ELIGIBILITY REQUIREMENTS AND TERMS AND CONDITIONS (INCLUDING PRIVACY)
THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, PRIVACY AND PERSONAL INFORMATION. PLEASE READ THESE TERMS CAREFULLY.
You must indicate your acceptance of the eligibility requirements below by checking the box signifying your agreement where indicated if you wish to apply to be considered for “Escape From The City”.
I, the applicant named in this Participant Application, agree with FremantleMedia Australia Pty Ltd (the “Producer”) that in consideration for the Producer’s labour and expense in making arrangements relating to my participant application for the television program provisionally entitled “Escape From The City” (also referred to as the “Program”) and the opportunity provided to me to potentially appear in or in association with the Program, I hereby consent to the filming and recording of such contribution and my involvement in the auditioning process and the Program, on the terms and conditions below:
1. I am at least 18 years of age on the commencement of any auditions and/or filming for the Program and an Australian citizen or resident and will supply a copy of my birth certificate, passport or such other documentation as the Producer may require to confirm such.
2. Neither I nor any member of my immediate family or anyone living in my household are or have been within the last two (2) years an employee, officer, director or agent of any of the following:
a) The Commissioning Network Broadcaster (“Broadcaster”), its affiliated entities, or any television station owned and operated by the Broadcaster or its affiliates; or
b) The Producer or any its associated entities.
In addition, Producer and Broadcaster reserve the right to render ineligible at any time, any person whom any of them determines, in its sole discretion, is sufficiently connected with the production, administration or distribution of the Program.
3. I will be available to the production on the dates and times advised by the Producer from time to time and I am willing to travel to various locations as part of production of the Program.
4. I am willing to submit medical information to the Producer and to be available for and submit to any required medical examination, psychological examination and background check including criminal record if requested by the Producer, prior to or during the production breaks, as arranged by the Producer in consultation with me.
5.I hereby give the following representations, warranties, acknowledgements, consents and releases:
(a) I hereby represent, warrant, acknowledge and agree that:
i. I have read and I meet and agree to be bound by the terms and conditions of the Program as they relate to the Program and its participants including but not limited to those in the Application form, these terms and conditions, any eligibility requirements and any subsequent terms and conditions relating to the Program and its participants;
ii. I will abide by any terms and conditions relating to the Program and any interview, auditioning process, event, activity, promotion or publicity relating thereto as devised from time to time by the Producer and will accept the decision of the Producer as final (including but not limited the Producer’s decision relating to my eligibility) and I hereby acknowledge that the interests of the Program shall override those of any participant including myself;
iii. I have completed this application and will complete all forms associated with the Program honestly and accurately and I agree that the answers and information I will supply in such forms and otherwise to the Producer will be in no way misleading. I furthermore acknowledge that the Producer reserves the right exercisable at any time at its sole discretion to disqualify me from the Program should I at any stage supply untruthful, inaccurate or misleading personal details or information or otherwise be in breach of these terms. Accordingly, I understand that if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program if I am selected to participate;
iv. the Producer has no obligation to interview me, and/or select me as a participant for the Program;
v. even if I am selected as a participant, the Producer has no obligation to record my involvement in the Program and Broadcaster has no obligation to broadcast my involvement in it;
vi. all decisions by the Producer concerning selection of participants is final and not subject to challenge or appeal;
vii. the Producer has no obligation to return any materials submitted by me as part of the application whether or not I am selected as a participant;
viii. I have not and will not enter into any commercial or other sponsorship agreement or arrangement with any person, firm or company in respect of my appearance in the Program;
ix. I have informed the producer of any existing talent or career management contract which I have entered into up until this date;
x. I have not entered into any contractual, commercial, sponsorship or other arrangement in respect of my name, likeness, image or biography;
xi. I warrant that I am not currently being considered to be a participant, contributor or performer on any other television program and will immediately inform the Producer if I am and will immediately withdraw from such television program;
xii. I warrant that if I appear in the Program by way of the Producer’s filming of auditions or otherwise, I will not appear on any other television program until 6 months after the date of broadcast of the final episode of this Program.
(b) By submitting this application:
i. I hereby consent to the recording, use and reuse by Producer, Broadcaster, and any of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representative, officers and directors (collectively “Releasees”) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application (including any photographs and video which I submit) and/or participation in the Program (including any audition) or in any materials submitted by me or a third party in connection with my application and/or participation (which includes, without limitation, any personal information as defined in the Privacy Act 1988 (Cth) or otherwise (“Personal Information”)), (collectively “Likeness”) as edited, altered, or modified by the Producer or by any of the other Releasees, in any and all media now known or hereafter devised, throughout the world in perpetuity, in or in connection with the Program.
ii. I further agree that the Producer exclusively owns all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings (including recordings of myself) made by the Releasees and in and to any and all video that I have provided in connection with my application and any other materials that I have provided or may provide in connection with my application or the Program (collectively the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised throughout the world, in perpetuity.
iii. Without limiting the foregoing, I hereby assign irrevocably to the Producer (including present assignment of future copyright) the entire copyright and all other rights of whatsoever nature in my appearance and contributions to the Program and any recordings of these, the Likeness and the Materials such that the Producer shall be entitled to use and exploit and license others to use and exploit my contributions to the Program, the Likeness and the Materials by all means and in all media and formats whether now known or hereafter invented throughout the world for the full period of copyright including any extensions and renewals thereto and thereafter insofar as is possible in perpetuity. Furthermore, I grant irrevocably all consents and waivers (to the extent permissible at law) necessary to enable the Producer (and persons authorised by the Producer) to make fullest use of the Program, my contributions to the Program, the Likeness and the Materials without restriction.
iv. Without limiting the forgoing, I acknowledge that I recognise the needs of television production, promotion and distribution and hereby irrevocably consent to the Releasees (and persons authorised by the Releasees) editing, producing, amending and adapting the results and proceeds of my contributions to the Program, the Likeness and the Materials (collectively the “Works”) or any other act or omission in relation to the Works as the Releasees deem fit in their absolute discretion and whether or not such acts or omissions constitute an infringement of my moral rights as that term is understood pursuant to any provision of law prevailing now or in the future in any part of the world (“Moral Rights”). I acknowledge and agree that the Releasee (and persons authorised by the Releasees) will not be liable to me and that I will have no claim against the Releasees or any other person for any act or omission of the Releasees (and persons authorised by the Releasees) resulting in any prejudicial or derogatory portrayal or representation of me and/or the Works or any other act or omission which might otherwise constitute an infringement of my Moral Rights. In all other respects, I irrevocably waive to the extent permissible by law and agree never to assert any Moral Rights arising out of or in connection with the Works against the Releasees or any other person throughout the world in perpetuity. I will not institute any action on the ground that any changes, deletions, additions or other use of the Works violates my Moral Rights.
v. Without limiting the forgoing, I agree that the Releasees shall be entitled to:
(a) alter, adapt or make additions to or deletions from the Program and the Works (and my Likeness thereon) at their discretion;
(b) make and exploit and to authorise the making and exploitation of any recording or fixation of my Likeness and the Works separately from or in conjunction with the Program throughout the world in perpetuity in all media or in any other manner whether now known or hereafter invented;
(c) dub my voice in any language; and
(d) use my Likeness, the Materials, the Works photographs of me and recordings of interviews with me separately from or in conjunction with the Program in all media and formats throughout the world including but not by way of limitation in advertising, publicity, promotions, marketing and exploitation material. For the avoidance of doubt, I irrevocably consent to the Releasees (and persons authorised by the Releasees) transferring Personal Information about me overseas to related body corporates and third parties associated with the Program and to use the Personal Information in accordance with the provisions in this Agreement.
viii I agree that I will not be paid any money for giving to the Releasees the rights referred to in this Agreement or for signing this Agreement. However, I acknowledge and agree that the Producer’s labour and expense in making arrangements relating to my participation in the auditions for the Program and/or the Program and the opportunity provided to me to potentially appear in or in association with the Program, (the “Benefits”) include sufficient and adequate consideration for the use and exploitation of my contributions to the auditions of the Program and/or the Program, the Likeness and the Materials, the Works (including without limitation my appearance in any and all episodes of the Program) by any means and media, anywhere in the world and I waive any right and/or entitlement to any equitable relief, remuneration or other payment howsoever arising in connection with such use or exploitation. I further acknowledge and agree that the Benefits also include full and final consideration for my attendance at any and all activities as required by the Producer in connection with the Program. I also acknowledge that no repeat fees will be payable to me in respect of any subsequent rebroadcast or retransmission or any other use by the Producer (or any assignees or licensees) of the Program or any part thereof.
ix I release the Releasees (jointly and severally) from any and all liability arising out of the recording or use of my Likeness and/or the Materials and I agree not to make any claim against the Releasees as a result of the recording or use of my Likeness, the Materials and/or the Works (including, without limitation, any claim that such defames me, invades any right of privacy or infringes any intellectual property rights I may have).
x I agree that the Releasees (jointly and severally) shall not be liable to me or my legal representative for any loss or damage or injury to me or my property caused by or suffered during or in connection with my taking part in the Program.
xi I agree not to disclose to any third party (other than my professional advisors) any information relating to the Program or the affairs of the Producer (or any assigned company) or Broadcaster, which may come to my knowledge during or in connection with my participation in the Program including but not limited to other participants.
xii I agree that I will not publicise or discuss with any third party without prior written consent from the Producer any information relating to the Program, my appearance in the Program, any of the production team or any participants in the Program nor any other information which may come to my attention relating to Broadcaster or the Producer or otherwise connected to the Program save for such information which is already public knowledge. Should I be contacted by a member of the press at any time I agree to refer them to the Producer or such person as the Producer may nominate.
xiii I agree that I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever.
xiv I will at the request of the Producer, do everything necessary, including execute any documents, to give effect to this agreement and the transactions contemplated by it and cause third parties to do the same.
xvI agree that the Producer may assign my services and all other rights in my contribution to the auditions and/or the Program, the Likeness, the Works and the Materials to any subsidiary or associated companies or successors in title and to any other third party.
6. I represent and warrant that I will not take any photographs or audio or video recordings of the auditions or anything or persons relating to the Program, and by attending an audition, I agree to keep any and all information regarding the Program completely confidential and to not conduct any interviews or provide any comment or disclose any information to the public, the media (including online and social media) or any individual other than Producer or without the consent of the Producer, including, without limitation, information concerning or relating to the Program , identity of any other participants, the identity of the Host, any and all actions and comments of any other participant, Host, the Producer. I further agree that these terms and conditions and any other terms and conditions that I am required to accept and sign are of a confidential nature and I undertake not to disclose them to any person or entity and indemnify the Producer for any kind of loss arising from any disclosure.
7. I acknowledge and agree that, if I am selected as a Participant in the Program, I will be required to read, approve and sign a Participant Release Form.
8. Jurisdiction and Enforceability.
(a) If any Clause or part of this agreement shall for any reason be properly adjudged by any court or other legal and/ or competent authority to be invalid, illegal or unenforceable in any respect the legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
(b) I agree and acknowledge that my sole remedy for any breach of these terms and requirements is an action at law for damages (if any), and that I do not have the right to rescind this agreement or to revoke any of the rights granted under this agreement or to seek or obtain injunctive or other equitable relief restricting or delaying the production, exhibition or exploitation of the Program. I agree that this provision is fundamental to this agreement.
(c) The Courts of New South Wales shall have sole jurisdiction in relation to the terms and conditions of this agreement, which shall be interpreted according to the laws of New South Wales.