless protocol now known or hereafter devised, including, without
limitation, any user generated or user-generated, user uploaded content-based sites or social media
application, service or website, such as YouTube, Vim eo, MySpace, Facebook or Twitter.
I. Promotional Appearances: I will be available and will participate as, when and where Producer
may require during the Exclusivity Period in connection with promotion, marketing, advertising, publicity,
interviews and similar matters (e.g., appearing on news shows, morning shows, talk shows, specials, reunion
shows featuring participants in the Series and other series, participating in publicity interviews with press,
personal appearances at live events such as award shows, up-front presentations to advertisers, and Television
Critics' Association press conferences), and make other appearances as required by Producer in connection with
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the Project (including, without limitation, any and all subsequent versions thereof relating to the Series or such
subsequent series involving other participants) including, without limitation, appearing in institutional
advertising and promotions for Producer, the Network and/or VMN; provided, however, that said publicity
services shall be subject to my unavailability due to then-existing conflicting professional contractual
commitments in the entertainment industry, except that I shall be obligated, upon Producer's request, to appear
once per year at the VMN "up-front" presentation to advertisers, and at the TCA press tour. With respect to any
such appearance, Producer will provide travel accommodations per Paragraph 11 below.
J. Production Protocols: I acknowledge that I have received, read and understand the terms,
conditions and rules affecting the production of the Project, the conduct required of Participants, and the
Project activities (the "Production Protocols") attached hereto as Exhibit "F" and incorporated by this reference,
and agree to fully comply with the Production Protocols.
5. BACKGROUND CHECK. RELEASE OF MEDICAL INFORMATION/EMERGENCY MEDICAL CARE AND
RELEASE OF LIABILITY:
A. Upon execution of this Agreement, or at any time during my participation in the Project,
Producer may conduct an investigation of my medical and/or psychological status, criminal history (if any)
and/or my personal and/or professional background. All background checks are at the Producer's sole
discretion and may be required from time to time. The medical and/or psychological investigations may include
my submitting to routine physical and/or medical exams conducted by licensed professionals of Producer's
choosing on a date to be determined in Producer's discretion taking into consideration my availability. I
authorize Producer to access, collect and investigate information about me and any of the statements made by
me in this Agreement or otherwise in connection with considering me to be a participant in the Project. 1
authorize Producer to secure information from my current and former employers, associates, family members,
educational institutions, government agencies, credit reporting agencies, and any references I have provided or
that are developed by or for Producer, and I authorize such parties to provide information concerning me. I
unconditionally and irrevocably release and forever discharge all such parties and persons from any and all
claims, actions, damages, liabilities and losses arising out of or in connection with such investigations (including,
without limitation, those who request information and those who provide any information). I specifically
authorize investigation of my employment records, medical records, and government records (including, but not
limited to, my motor vehicle records, criminal records, military records and credit and consumer reports). Any
information obtained by Producer from the background check and any medical or psychological evaluation may
be used for (i) selecting participants in the Project and (ii) any other purposes designated by Producer in its sole
discretion. Without in any way limiting the foregoing, any such information may be used, broadcast, exhibited,
distributed, advertised, publicized, promoted or otherwise exploited as part of the Project or otherwise;
provided, however, that any medical information obtained about me from the physical, mental and emotional
examinations (if any) will not be disclosed to the general public or to other participants unless revealed by me
on-camera in connection with the Project. Furthermore, I understand and agree that any such information may
be disclosed to other participants in the Project and may be disclosed on-camera. In this regard, I consent to
and agree to complete the "Background Authorization & Disclosure Form" attached hereto as Exhibit "A", the
"Authorization for Release of Medical Information" attached hereto as Exhibit "B," each of which are
incorporated by this reference, and/or any other forms or documentation Producer or VMN may reasonably
require me to sign from time to time.
I hereby waive any physician-patient privilege I may have or that may arise with any physicians,
psychologists, health care providers (including both physical and mental health care providers), social workers,
health care institutions, insurers and other individuals or entities as a result of my participation in the participant
selection process and/or the Project, and I authorize the release to Producer of all records and information
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(written, verbal, electronic or otherwise) from any of the above persons and/or entities. I agree to sign any
additional authorizations that Producer or a health care provider deems necessary to facilitate the release of
such records.
B. In case of an emergency, I authorize Producer to arrange for or provide such medical assistance
to me as it determines is necessary. I also authorize any licensed physician, health care personnel and/or
medical facility to provide any medical care and/or hospitalization of me, including anesthetics, which such
licensed physician, health care personnel and/or medical facility determines necessary or advisable. I authorize
any reasonably necessary care by paramedics. I acknowledge that I have disclosed to Producer all medical
conditions that could in any way affect my participation in the Project. In connection with the foregoing, I also
agree to execute a copy of the "Emergency Medical Release" attached hereto as Exhibit "C" and incorporated by
this reference. Nothing in this subsection in any way limits the right of Participant or anyone holding a medical
proxy for Participant to make medical decisions for Participant which decisions shall prevail over Producer's
medical decisions. I understand that any injury that I may suffer and any treatment I may receive is part of the
Material, and may be filmed and broadcast, exhibited, and otherwise exploited by Producer as with all other
Material.
6. GRANT OF RIGHTS:
A. All results and proceeds of every kind of my participation heretofore and hereafter in
connection with the Project, including, without limitation, my Likeness and my Appearance, any elements of my
life story contained within the Project, the Interviews, all ideas, gags, suggestions, themes, plots, stories,
characters, characterizations, dialogue, catchphrases, text, designs, graphics, titles, drawings, artwork, digital
works, songs, music, photography, video, film and other material, whether or not fixed or reduced to drawing or
writing, at any time heretofore or hereafter created or contributed by me which in any way relate to the Project
or to any of the material on which the Project is or will be based, whether or not actually used by Producer in or
in connection with the Project (collectively, with Additional Materials, Pre-Existing Material and the Audition
Recordings, referred to as the "Material"). Accordingly, Producer is and shall be considered the author and, at
all stages of completion, the sole and exclusive owner of the Material and all right, title and interest therein
(collectively, the "Rights"). The Rights shall include, without limitation, all copyrights, neighboring rights,
trademarks, patents and any and all other ownership and exploitation rights in the Material now or hereafter
recognized in any and all territories and jurisdictions, including, by way of illustration, production, reproduction,
distribution, adaptation, performance, fixation, rental and lending rights, exhibition, broadcast and all other
rights of communication to the public, and the right to exploit the Material throughout the universe in
perpetuity in all media, markets and languages and in any manner now known or hereafter developed or
devised. If under any applicable law the fact the foregoing grant of rights is not effective to place authorship
and ownership of the Project, the Material and/or all rights granted by me hereunder, and all rights therein,
then to the fullest extent allowable and for the full term of protection otherwise accorded to me under
applicable law, I hereby assign and transfer to Producer all rights granted by me hereunder and, in connection
therewith, any and all right, title, and interest of in the Project and any other works now existing or hereafter
created containing the Material.
B. Producer shall have the perpetual, irrevocable and exclusive right to use, and authorize others
to use, all rights granted by me hereunder, including my Likeness and my Appearance in connection with the
Project, the Material and/or the Rights and for advertising, publicity, marketing, promotional and commercial
tie-in purposes in connection with the Project and/or any other motion picture or other works based upon or
related to the Project, the Material and/or the Rights, all ancillary and subsidiary rights therein and thereto
(including, without limitation, merchandising and commercial tie-in rights and over the Internet), or any other
use of the Project, as well as in or in connection with promotional materials for the Network, its affiliates and
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sponsors, other Network programs and for the institutional purposes of the cable industry generally, in any and
all media now known or hereafter devised. I acknowledge that Producer may depict or portray my Likeness,
and/or my life story either accurately or with such liberties and modifications as Producer determines necessary
in its sole discretion for the purposes of fictionalization, dramatization or any other purposes, including without
limitation to achieve a humorous or satirical effect, and by means of actors who may or may not resemble me. 1
further grant to any Assignee the right to use, and include in the Project, any or all information and/or Material
(including music pursuant to the provisions of Section 6.E & F) I supply in connection with the Project or
otherwise (including in the Interviews, the Material and any and all other biographical information, photographs
or videotapes of me and/or others, and/or any other materials), any and all other information Producer has
received from other sources about or concerning me, and any reproductions or recordings of any nature of any
of the foregoing, in whole or in part.
C. Producer shall have the sole and exclusive right to use, develop, market, sell, manufacture,
exhibit, distribute, netcast, broadcast, license and/or otherwise exploit the Material, the Rights and the Project,
in whole or in part, alone, or together or as part of other works of any kind or nature, throughout the universe in
perpetuity in any and all media, now known or hereafter devised. All revenues receipts, consideration, or other
benefits derived by Producer from the use, exhibition, publication, distribution, transmission, licensing, display
or other exploitation of the Material, the Rights and/or the Project shall be the sole and exclusive property of
Producer and/or Assignee, and I shall have no interest in or to any such revenues.
D. I hereby grant Producer the right to change, add to, take from, translate, reformat or reprocess
the Material in any manner Producer may in its sole discretion determine. To the fullest extent allowable under
any applicable law, I hereby irrevocably waive or assign to Producer the benefits of any provision of law known
as "droit moral," "moral rights" or any similar rights or principles of law in any country of the world which I may
now or later have in the Material, and agree not to institute or permit any action or lawsuit on the ground that
the Project or any other production based upon the Material constitutes an infringement of my droit moral or is
in any way a defamation or mutilation of the Material or any part thereof, or contains unauthorized variations,
alterations, modifications, changes or translations. I expressly acknowledge that many parties will contribute to
the Project and other works that will embody all or part of the Material or the Rights. Accordingly, if under any
applicable law the above waiver or assignment by me of "moral rights" or "droit moral" is not effective, then I
agree to exercise such rights in a manner that recognizes the contribution of, and will not have a material
adverse effect upon, such other parties.
E. In connection with Producer's use of musical compositions written or co-written by me, I hereby
grant to Producer a free, non-exclusive synchronization license in the music publishing rights of each such
composition for the purpose of using the compositions within the Project and with respect to Producer's
distribution thereof and ancillary uses thereof (including, but not limited to, the advertising, marketing, publicity
and promotion of the Project), in perpetuity. In addition, I will use reasonable, good faith efforts to assist
Producer in obtaining a free, non-exclusive, synchronization license (consistent with the terms hereof) from
each co-writer of each composition co-written by me that Producer intends to include in the Project; provided,
however, that any failure to successfully obtain any such synchronization license after such efforts shall not be
deemed a breach of this Agreement. Producer will have sole responsibility for attempting to obtain any other
required licenses from all other authors/publishers, including all co-authors of my compositions. I will execute
any synch or other required licenses consistent with this Section 6.E. Producer acknowledges that the foregoing
synchronization license does not apply to non-dramatic performing rights in music to the extent the same are
controlled by ASCAP, BMI or any other performing rights society. In connection with Producer's use of pre-
existing master recordings owned and/or controlled by me, I hereby grant to Producer a free, non-exclusive
master use license in connection with each such master recordings for the purpose of using the master
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recordings within the Series and with respect to Producer's distribution thereof (including but not limited to, the
advertising, publicity and promotion of the Series) in all media, in perpetuity.
F. Notwithstanding anything to the contrary contained herein, if I shall perform or display any
original music, writings, photography (still or moving), artwork or other materials created by me but not
specifically in connection with the Project, I shall have the non-exclusive right to continue to use such original
material in all media forever, and that I shall own the underlying copyright in my original materials, subject to
Assignee's rights herein.
G. Without limiting any of the foregoing, I acknowledge and agree that the Rights include the right
of Assignee to use any portion or excerpt of the Material (including, without limitation, using only the audio
component of any portion of the Material without any associated visual component or vice-versa) in any and all
media, manners and platforms, whether or not in connection with the Project.
H. Producer and I acknowledge and agree that the Rights Payment paid to me pursuant to this
Agreement is in consideration of, and constitutes equitable remuneration for, the rental right included in the
Rights. If, under the applicable law of any territory or jurisdiction, any additional or different form of
compensation is required to satisfy the requirement of equitable remuneration, then it is agreed that the grant
to Producer of the rental right nevertheless shall be fully effective, and Producer shall pay me such
compensation or, if necessary, the parties shall in good faith negotiate the amount and nature thereof in
accordance with applicable law. Since Producer already has paid or agreed to pay me equitable remuneration
for the rental right, I hereby assign to Producer all compensation for the rental right payable or which may
become payable to me on account or in the nature of a tax or levy, through a collecting society, or otherwise. I
shall cooperate fully with Producer in the collection and payment to Producer of such compensation. Further,
since under this Agreement Producer has already paid or agreed to pay me full compensation for all the rights
granted by me hereunder, I hereby assign to Producer all other compensation payable or which may become
payable to me on account or in the nature of a tax or levy, through a collecting society or otherwise, under the
applicable law of any territory or jurisdiction, including, by way of illustration only, so-called blank tape or similar
levies. I shall cooperate fully with Producer in connection with the collection and payment to Producer of all
such compensation. I agree on my own behalf and on behalf of my heirs, executors, administrators and assigns,
not to institute, support, maintain or authorize directly or indirectly any litigation or proceedings instituted or
maintained on the ground that Producer's (or its licensee's, assignee's or designee's) exercise of the rights
granted Producer in the Project in any way constitutes an infringement or violation of any such rental or lending
right as aforesaid.
I. In addition, and without limiting any of the foregoing, I am aware and hereby acknowledge that
new rights to my Likeness and Appearance hereunder may come into being and/or be recognized in the future,
under law and/or in equity (collectively, the "New Exploitation Rights"), and that new (and/or changed)
technology, uses, media, formats, modes of transmission, and methods of distribution, dissemination, exhibition
or exploitation (collectively, the "New Exploitation Methods") are being and inevitably will continue to be
developed in the future, which would offer new opportunities for exploiting such Likeness and Appearance. I
intend to and do hereby assign, grant and convey to Producer, any and all such New Exploitation Rights and New
Exploitation Methods with respect to my Likeness and Appearance.
7. Rights Payment/Expenses:
A. Series: Provided that I am not in breach of this Agreement and to the extent Producer exploits
the Rights such that I visibly and recognizably appear in the body (e.g., other than in the show open, main title
sequence, or end credits) of any Regular Episode (defined below), Producer will pay me a Rights payment (the
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"Rights Payment"), which shall be determined on a Cycle by Cycle basis, and will be equal to the product of (a)
the applicable Cycle Rights Amount (defined below), multiplied by (b) the number of such Regular Episodes of
such applicable Cycle in which I so visibly and recognizably appear. Company shall pay me the Rights Payments
due to me in connection with any Cycle pursuant to this Paragraph 7.A. as follows: X upon commencement of
production; X upon final delivery of the last episode of the applicable Cycle, X upon initial exhibition of the first
episode of the applicable Cycle; and X upon initial exhibition of the last episode of the applicable Cycle.
i. The "Cycle Rights Amount" shall be $1,000 for the First Cycle, and the Cycle Rights Amount shall
increase by five percent (5%) for the Second Cycle (i.e., $1,050); and,
ii. A "Regular Episode" of a Cycle shall mean the final television version of a regular Series episode
produced for such Cycle (and not alternate versions of already-existing episodes, episodes contained in
any other Cycle of the Series or any other series, nor Additional Materials, whether related to the Series
or any other series or production [for which I acknowledge, except as may otherwise be set forth herein,
I shall not be due any additional payment even to the extent Producer exploits the Rights in connection
therewith]).
In connection with the foregoing, I acknowledge that incidental appearances (e.g., appearing solely in still
photos), or appearances in the show open, main title sequence, end credits, cold open, super-teases, next-ons,
"previously-ons," "flashbacks," "this season," "last season" or any other sequence(s) contained in a Regular
Episode or other production related to the Series comprised of scenes from a previously exhibited or not yet
exhibited episode(s) of the Series shall not constitute a visible and recognizable appearance for purposes of this
Paragraph 7.A.
B. Should Producer, for any reason whatsoever, fail to make any Rights Payment as herein
provided, then Producer shall not be deemed in default hereunder unless and until following such failure I shall
have given Producer written notice demanding such payment and Producer shall have failed to make such
payment within thirty (30) days after Producer's receipt of said notice. In any event, Producer's liability for any
such default and my rights and remedies therefore shall be limited as set forth in Paragraph 14, and in no event
shall any of the rights acquired or to be acquired by Producer hereunder be affected or impaired.
8. NO OBLIGATION TO PROCEED: Neither Producer, the Network, VMN, or any other Assignee shall have
any obligation to use the results and proceeds of my participation in the Project or to include me in the Project.
Producer's sole obligation is to abide by the terms of this Agreement. Producer shall have the right at any and
all times and in its discretion to remove or replace me as a participant in connection with the Project for any
reason (or no reason at all), including, without limitation, violation of any requirements, rules, standards and
practices or policies of Producer, and my failure to provide truthful, accurate, complete and correct personal
details and information to Producer, whether in this Agreement or otherwise. I further understand and
acknowledge that Producer may cancel production of the Project at any time, for any reason, in its sole
discretion, without any obligation to me whatsoever, and shall have fully discharged its obligations hereunder by
paying to me the Rights Payment. Further, and without limiting the foregoing, neither Producer, the Network,
VMN, nor any other Assignee shall have any obligation to actually produce or exhibit the Project or to use or
otherwise exploit the Project, Series, Material, my Likeness, my Appearance or the Rights, or to exercise the
Initial Cycle Option or any Option(s).
9. APPROVALS: As between Producer and/or any other Assignee, on the one hand and me, on the other
hand, Producer and/or Assignee shall have all creative, financial, business, distribution and other approvals and
controls in connection with the Project, and the right to initiate or refrain from initiating action with respect to
any and all matters related to the Project, all of which Producer and/or Assignee may exercise when and at its
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sole and absolute discretion. All materials used by me in connection with the Project shall be subject to
Producer's prior approval.
10. CREDIT: All billing/credits (if any) shall be subject to the policy and discretion of the Network. Producer
shall not be obligated to issue any credit to me in connection with the Project. If a dispute pertaining to credit
should arise, in no event shall I be entitled to seek or obtain injunctive or other forms of equitable relief. For the
avoidance of doubt, under no circumstances shall Producer be obligated to recall or reprint any existing copies
of the Series or any materials.
11. TRAVEL: If Producer specifically requires me to travel to an overnight location that I am not already
scheduled to visit (i.e., I am required by Producer (or its designee) to travel to such location solely in connection
with the Project or in connection with an event staged by Producer, and such travel is independent of travel
already planned or being undertaken by me) and such location is more than one hundred (100) miles away from
my permanent place of residence (which is currently Plai ovlew ,NV ), Producer will provide me with the
following on an if available, if-used basis: one (1) round trip coach-class airline ticket, standard hotel
accommodations or corporate housing of Producer's choice (such accommodations provided by Producer shall
be for room and room tax only, and excludes room service, telephone calls, internet, mini-bar and any other
charges), meals or per diem (in Producer's sole discretion) for each day on location where an overnight stay is
required (half day rate for travel days) and ground transportation (may be shared) or reimbursement of ground
transportation (which costs shall be pre-approved by Producer in writing) to and from airports and hotels. All
travel arrangements, including the acquisition of airline tickets, booking of accommodations, etc., shall be made
through Producer's location or travel department unless prior written approval is obtained from a Producer
business affairs executive.
12. RELEASE:
A. Parties: It is of the essence to this Agreement, 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 Producer, the Network, VMN and each of the
other participants in the Project, any and all Assignees, each one of them and each of Assignee's respective
affiliates, licensees, successors and assigns, and the officers, director, employees, contractors, partners,
shareholders, representatives, members and agents of all of the forgoing (collectively, the "Released Parties")
from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorney's fees
and court costs, damages, judgments, interest, 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 the Project, the Material, and/or the Rights , including without limitation: (i) my participation
and appearance in the Project (including. but not limited. the fact that I will be naked or partially naked during
the filming of the Project) or activities associated with the production, post-production, promotion and
exploitation of the Project, including claims for any injury, illness, damage (including, but not limited to.
invasion of privacy and intentional or negligent affliction of emotion distress related to me being naked or
partially naked during the filming of the Project or otherwise). 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 Released Party; (ii) my own actions and/or the actions of other participants; (iii) any loss or damage to
property and/or equipment; (iv) the actions of any unrelated third parties invited by me; and/or, (v) the
production, distribution, promotion, exploitation or other use of the Project by Producer, the Network, VMN
and/or any other Assignee or based upon failure or omission to make use thereof. The Released Claims shall
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include those based on negligence of any of the Released Parties or any of the other participants in the Project,
products liability, breach of contract, breach of any statutory or other duty of care owed under applicable laws,
libel, slander, defamation, invasion of privacy, false light, right of publicity or personality, misappropriation,
intentional infliction of emotional distress, negligent infliction of emotional distress and infringement of
intellectual property rights (including, but not limited to, copyright and trademark). 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 Project or the Released Parties and will not file any claim or
complaint with the Federal Communication Commission ("FCC") or initiate any FCC proceedings for or in
connection with the Released Claims.
B. Unknown Facts: I, on behalf of myself and the other Releasing Parties, hereby expressly waive
and release any and all claims, rights and benefits under Section 1542 of the California Civil Code or any
analogous state, local or federal law. Section 1542 of the California Civil Code reads as follows:
"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 Section 1542 of the California Civil Code or other similar provisions, this release shall
constitute a full release 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, on behalf of myself and the other Releasing
Parties, and acknowledge and agree that this waiver is an essential and material term of this Agreement, and
without such waiver I would not have been permitted to audition or become a participant in the Project. I
hereby represent, on behalf of myself and the other Releasing Parties, that I and the other Releasing Parties
have been advised of Section 1542, as well as other statutes, laws, or rules of similar effect by each of their legal
counsel, and hereby acknowledges and understands the significance and consequence of this release and of this
specific waiver of Section 1542 and other such laws.
C. The release provided for in this section 12, shall be in addition to any other releases, including, if
applicable, the Release of Liability and Assumption of Risk Agreement attached as an exhibit to this Agreement.
D. Construction: This Agreement is intended to operate and be construed as broadly as possible
under applicable law. Accordingly, to the extent applicable law would limit this Section 12 in any way, or
invalidate any provisions hereof, such limitation or invalid provision shall not operate to invalidate this Section
12 in its entirety; rather, this Section 12 shall be deemed to operate and to be effective to the maximum extent
permitted by law.
13. SUSPENSION/TERMINATION: Producer shall have the right to terminate this Agreement and/or my
participation in the Project if it determines, in its sole and absolute discretion, that it desires to terminate my
participation in connection with the Project for any reason, or if the Project is canceled or its format is materially
altered. In addition, in the event of any occurrence of an Event of Force Majeure (as defined below), Producer
shall have the right in its sole discretion, upon notice to me, to immediately suspend and/or terminate my
participation hereunder and shall, during such period of suspension or upon termination, be released from any
further obligations to me whatsoever. Producer may terminate any period of suspension at any time in its sole
discretion and I shall immediately thereupon resume my participation hereunder. As used herein, an "Event of
Force Majeure" shall mean any Act of God; inevitable accident; fire; lockout; strike or other labor dispute; riot or
civil commotion, act of public enemy, act of terrorism, law, enactment, regulation, rule, order or act of
government or governmental instrumentality (either Federal, State or local, foreign or other), failure of technical
facilities; or other cause of similar or different nature beyond the control, of Producer which materially
interferes with, prevents, or impedes production of the Project or any of Producer and Assignee's operations. In
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addition, Producer may immediately terminate me for any potentially illegal behavior and/or violation of any of
the Production Protocols, including but not limited to drug use or assault, during the period that this Agreement
is in effect. No termination pursuant to this section will affect any of the rights granted or assigned by me or any
of the covenants, agreements, waivers, releases or indemnities made by me in this Agreement. I acknowledge
and agree that in the event Producer terminates my participation in the Project, such termination or suspension
may occur on-camera and may be recorded, and that any recordings of my likeness and my Appearance
obtained by Producer prior to and including such termination or suspension and any recordings of my likeness
and my Appearance relating to any such termination or suspension, may be used, broadcast, exhibited,
distributed, advertised, publicized, promoted or otherwise exploited by Producer as part of the Project or
otherwise, as Producer determines in its sole discretion. Without limiting the foregoing, Producer, in its sole
discretion, may make any explanation or announcement, within the Project or otherwise, regarding such
termination or suspension. Producer's rights under this Agreement (including, without limitation, its
termination and suspension rights) are in addition to any other rights or remedies available to Producer,
whether at law, in equity or otherwise.
14. REMEDIES: The rights granted hereunder and my participation related thereto are special, unique,
unusual and extraordinary which gives them a peculiar value, the loss of which cannot be reasonably or
adequately compensable in damages in an action at law, and that, in addition to any rights or remedies which
Producer may have under this Agreement or otherwise, Producer is entitled to all available equitable remedies,
including injunctive relief without the requirement of posting a bond, in case of breach or threatened breach of
this Agreement by me. Any remedies, rights, undertakings and obligations contained in this Agreement shall be
cumulative and none of them shall be in limitation of any other remedy, rights, undertaking, or obligation of
either party. HOWEVER, NO BREACH OF THIS AGREEMENT SHALL ENTITLE ME TO TERMINATE OR RESCIND
ANY OF THE RIGHTS GRANTED TO PRODUCER AND ASSIGNEE(S) HEREIN, AND IN THE EVENT OF ANY
QUESTION OF PRODUCER'S PERFORMANCE OF ITS OBLIGATION HEREUNDER, I HEREBY WAIVE THE RIGHT, IN
THE EVENT OF ANY SUCH BREACH, TO EQUITABLE RELIEF OR TO ENJOIN, RESTRAIN OR INTERFERE WITH THE
EXHIBITION OF THE PROJECT OR THE EXERCISE OF ANY OF THE GRANTED RIGHTS, IT BEING MY
UNDERSTANDING THAT MY SOLE REMEDY SHALL BE THE RIGHT TO RECOVER MONETARY DAMAGES WITH
RESPECT ONLY TO THE ACTUAL HARM CAUSED BY ANY SUCH BREACH, BUT IN ANY EVENT, NO
CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. This provision shall not, however, be construed as a waiver
of any rights Producer may have for damages or otherwise arising from any breach of this Agreement. At all
times, Producer shall have all rights and remedies which it has at law or in equity pursuant hereto or otherwise,
all of which rights and remedies shall be construed as cumulative.
15. REPRESENTATIONS/ WARRANTIES/INDEMNIFICATION:
A. Representation and Warranties: I hereby represent and warrant and agree that: (i) I am an adult
over 21 years old, am of the age of majority in the state in which I reside {ii) I am a citizen of the U.S. and able to
legally travel to and re-enter the U.S. from any foreign country in connection with my participation (if any) in the
Project, or I have U.S. Immigration status or a visa that allows me to stay legally in the U.S. to participate in the
Project and to legally travel to and re-enter the U.S. from any foreign country in connection with my
participation (if any) in the Project (I acknowledge and agree that Producer has the right to determine in its sole
discretion whether my U.S. Immigration status or visa allows me to stay legally in the U.S. to participate in the
Project); (iii) I have the full right, power and authority to enter into and fully perform under this Agreement; (iv) I
have not entered into any other agreement, nor have I done or will I do any act or thing which in any way
prevents, hampers or conflicts or interferes with the full and complete performance of my obligation to
Producer or any rights granted by me hereunder; (v) I am aware that payment or acceptance of, or agreement to
pay or accept, any money or valuable consideration for the appearance of any person or the mention of
anything in the Project without disclosure to Producer and/or VMN or other broadcaster prior to broadcast is a
federal offense punishable by fine and/or imprisonment; (vi) I shall not intentionally mention or "plug" any
14

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commercial product, service, venture or thing on the Project, including the name of my employer and I have not
accepted or given, and will not accept or give, directly or indirectly, any money, service or other valuable
consideration from or to anyone for the inclusion of any matter in the Project produced hereunder, except to
the extent that the same shall be expressly approved by Producer in writing in Producer's sole discretion, and
then only provided that the same shall be disclosed, credited and/or identified in accordance with the
requirements of Sections 317 and 508 of the U.S. Federal Communications Acts; (vii) except with respect to
materials supplied by Producer, neither the Material, the Rights, nor any portion thereof or any use thereof by
Producer, the Network, VMN, Assignee and/or their licensees or assigns, will violate or infringe upon the
trademark, trade name, copyright, right of privacy or publicity, property rights of any other right of any party nor
constitute unfair competition, defamation, libel or breach of contract, and I agree to notify Producer if any third
party controls rights in and to the Material or the Rights; (viii) I will cooperate with Producer and will take steps
reasonably requested by Producer to evidence, effectuate or protect Producer's and VMN's rights hereunder;
{ix) if I display in the Project or submit to Producer or Assignee for display in the Project any photographs,
published works, and/or other artistic materials, then I will have obtained all of the rights, clearances and
releases necessary for Producer, the Network, VMN, and Assignee to exploit said materials in the Project; (x) I
will not bring nor will I permit my acquaintances to bring any illegal drugs, weapons or other illicit items to the
Locations nor will I engage in or permit my acquaintances to engage in, any illegal activities; nor will I use,
consume or partake in any illegal drug usage or activity during the Production Periods whether on the Locations
or elsewhere; (xi) if the Project contains any contest, I will not rig or in any way influence the outcome of such
contest, or to offer or accept any information or special or secret assistance in connection with the Project and I
agree that I will not participate in any such act or any other deceptive or dishonest act with respect to the
Project; (xii) I agree to refrain at all times from all forms of threats or violence against, nonconsensual contact
with and/or intimidation of other persons involved with the Project, other participants, and any employees,
agents, independent contractors, or other representatives of Producer and/or VMN; (xiii) I agree not to damage
any property used or visited by me in connection with the Project, whether exterior or interior, and any other
furnishings, items or other things located in or around such property in any way and I will not tamper with or
hinder in any way the technical equipment that is installed for purposes of recording me and the other
participants, normal wear and tear excepted; {xiv) I am in excellent physical, emotional, psychological and
mental health and am capable of participating in any activities that might be required of a participant in the
Project (even though I do not know precisely what those activities may entail), but may involve strenuous
physical activities, shocking and frightening events, and emotionally difficult scenarios (including. but not
limited to, being naked or partially naked during the filming of the Project); and (xivl I acknowledge and agree
that the format for the Project has been disclosed to me and I fully consent to my participation in connection
therewith
B. Indemnification: I and the other Releasing Parties unconditionally and irrevocably agree to
defend, indemnify and hold harmless each of the Released Parties from and against any and all claims, demands,
liens, agreements, contracts, actions, suits, costs, attorney's fees and court costs, damages, judgments, interest,
orders and liabilities of any kind or nature in law, equity or otherwise, by whomever asserted, arising out of or in
connection with (i) my breach or alleged breach of any agreement, covenant, representation, warranty in this
Agreement; (ii) arising out of or in connection with my participation and appearance in, continued appearance
in, or elimination from, the Project or activities associated with the Project, including without limitation the
Released Claims; and/or (iii) the malfeasance and/or negligence and/or other tortious acts or omissions
committed by me and/or any agent, employee, guest or invitee of mine. In the event of any claim or service of
process upon any of the Released Parties involving the indemnification set forth above, Producer or such other
of the Released Parties shall notify me of the claim. The Released Parties may elect to take such action on
behalf of itself and/or as attorney-in-fact for me to adjust, settle, defend or otherwise dispose of such claim, in
which case I shall, upon being billed therefor, reimburse each of the applicable Released Parties in the amount
thereof.
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16. MORALS: If I should, prior to or during the term of this Agreement, commit any criminal offense or any
act that brings me into public disrepute, scandal, contempt or ridicule or that shocks, insults or offends a
substantial portion or group of the community or reflects unfavorably on me or Producer, the Network or VMN
in a significant and material way, or any licensee, sponsor or advertising agency of the Project, or any affiliated
entity of Producer, the Network or VMN, then Producer may, in addition to and without prejudice to any other
remedy of any kind or nature set forth in this Agreement, terminate or suspend this Agreement at any time
within ninety (90) days after Producer first learns of the occurrence of any such event.
17. CONFIDENTIALITY:
A. Non-Disclosure Obligation: I agree not to disclose, in perpetuity, to any third party any
information to which I have had or will have access to concerning the Project, including the premise and title of
the Project, the names of individuals associated with the Project, other elements relating to production of the
Project, any storylines or outcomes of the Project or events captured or recorded by Producer in connection
with the Project, any of Producer's, the Network's or VMN's operations, programming, production or trade
practices, or other terms and conditions of this Agreement, unless such disclosure is required to fulfill my
obligations hereunder, or as expressly permitted by Producer in writing, or as required by law. My
confidentiality obligations and publicity restrictions hereunder shall apply to any and all media, including,
without limitation, any social networking site; micro-blogging service; user-generated or user-uploaded content
website; online forum, discussion thread or comment section; personal website or blog; user modified website
("wiki"); or any other website, service, platform, program, application or other form or method of
communication, whether now known or hereinafter devised. For example and for the sake of clarity, I
acknowledge and agree that I may not make disclosures prohibited hereunder via Facebook, Twitter, Youtube,
Tumblr, lnstagram or any other similar website or service, whether existing now or in the future.
B. Publicity/Press: I shall not make or authorize any other person to make any statement to any
media service with respect to the Project, the Producer, the Network or any Assignee, or otherwise publicize,
advertise or promote my appearance on the Project without Producer's prior written approval in each instance.
Notwithstanding the foregoing, after the initial broadcast of the initial episode of the Series in which I appear, I
may refer incidentally to my appearance in the Project as reasonably required in connection with my resume
and general personal publicity that does not have as a focus the Project, provided such reference is non-
derogatory and truthful and does not reveal Project details. In addition, I shall not (nor authorize others to)
prepare or assist in the preparation of any written work, any audio work, visual work or any audio-visual work
that depicts, concerns, or relates in any way to my appearance on the Project. All contact with the media
regarding the Project or my participation in the Project must be organized and sanctioned by the press officer of
Producer and the Network in connection with the Project or by a duly authorized representative of Producer
and/or the Network.
C. Liquidated Damages: Any disclosure by me in violation of the foregoing shall constitute and be
treated as a material breach of this Agreement which will cause irreparable harm to the Network entitling the
Network to seek, among other things, (i) injunctive relief, without posting any bond, to prevent and/or cure any
breach or threatened breach of this Paragraph 17 by me, (ii) recovery or disgorgement of the monies or other
consideration received in connection with such disclosure, if any, (iii) recovery of any attorney's fees and court
costs incurred to enforce the terms of this Paragraph 17, and (iv) an amount equal to Two Million Dollars
($2,000,000), which amount is agreed upon by the parties as liquidated damages and not as a penalty, and
which sum amount has been computed, estimated and agreed upon as an attempt to make a reasonable
forecast of probable actual loss in light of the difficulty of estimating with exactness the damages which shall
result.
16
Initials
v
D. The terms and conditions of this Paragraph 17 shall survive the termination or expiration of this
Agreement.
18. INSURANCE: I understand that while Producer may choose to do so, it has no obligation whatsoever to
obtain insurance coverage for any harm I may suffer in or in connection with the Project. Although not required
as a condition of my participation in the Project, I acknowledge that I, alone, am responsible for maintaining
insurance policies to cover any harm I may suffer in or in connection with the Project. Producer may, in its sole
discretion, secure life, health, accident, cast or other insurance covering me and/or others, and I shall not have
any right, title or interest in and to such insurance. I will submit to usual and customary medical examinations
and background checks and will sign such applications and other documents and cooperate with Producer's
requirements and policies, all as may be required by Producer for Producer's insurance purposes (including self-
insurance). In the event any examination establishes a doubt as to my physical ability to perform under this
Agreement, or if I fail to appear for such examination at the time and place designated, Producer may terminate
this Agreement; and, moreover, in the event cast insurance covering me that meets Producer's coverage
requirements cannot be obtained for normal premiums and without substantial exclusions, Producer may
terminate this Agreement.
19. NOTICES: All notices required or permitted hereunder must be given in writing by personal delivery
(including, but not limited to, by messenger service or email/fax transmission, with confirmed receipt) or by
United States mail, postage prepaid, addressed as follows:
To Participant: Participant Address (set forth on the first page hereof)
CC:
Attention:-----------
To Producer: Firelight Entertainment, Inc.
4111 W. Alameda Ave., Suite 409
Burbank, CA 91505
With courtesy copy: Jackoway, Tyerman, et. al.
1925 Century Park East, 22"d Floor
Los Angeles, California 90067
Attn: Eric C. Weissler, Esq.
The date of personal delivery or faxing, and the date three (3) days after mailing, shall be deemed the date of
service. The address of either party may be changed upon ten (10) days prior written notice to the other party.
All notices required hereunder shall be in writing, provided that a casual or inadvertent failure to reduce each
such notice to writing shall not be deemed a breach of this Agreement.
20. ASSIGNMENT: Producer may transfer and assign this Agreement or all or any of its rights or privileges
hereunder, and/or delegate all or any of its obligations hereunder, and/or lend any of my participation under
this Agreement to any person or entity, in which event Producer shall be released and discharged from all of its
obligations hereunder and I shall look solely to such assignee or delegee, as the case may be, for performance
thereof. I may not assign this Agreement or any rights hereunder, in whole or in part, except with Producer's
prior written approval, and any such purported assignment shall be null and void.
17

17
21. ADDITIONAL DOCUMENTS: Upon request by Producer, I agree to duly execute, acknowledge and
deliver to Producer, or cause to be executed, acknowledged and delivered to Producer, in form approved by
Producer, any and all further assignments, instruments or documents consistent herewith that Producer may
deem necessary, expedient or proper to carry out and effectuate the purposes and intent of this Agreement.
Provided that the documents, instruments, acts and deeds are not inconsistent with the terms and conditions of
this Agreement, I hereby irrevocably appoint Producer as my attorney-in-fact to execute any such documents or
instruments or do any such acts or deeds in the event I fail to within five (5) business days from receipt of
Producer's request to do so, unless a shorter time is required by Producer, which appointment shall be a power
coupled with an interest, with full rights of substitution and delegation. Producer shall have the right to record
the same in the United States Copyright Office or elsewhere as Producer may determine.
22. THIRD-PARTY RELEASES AND CONSENTS: If requested, I agree that I shall use my best efforts, at no cost
to Producer, to assist Producer in obtaining releases from all members of my family and my friends (i.e., mother,
father, daughter, son, sister, brother, spouse, ex-spouse, boyfriend, ex-boyfriend, girlfriend, ex-girlfriend,
roommate, etc.), dependents, heirs, my clients, and other persons known to me in a form provided by Producer,
and to use my best efforts to procure such releases from such other persons as Producer may deem necessary
or desirable.
23. RESTRICTIONS ON USE OF TRADEMARK: I shall not at any time. use the names, logos, trade names or
trademarks of Producer, VMN or any Assignee (including, but not limited to, the title of the Series), or those of
Producer's, VMN's or any Assignee's related companies, for any purpose without Producer's or VMN's express
prior written consent, including without limitation, in connection with any media appearance or other types of
appearances I make at any time, or in connection with any kind of advertising, promotion, publicity,
merchandise, tie-in, product or service (including over the Internet) or as an Internet domain name.
24. IDENTIFICATION; CLEARANCES: I represent and warrant that I have provided to Producer all
identification documentation and/or other information or documentation requested or required by Producer in
connection with Producer's statutory record-keeping and identification verification obligations, such information
and documentation to include, without limitation: (a) my full legal name as well as any and all previous names,
aliases, stage names, professional names and/or nicknames used by me or by which I may be currently or
previously known or identified; (b) my current address; (c) my date of birth; and (d) a legible photocopy of my
valid government-issued identification documentation (e.g. U.S. passport, state driver's license or valid photo ID
card), and that all such information and documentation is valid, true and accurate as of the date provided to
Producer by me. I further represent and warrant that I have obtained and will maintain at all times during which
this Agreement is in effect, any and all passports, visas, immigration clearances and all other clearances and
permits necessary to enable me to fulfill my obligations hereunder in the jurisdictions in which my participation
is contemplated (collectively, "Clearances"). Such Clearances shall be valid and effective during the Production
Periods of the Project in all such jurisdictions, and my obtaining and maintaining such Clearances shall be a
condition subsequent to Producer's obligations hereunder.
25. UNIONS/GUILDS: I acknowledge and understand that my participation and appearance in the Project
does not fall under the jurisdiction of SAG, AFTRA or any other guild or union agreements. My appearance and
participation in any aspect of the Project is not a performance, and I am not portraying any role or part or taking
direction as a performer, but am appearing as myself. My appearance and participation in the Project is as a
non-performer only, is not employment as a performer, and does not entitle me to wages, salary or other
compensation under any collective bargaining agreement or otherwise as such.
26. MEDIATION/ARBITRATION: Except with respect to Producer's right to injunctive relief for breaches of
the Agreement as contemplated herein, in the event of any dispute concerning the performance or
enforceability of this Agreement, and/or concerning the respective rights of the parties hereto, such dispute
18

p
shall be the subject of mandatory mediation and/or binding arbitration pursuant to the terms of the separate
"Agreement to Mediate and Arbitrate," attached hereto as Exhibit "E" and incorporated by this reference. 1
UNDERSTAND THAT EXHIBIT "E" WAIVES MY RIGHT TO SUE PRODUCER, VMN, AND ANY OTHER ASSIGNEE IN A
COURT OF LAW AND REQUIRES ME TO ASSERT ANY CLAIMS OR GRIEVANCES IN ARBITRATION. I KNOWINGLY
AND VOLUNTARILY WAIVE MY RIGHT TO A JURY TRIAL OR COURT TRIAL AND FREELY CONSENT TO THE TERMS
OF EXHIBIT "E" AS A MATERIAL TERM OF THIS AGREEMENT.
27. CHOICE OF LAW: THIS AGREEMENT AND All RELATED MATIERS SHAll BE GOVERNED AND CONSTRUED
IN ACCORDANCE WITH THE INTERNAl lAWS OF THE STATE OF NEW YORK APPLICABLE TO CONTRACTS ENTERED
INTO AND FUllY TO BE PERFORMED ENTIRELY THEREIN, WITHOUT REGARD TO THE CONFLICT OF LAW
PRINCIPLES THEREOF.
28. MISCELLANEOUS:
A. The Network is a party to this Agreement to the extent that it is entitled to any benefits or rights
hereunder. In addition, to the extent that the Network is not a party to any provision of this Agreement, it is an
express, intended third party beneficiary of this Agreement, with full standing to enforce each, every, any and all
of its provisions as if it was an express party thereto.
B. Special Employee/Workers' Compensation: Nothing herein contained shall be deemed to
constitute an employment relationship, joint venture or partnership between me and Producer (or any other
Assignee), nor shall I be deemed Producer's agent for any purpose. Notwithstanding the foregoing, I
acknowledge and agree that solely for purposes of workers' compensation, the parties hereto acknowledge and
agree (i) that there will be one or more entities other than Producer receiving the benefits of, and/or
participating in some capacity in the direction and/or supervision of, my participation in the Project (and of the
services of other individuals, such as crew members) in connection with the Project, including, without
limitation, Producer's affiliated companies, licensees, successors and assigns, the financiers and distributors of
the Project, including, but not limited to, Producer and VMN and their respective officers, agents, and
employees (each, a "Producer Entity"), and (ii) that each such Producer Entity shall be deemed one of my
"special employers" for purposes of workers' compensation insurance coverage in connection with my
participation and appearance in the Project under this Agreement. Accordingly, in the event of my injury,
illness, disability, or death arising out of or relating to the Project and/or my participation and appearance in the
Project, my rights and remedies (and those of my heirs, executors, administrators, successors and assigns)
against Producer or any Producer Entity shall be governed by and limited to those provided by workers'
compensation and Producer and/or each Producer Entity and their agents and employees shall not have any
other obligations or liability by reason of any such injury, illness, disability or death. The parties agree to make
any election whatsoever necessary to render the workers' compensation statutes applicable to my participation
and appearance in the Project.
C. Taxes: I understand and agree that I shall be responsible for any and all taxes required to be
paid in connection with any consideration, prizes or benefits (if any) that I may receive in connection with the
Project. I agree to indemnify and hold harmless Producer, the Network, and VMN for any and all damages
and/or penalties resulting from my failure to make appropriate tax payments in connection with any
consideration or benefits (if any) that I may receive in connection with the Project.
D. Public Domain Results: Nothing in this Agreement shall ever be construed to restrict, diminish
or impair the rights of any Assignee to utilize freely, any work, story, idea, plot, theme, sequence, scene,
episode, incident, name, characterization, dialogue or other material that may be in the public domain, from
whatever source.
19

E. Waiver: No waiver of any breach of or default under any provision hereof shall be deemed a
waiver of such provision, or of any subsequent breach or default.
F. Partial Invalidity: Nothing in this Agreement shall be construed to require the commission of
any act contrary to law, and in the event of any conflict between any provision of this Agreement and any
present or future statute, law, ordinance or regulation, the latter shall prevail and the provision of this
Agreement affected thereby shall be modified only to the extent necessary to bring it within legal requirements,
such provision shall be deemed stricken and severed from this Agreement and the remaining terms of this
Agreement shall continue in full force and effect.
G. Survival: The grant of rights, representations, warranties, indemnities, restriction on use of
trademarks, and confidentiality obligations contained herein shall survive the expiration or earlier termination of
this Agreement.
H. Headings: The section headings have been inserted herein for the purpose of convenience only
and shall not be used in interpreting this Agreement.
I. Miscellaneous: If any one or more of the provisions contained herein shall for any reason in any
jurisdiction be held excessively broad as to time, duration, geographical scope, activity or subject, it shall be
construed, by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law
of such jurisdiction as it shall then appear. No waiver by Producer of any failure to perform under this
Agreement shall be deemed a waiver of any preceding or succeeding breach of the same or any other obligation.
No officer, employee or representative of Producer has any authority to make any representation or promise in
connection herewith or the subject matter hereof which is not contained herein, and I have not executed this
Agreement in reliance upon any such representation or promise. Any and all rights granted to Producer shall
inure not only to Producer's benefit but also to the benefit of all persons and entities that may hereafter acquire
from Producer any right to produce, distribute, advertise, promote, transmit, exhibit and/or otherwise exploit
any of Producer's motion pictures or other products, and such may be released under any company or trade
name, brand, producing mark, trademark or characteristic desired by Producer and/or its assignees or licensees.
The rights granted to Producer hereunder are in addition to any rights Producer may have as a member of the
general public. Neither expiration nor termination of this Agreement for any reason shall affect Producer's
ownership of the Rights granted or agreed to be granted by me hereunder or alter any of the rights or privileges
of Producer or any of my representations, warranties, indemnities or undertakings.
29. ACKNOWLEDGEMENTS:
I ACKNOWLEDGE AND UNDERSTAND THAT:
A. THIS AGREEMENT IS AN IMPORTANT LEGAL DOCUMENT RELATING TO MY PARTICIPATION IN
THE PROJECT, AND BY SIGNING THIS DOCUMENT I AM WAIVING CERTAIN LEGAL RIGHTS (AS SET FORTH
HEREIN) I MAY HAVE AGAINST PRODUCER, VMN, THE ASSIGNEES AND OTHER INDIVIDUALS AND ENTITIES. I
DO SO FREELY AND UNDER NO DURESS OR UNDUE INFLUENCE.
B. Producer will NOT require any participants to be medically tested for sexually transmitted
diseases (including, without limitation, HIV, Hepatitis A, Hepatitis B, Hepatitis C, HPV, syphilis, chlamydia,
gonorrhea, and Herpes I and II) before their participation in the Project. Producer does not test for many other
serious, and possibly life-threatening, communicable diseases that are not commonly considered to be sexually
transmitted diseases, including (without limitation) SARS, tuberculosis, and mononucleosis. If Producer learns
20

that any other participant in the Project is carrying a sexually transmitted disease or has tested positive for HIV
or any other communicable disease, Producer is under no obligation to disclose such fact to me and will not
disclose such fact to me. I recognize that for these or other reasons, participants in the Project may in fact have
one or more sexually transmitted or other communicable diseases and it is my responsibility to avoid any
contact with any other participant's bodily fluids (e.g., saliva, blood, semen, vaginal secretions, urine and feces).
Sharing bodily fluids carries the risk of transmitting and acquiring infectious diseases, including, without
limitation, HIV, Hepatitis A, Hepatitis B, Hepatitis C, HPV, syphilis, chlamydia, gonorrhea, and Herpes I and II. I
acknowledge and agree that, in light of these risks and others, if I am injured during the production of the
Project, I will go directly to the Producer for assistance and not to fellow participants and, if another participant
is injured, I will go directly to the Producer for assistance.
C. ALTHOUGH PARTICIPANTS ARE INSTRUCTED TO REFRAIN FROM ALL FORMS OF VIOLENCE AND
INTIMIDATION, I ACKNOWLEDGE AND UNDERSTAND THAT I WILL BE IN CLOSE PHYSICAL PROXIMITY TO OTHER
PARTICIPANTS WHO MAY, BY VIRTUE OF THE PROJECT, OR FOR OTHER REASONS, ACT UNPREDICTABLY, EXHIBIT
PHYSICAL OR VERBAL AGGRESSION TOWARDS ME OR OTHER PARTICIPANTS. I EXPRESSLY ASSUME THE RISK OF
ANY PHYSICAL OR EMOTIONAL INJURIES I MAY SUFFER AS A RESULT OF MY PARTICIPATION IN THE PROJECT.
D. I consent to any recordings made using concealed cameras or any other devices. I will not be
given any further notice of the use of concealed or hidden cameras and other devices being used to record my
actions and statements. In addition, I give my express, unconditional and irrevocable permission to Producer to
fully exploit all materials made using any type of filming or recording equipment, including, without limitation,
concealed cameras and other devices, irrespective of whether the making or exhibition of such materials might
constitute a breach of any rights of privacy I otherwise might have in the absence of this express agreement, and
irrespective of whether such materials violate any rights I otherwise would hold or might hold in the future.
Producer shall have a right to film and/or record me nude. partially nude, or otherwise and broadcast,
distribute, exhibit. and otherwise exploit such recordings and the Project.
E. MY PARTICIPATION IN THE PROJECT MAY CAUSE ME TO BE IN AN ENVIRONMENT WHERE I MAY
HEAR, SEE, OR ENCOUNTER SPEECH OR PHYSICAL CONTACT, OR OTHERWISE EXPERIENCE SENSATIONS THAT I
OR OTHERS MAY CONSIDER OFFENSIVE. I FREELY AND KNOWINGLY CONSENT TO BEING SUBJECTED TO SUCH
SPEECH, CONDUCT AND SENSATIONS AND THE WAIVERS, RELEASES, AND INDEMNITIES STATED IN THIS
AGREEMENT AND ANY OTHER AGREEMENT THAT I HAVE EXECUTED OR MAY EXECUTE IN THE FUTURE RELATED
TO THE PROJECT EXPRESSLY APPLY TO ANY SUCH SPEECH, PHYSICAL CONTACT OR SENSATIONS. However, I
agree to immediately contact Producer if I feel sexually, racially or otherwise harassed by, threatened by or
uncomfortable with the conduct of any other individual connected with the production of the Project at any
time, and I understand that Producer will not penalize or retaliate against me in any way for doing so.
F During certain events and activities in connection with the Project, alcohol may be available for
consumption. If I partake in the consumption of alcohol at any time during my participation in the Project, I shall
do so in moderation and Producer has the right to restrict or prohibit consumption of alcohol that Producer
determines in its sole discretion is excessive or unruly. Producer reserves the right to take necessary action to
control the situation or disallow consumption to continue. In addition, I assume all risk associated with my
consumption of alcohol and being in the presence of others who may have consumed alcohol. I expressly affirm
that the waivers, releases and indemnities in this Agreement and any other agreement that I have executed or
that I may execute in connection with the Project shall also expressly apply to any act or occurrence of any
nature that result from my consumption of alcohol during my participation in the Project.
G. The foregoing is not an exhaustive list of the risks, hazards and dangers to which I may be
exposed as a result of my participation in the Project. I accept and assume all risks, hazards and dangers
21
n i t i a l ~
regardless of whether they are detailed in this Agreement, and I acknowledge that the waivers, releases and
indemnities in this Agreement and any other agreement that I have executed or may execute in connection with
the Project, apply to all such risks, hazards and dangers.
H. Expenses: Foregone Oooortunities: Except as expressly stated herein or as provided by
Producer in Producer's sole discretion, I shall be responsible for all expenses that I incur in connection with my
participation in the Project. In connection with this, to the extent I choose to miss any business opportunity or
other engagement (including, without limitation, any days of work with my regular employer) for the
opportunity to participate in the Project I do so at my own choosing, and that none of Producer, the Network,
VMN, nor any Assignee shall be responsible for the amount of any lost wages or other pecuniary or other
amounts that I chose to forego to participate in the Project. Furthermore, even to the extent that I am not
selected as a participant in the Project, any decision by me to rearrange my schedule and/or miss any business
opportunity or other engagement for the opportunity to participate in the Project was made by me by my own
choosing, and that none of Producer, the Network, VMN, nor any Assignee shall be responsible for the amount
of any lost wages or other pecuniary or other amounts that I chose to forego in the hopes that I would be
afforded the opportunity to participate in the Project. Further, my participation in the Project (including.
without limitation. the fact that I will be naked or partially naked) may lead to critique of my abilities and
possible termination, dismissal, demotion or promotion from my current job and interfere with future
opportunities and I hereby assume all risks related thereto. I am voluntarily participating in the Project and
related activities with full knowledge, appreciation and understanding of the personal risks involved, and hereby
agree to accept all risks of participating in the Project.
I. In granting the Rights, I have not been induced to do so by any representations or assurances,
whether written or oral, by Producer, the Network, VMN or any Assignee's representation relative to the
manner in which the Rights may be exercised and I agree that no Assignee is under any obligation to exercise
any of the Rights and agree that I have not received any promises or inducements other than as herein set forth.
The provisions hereof shall be binding upon me and my heirs, executors, administrators and successors. I have
been given ample opportunity to read, and I have carefully read this entire Agreement. I certify that I have
made such an investigation of the facts relating to this Agreement as I have deemed necessary, that I fully
understand the contents of this Agreement, that I am of sound mind, and that I intend to be legally bound by
this Agreement. The social security number furnished is my true social security number.
J. I UNDERSTAND THAT I HAVE WAIVED MY RIGHT TO SUE PRODUCER (OR, THE NETWORK,
VMN, AND ANY OF ITS AFFILIATES) OR ANY OTHER RELEASED PARTY IN A COURT OF LAW AND HAVE AGREED
TO ADDRESS AND ASSERT ANY AND ALL CLAIMS AND GRIEVANCES I NOW OR IN THE FUTURE HAVE OR MAY
HAVE AGAINST PRODUCER, THE NETWORK, VMN (OR ITS AFFILIATES) THROUGH THE ALTERNATIVE
METHOD(S) OF MEDIATION AND/OR IN ARBITRATION.
K. THIS AGREEMENT HAS BEEN PREPARED BY AN ATIORNEY AND THAT PRODUCER HAS
RECOMMENDED THAT I CONSULT WITH MY ATIORNEY IN CONNECTION WITH THIS AGREEMENT. I REPRESENT
AND WARRANT THAT I HAVE REVIEWED THIS AGREEMENT WITH MY OWN LEGAL COUNSEL PRIOR TO SIGNING
(OR ALTHOUGH I HAVE BEEN GIVEN A REASONABLE OPPORTUNITY TO DISCUSS THIS AGREEMENT WITH
COUNSEL OF MY CHOICE, I HAVE VOLUNTARILY DECLINED SUCH OPPORTUNITY).
L. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, I MAY UNILATERALLY RESCIND THIS
AGREEMENT WITHIN THREE (3) BUSINESS DAYS OF THE DATE ON WHICH I SIGN THE AGREEMENT. SUCH
RESCISSION SHALL BE MADE ONLY BY WRITIEN NOTICE RECEIVED BY PRODUCER WITHIN THE THREE-BUSINESS-
DAY RESCISSION PERIOD.
22

t:/
When signed by me and Producer where indicated below, the foregoing shall constitute a binding and
enforceable Agreement between us.
The foregoing and the exhibits attached hereto, and hereby incorporated by this reference, shall
constitute the complete and binding Agreement of the parties, superseding all prior understandings and
communications, express or implied, oral or written, with respect to the subject matter hereof and this
Agreement shall not be modified or amended except by a subsequent writing signed by all parties hereto. This
Agreement may be executed by original, facsimile or electronic signatures, and in one or more separate
counterparts, each of which, when so executed, shall be deemed to be an original.

Firelight Entertainment, Inc.
By: !\A
("Participant")
Print Name: ".kzew \1t_
Date: tf b/ll{
("Producer")
Its: '{3\L ():X
Date: 9J/CQ /{'\
LIST ALL PRIOR NAMES, ALIASES, PROFESSIONAL/STAGE NAMES, ETC.,
DATE OF
CITY, STATE, ZIP: ...J......:..;c..;...:...;,._ __
' (,' 0
TYPE OF ID CHECKED: \\(.,ef\;:>e._. \- \ 0..::-fO'J
COPY OF ID RECEIVED: __ YES __ NO IF NOT, GIVE REASON-----------
THIS INFORMATION IS BEING OBTAINED AND WILL BE MAINTAINED SOLELY FOR LEGALLY-MANDATED
RECORD-KEEPING PURPOSES
23
Initials l!f1/'
(7
EXHIBIT A
[ALREADY PROVIDED TO PARTICIPANTS SEPARATELY]
24
To:
Doctor's Name
Address
City
EXHIBITS
"Naked Dating"
tentative title
AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION
(TO BE GIVEN TO EACH OF PARTICIPANT'S PHYSICIANS)
Date:-----------
State Zip
_________________ authorize you to disclose to producers of the television series entitled
"Naked Dating" (the "Series") and their representatives all information and records relating to my health, including
information or records regarding psychiatric and drug or alcohol use history. I acknowledge that any information obtained
by producers of the Series may be used for evaluation of my application to participate in the Series, for purposes of
selecting participants in the Series, for quality assurance and peer review, and for any other purpose designated by
producers of the Series. This authorization will remain valid for the term of my involvement in the production of the Series,
unless I revoke it. A photocopy of this authorization is as valid as the original.
I understand that I have the right to revoke this authorization by writing to you, except to the extent that you have taken
action in reliance thereon. I further understand that you may not condition treatment, payment, enrollment or eligibility
for benefits on whether I sign this authorization. I further understand that the information, once disclosed pursuant to this
authorization, is subject tore-disclosure by Producer and will no longer be protected by law.
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title
II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically
allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding
to this request for medical information. "Genetic information," as defined by GINA, includes an individual's family medical
history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family
member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's
family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
Date:
Signed:
Print Name:---------------
Regular Physician's Name-----------------------
Phone: ________________________________ _
Emergency Contact Name: ____________________________ _
Relationship: _________________________________ _
Their Address: _________________________________ _
City: ______________ ....:State:, ___________ .Zip Code: _____ _
Phone: Evening:"---------'----------
25
EXHIBITC
EMERGENCY MEDICAL RELEASE
IN CASE OF EMERGENCY, I, by signing below, authorize Firelight Entertainment, Inc., Viacom Media Networks,
each of their respective subsidiary corporations or affiliates, and any of their employees, representatives, and
contractors to arrange for or provide such medical and/or psychological assistance to me as they determine to
be necessary.
I also authorize any licensed physician, psychologist, therapist and/or medical facility to provide any
medical/surgical care and/or hospitalization to me, including anesthetics, which they determine necessary or
advisable, pending receipt of a specific consent from me. I authorize any reasonably necessary care by the
paramedics.
DATE: l{ .
SIGNED (Legal Guardian): ______________ _
Print Name:--------------------
Emergency Contact Name: cQ 0\ b\ \(.,eW JfL.-
Relationship: _ __.\)=--:o:;_;::d::..-__ 0--'-r{'_\ ----------
Their address:
Phone:
Area Code Area Code
26
EXHIBITD
RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
This Release of Liability and Assumption of Risk Agreement is made to allow Firelight Entertainment, Inc. ("Producer") to possibly
include me as a guest performer in the television production tentatively entitled "Naked Dating" (the "Programming"). I am
volunteering to engage in the following activity(ies) scheduled to take place on at--------
(the "Event"):------------------------------,.---,-,--,-------
-----------------------------------(collectively, the "Activities").
In consideration of being permitted to participate in the Event and the opportunity to be included in the Programming, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I ACKNOWLEDGE,
UNDERSTAND, AND AGREE THAT:
1. Participating in the Event and engaging in any of the Activities will cause me to be exposed to extreme, hazardous and/or
unnatural circumstances(including, but not limited to, being naked or partially naked during the filming of the Programming), the
risks of which are significant, including, without limitation, the potential for harm, loss, physical and mental injury, emotional
distress, death, disability, disfigurement, physical and mental illness, and loss or damage to person(s) or property (collectively
"Loss"). I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS OF LOSS, both known and unknown, even if arising from
the negligence of the persons and/or entities released from liability below, and I assume full responsibility for my participation
in the Event and any of the Activities. IN NO WAY HAVE I BEEN SUBJECTED TO ANY COERCION, PRESSURE OR
UNDUE INFLUENCE BY PRODUCER OR VIACOM MEDIA NETWORKS ("VMN") TO PARTICIPATE IN THE EVENT OR TO
ENGAGE IN ANY OF THE ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, BEING NAKED OR PARTIALLY NAKED
DURING THE FILMING OF THE PROGRAMMING), NOR HAVE I BEEN PROMISED ANYTHING IN RETURN FOR MY
PARTICIPATION IN THE EVENT AND/OR ANY OF THE ACTIVITIES. Without detracting from the foregoing, I agree to follow
the instructions of Producer, VMN, and their designees and understand that Producer, VMN, and their designees shall not be
responsible for any Loss that I may suffer as a result of my failure to follow such instructions.
2. I acknowledge that no representations or warranties of any kind whatsoever have been made to me regarding: (a) my
qualifications or ability to participate in the Event or engage in any of the Activities; or (b) the equipment or services to be used
in connection with the Event and/or the Activities. I acknowledge and agree that I will participate in the Event, engage in the
Activities and use such equipment or services entirely at my own risk.
3. I, for myself and on behalf of my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators,
successors, and assigns (the "Releasing Parties") HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE,
FOREVER DISCHARGE, AND HOLD HARMLESS Producer, VMN, their parent and related companies, subsidiaries (whether
or not wholly-owned), affiliates, divisions, and their past, present, and future directors, officers, agents, representatives,
employees, contractors, partners, shareholders, members, successors, and assigns (the "Released Parties") to the fullest
extent permissible under law from any and all manner of liabilities, claims, and demands of any kind or nature whatsoever, in
law or equity, whether known or unknown, and whether at my instance or at the instance of any third party, related to any Loss
that I or any third party may suffer arising out of or pursuant to the negligence of any of the Released Parties or otherwise, or
arising out of my preparation for, participation, performance, or appearance in the Event, the Activities or any other activity(ies)
associated with the foregoing, whether occurring before, during, or after my actual participation in the Event, whether such
Loss be direct, indirect, consequential, or otherwise (the "Released Claims").
4. I and the other Releasing Parties irrevocably agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the Released
Parties from and against all liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known
or unknown, by whomever asserted, with respect to: (a) any and all Released Claims; and (b) any conduct in which I may
engage that has not been acknowledged and authorized by Producer, VMN, or their designees (including, but not limited to,
actions taken outside of the scope of any instructions I have been given by Producer, VMN, or their designees).
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS
TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND
VOLUNTARILY._ \
Dated: ('\
27
EXHIBIT E
Mediation and Arbitration Agreement
"Naked Dating"
All claims, controversies or disputes arising out of, in connection with, or relating to this
Agreement, the performance or breach thereof or default hereunder, whether based on contract, tort, or
statute, including without limitation any claim that this Agreement was induced by fraud (the "Covered
Claims") shall be resolved by mediation and, if necessary, binding arbitration in New York, New York in
accordance with the following terms and conditions:
a. Mediation. The mediation provided for in this section shall be conducted in accordance with the
Commercial Mediation Rules of the American Arbitration Association ("AAA"). Either party may initiate
mediation by filing a request for mediation with the New York, New York office of AAA, with a copy served on
the other party. The entire mediation proceeding, including without limitation the existence of the mediation
proceeding shall be deemed to be confidential, and no transcript or other permanent record of the meetings shall
be made or kept, except for a settlement agreement if the parties desire it to be stenographically recorded. Neither
the attorney-client nor work product privilege shall be deemed to have been waived by any statement or
disclosure made in the proceedings. Nothing written or stated orally during the proceedings shall be subject to
discovery or be admissible for any purpose, including impeachment, or even be referred to in any manner, in any
action or other proceeding between the parties. If the parties have not settled within 15 calendar days, or such
longer period as they may agree upon, after the appointment of the mediator, or earlier if the mediator fmds that
there is no reasonable possibility of settlement, either party may commence an arbitration in accordance with the
procedures set forth below.
b. Arbitration.
1. Commencement of Arbitration.
a. Arbitration Procedure. Except as otherwise provided herein, the arbitrators shall
administer the arbitration proceedings in accordance with the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") then in effect. If any conflict exists between the procedures
set forth herein and the Rules of the AAA, the procedures set forth herein shall be followed.
b. Notice of Arbitration. The initiating party must serve a written notice of intention to
arbitrate (the "Notice of Arbitration") on the respondent, and shall file a copy with the New York, NY
office of the AAA, along with the required fee.
c. Selection of Arbitrator. Within ten (10) days of service ofthe Notice of Arbitration on
the respondent, each party shall select a party arbitrator and shall serve and file a notice of appointment.
Within ten (10) days thereafter, the party arbitrators shall confer and select a neutral arbitrator. No
person may serve as a neutral or party arbitrator unless he or she is either a retired state or federal judge,
or a practicing lawyer with at least twenty (20) years of experience, including at least ten (1 0) years of
experience in entertainment law. The Covered Claim(s) shall be heard by all three (3) arbitrators, i.e.,
the neutral arbitrator and the two party arbitrators (collectively, "Arbitrators"), and all procedural matters
and the final decision and award shall be decided by a majority of them.
d. Failure to Designate Party Arbitrator. If a party fails to designate a party arbitrator
within ten (10) days of service ofthe Notice of Arbitration on the respondent, then the sole party
arbitrator shall select a neutral arbitrator, who alone shall hear and decide the Covered Claim(s). Any
award rendered under such circumstances will be as valid and enforceable as one rendered by a three-
28
arbitrator panel.
e. Failure to Designate Neutral Arbitrator. If the party arbitrators cannot agree on a
neutral arbitrator, then the AAA shall select a neutral arbitrator, who shall meet the qualifications set
forth in Section 1 (c) hereof and shall conduct the arbitration along with the party arbitrators.
f. Arbitration Schedule. Within ten (10) days of the selection of the neutral arbitrator,
the Arbitrators shall confer with the parties to set the arbitration schedule. Except for good cause, the
arbitration hearing shall be within ninety (90) days of the selection of the neutral arbitrator.
2. Discovery. Discovery will be handled expeditiously, according to the following terms and conditions:
a. Depositions. Each party shall be limited to five (5) depositions. Each corporate
designee shall count as a separate deposition for purposes of this limit.
b. Documents. Each party shall be entitled to limited document discovery. Only
documents that are directly relevant to the disputed issues and refer or relate directly to the Project
which is the subject of this Agreement may be requested. Any document request shall be narrowly
tailored to cause the least possible expense, burden, disclosure of confidential information and
inconvenience to the parties on which they are served. If financial data is sought, only documents
sufficient to establish the contested issue shall be required to be produced. The schedule for
propounding and responding to document requests shall be determined by the Arbitrators. Should
disagreement arise with respect to the scope of any document request, the Arbitrators shall resolve such
disagreement, in conformity with this Agreement.
c. Written Interrogatories. Each party shall be limited to ten (1 0) written interrogatories,
without subparts. The schedule for propounding and responding to interrogatories shall be determined
by the Arbitrators.
d. Requests for Admission. The parties agree that no requests for admission shall be
propounded by any party.
e. Subpoenas. The parties agree that the Arbitrators shall, to the fullest extent permitted
by law, have the power to issue subpoenas to third parties to compel testimony at the arbitration hearing
or the production of documents prior to or at the arbitration hearing, subject to the same limitations on
document discovery set forth in Section 2(b) hereof.
3. Dispositive Motions. The Arbitrators shall have the discretion to hear and determine at any time prior
to the arbitration hearing any issue of law asserted by any party to be dispositive of any claim, in whole
or in part, in accordance with such procedure as the Arbitrators may deem appropriate.
4. Hearing Memoranda. Pre-hearing memoranda shall be permitted at the discretion of the Arbitrators.
Each party shall be permitted to submit a post-hearing memorandum within fifteen (15) days following
the completion of the arbitration hearing. Rebuttal memoranda, if any, shall be submitted twenty-one
(21) days following the completion ofthe arbitration hearing.
5. Witness Lists. Ten (10) days before the arbitration hearing, each party shall serve a witness list
identifying (name, address, occupation, work experience, and relationship to party, if any) each witness
on its direct case and describing the subject matter and substance of that witness's anticipated testimony.
6. Arbitration Hearing. During the arbitration hearing, the Arbitrators shall hear the oral testimony and
cross-examination of each party's witnesses. Rebuttal witnesses may be heard to directly refute the
29
testimony of any such witness. A full stenographic record shall be taken of these proceedings, and the
Federal Rules of Evidence shall apply, except that hearsay may be admitted at the discretion of the
Arbitrators.
7. Governing Law. The Arbitrators' decision shall be made pursuant to the substantive law of the State of
New York without regard to its choice of law rules.
8. Written Decision and Award. The Arbitrators shall issue a written Decision and Award within forty-
five ( 45) days of the submission of the final, post-hearing memoranda. This Decision and Award shall be
signed and dated by the Arbitrators and shall set forth the Arbitrators' reasoning in support of each issue
necessary to their decision.
9. Remedies. Except as expressly limited herein, the Arbitrator(s) shall have the power to grant any
remedy or relief they deem just and equitable. Notwithstanding the foregoing, the Arbitrators shall not
have the power to award punitive or exemplary damages of any kind, and any limitation on the
availability of injunctive relief contained in this Agreement shall be binding on the Arbitrators.
10. Fees, Costs and Attorneys' Fees. The parties agree to pay the fees and costs of the arbitration relating
to their designated party arbitrator. All fees and costs relating to the neutral arbitrator will be paid by the
parties in equal shares, except that the Arbitrators may award such fees and costs to the prevailing party.
Each party's attorneys' fees and costs shall be borne by that party, except that if the Arbitrators determine
a party's position on the Covered Claim(s) to be without substantial justification, they shall award
attorneys' fees and costs to the other party.
11. Final and Binding. The parties agree that the Decision and Award shall be final and binding. The
parties further agree that no appeal shall be taken therefrom.
12. Enforcement of Arbitrators' Award. Following the issuance of the Arbitrators' Decision and Award,
either party may petition any court of competent jurisdiction in New York County to confirm the
Decision and Award.
13. Emergency Relief. Applications for emergency relief made prior to the appointment of the neutral
arbitrator shall be made in accordance with the AAA's Optional Rules for Emergency Measures of
Protection.
14. Confidentiality. All aspects of the arbitration proceedings, including but not limited to the fact that the
arbitration is being conducted, any testimony, all documents, and the culminating Decision and Award,
shall be completely confidential and shall not be disclosed to any third parties except the arbitrators and
their staff, the parties' attorneys and their staff, any experts retained by the parties, and as required by
law. For purposes of any judicial proceedings on the Decision and Award, including without limitation
confirmation proceedings, the parties stipulate and agree to request a court order or orders requiring that
all records of the arbitration proceedings, including without limitation the Decision and Award and all
court filings disclosing any aspect of the arbitration proceedings ("Confidential Records"), be filed under
seal. Pending a ruling on any such request, the parties agree to file all Confidential Records
conditionally under seal.
30
EXHIBIT F
"Naked Dating" (the "Project")
PRODUCTION PROTOCOLS
1. No drugs or illegal substances or use thereof will be tolerated at any time or place during the entire
production, on camera or off. Penalty is immediate dismissal.
2. No smoking on-camera without Producer's prior permission.
3. No still photography, sound or video recording by a Participant, or any invitee ("Invitee") of any
Participant.
4. No firearms or weapons of any sort are to be possessed or brought to any location by any
Participant or any Invitee at any time during production.
5. No Participant shall speak to any member of the press or allow him or herself to be interviewed by
any person or entity unless otherwise approved by Producer in advance.
6. No physical violence will be tolerated.
7. Essential medications or medical supplies required by Participants must be disclosed to Producer in
advance of production.
8. Participants who are not of legal drinking age may not consume alcohol, on or off camera.
9. Participants of legal drinking age may consume alcohol in a legal manner, but, if Producer deems
such consumption to be excessive or unruly, Producer reserves the right to take necessary action to
control the situation or disallow alcohol consumption to continue. Participants must follow
Producer's directions and instructions when given.
10. Participants may not negligently or willfully damage any location or any of the personal property of
Producer, VMN or any of the other Participants.
11. Participants will be responsible for providing their own clothing and personal items.
12. All Participants must abide by the rules outlined herein.
13. Participants must obey all local, state and federal laws and regulations, and accept full
responsibility for their behavior and actions and will not be protected by Producer from any
violation of law.
14. Producer may, at any time and in its sole discretion, add, remove, or replace Participants, including
by way of example if it determines in its sole discretion, that Participant is not mentally or
31
physically fit to continue in the Project or if it determines that Participant is disruptive to the
production of the Project or any of the other Participants.
15. Enforcement of the rules shall be at Producer's sole discretion. Producer's failure to enforce the
rules on one occasion, or in connection with a particular Participant, shall not preclude Producer
from enforcing the rules on another occasion or with respect to a different Participant.
16. Participants may be disqualified and ejected from the Project in the sole discretion of Producer,
including, without limitation, for any of the following reasons (as determined by Producer in its sole
discretion):
a) In the case of breach by Participant of any agreement with Producer.
b) In the case of any Participant causing harm to a location, him or herself, any other Participant
or any personal property of any other person or entity.
c) In the case of ill health, injury, or other health related matters.
d) In the case of withholding of any information or providing any false or misleading information
to Producer and/or any of its designees.
e) In the case of impeding the work of the production team in Producer's sole discretion.
f) In the case of willful misconduct or unlawful conduct (as determined by Producer in its sole
discretion), including, but not limited to, stealing or misappropriating property, harming other
Participants or crew members, acts of violence, etc.
g) Violating any rule relating to the Project or any instruction of Producer.
h) Attempting to cheat, rig or otherwise falsely, unfairly or illegally influence or alter the outcome
of the Project.
17. Any Participant removed in any of these circumstances may be replaced at the sole discretion of
the Producer at any time by an alternate Participant.
18. In Producer's sole discretion, Participant may be transported from the location for medical and
other reasons without Participant's prior approval. Any event or the production of the Project may
be delayed if necessary, as determined in the discretion of the Producer.
Participants have the right, and the duty, to report to the Producer any breach of safety, or any
behavior or circumstances that they believe might endanger anyone on the production, or the
presence of any illegal drug that they believe to be unreported or undetected.
19. Producer may modify or add to these rules at any time, whether in writing or orally, and
Participant shall be bound thereby.
32
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