I am applying to be a participant in a new television series about home renovation (the “Program”)
being developed by Scott Brothers Entertainment Inc. (“Producer”) through an online application
process (the “Application”).
By submitting my Application, I represent that I have read, understood and agreed to comply with the
terms of the Application and these Participant Application Terms & Conditions (collectively, the
“Agreement”) and acknowledge that I am giving up certain legal rights.
In consideration for being considered for and possibly selected to participate in the Program, I agree as
follows:
Co-Applicant
1. If I am submitting the Application on behalf of a co-applicant as well as myself:
a. I represent and warrant that I have the full authority to submit the Application and enter into
this Agreement on behalf of my co-applicant and to bind my co-applicant to the Application and
this Agreement; and
b. I confirm that any references to me in this Agreement will be deemed to include my co-
applicant.
Participation
2. I will comply with the eligibility requirements listed in the Application and with Producer’s
instructions with respect to the participant selection process for the Program.
3. If I have provided any false or misleading information in this Application, Producer will be entitled to
disqualify me from the participant selection process and/or the Program.
4. I acknowledge and agree that:
a. even if I meet the Program eligibility requirements, Producer is not obligated to interview me
and/or select me as a participant;
b. the participant selection process will involve subjective decisions made by Producer in its sole
discretion, subject only to the approval of the Broadcaster(s) (defined below) for the Program;
c. Producer’s participant selection decisions are final and binding on me, and not subject to
challenge or appeal; and
d. even if I am selected to participate, Producer has no obligation to produce the Program nor does
any broadcaster(s) with whom Producer has an agreement (the “Broadcaster(s)”) have any
obligation to broadcast the Program even if produced.
5. I confirm that I am not an employee, officer, director or agent of Producer any known sponsor of the
Program and/or any of their respective affiliated or related companies, licensees, or assigns, or
members of the immediate family or members of the same households (whether related or not) of
such employees, officers, directors or agents. I agree that if Producer determines, in its sole
discretion, that I am sufficiently connected with the Program (including by a connection to any
Program sponsor or advertiser), such that my participation in the Program could result in or create
the appearance of impropriety, Producer may decide I am ineligible to participate in the Program.
6. I may be asked to submit photographs, video submissions and/or written materials (collectively, the
“Materials”) as part of the Application, participant selection process, and/or the Program. I confirm
that Producer will not be obligated to return any or all Materials, whether or not I am selected to
participate in the Program.
7. I represent and warrant that the Materials: (i) do not contain any material, language or gesture that
is libelous, defamatory, indecent, profane, obscene or violent; (ii) do not contain any sexual
references and/or content; (iii) are original and that I own or control, to the full extent necessary for
Producer or Broadcaster(s) to use the Materials, all right, title, and interest (including copyright and
all underlying rights therein) in the Materials; (iv) do not infringe upon the intellectual property or
other statutory or common law rights of any third party; (v) do not contain any recognizable logos or
any other copyrighted material (including on the clothing I am wearing); and (vi) do not contain any
mention, endorsement, or “plug” any commercial product, service, venture or thing, except for the
name and business of the Company.
8. I acknowledge that Producer assumes no responsibility for any claims of infringement of rights to
intellectual property, privacy and/or personality, related to the Materials or my participation in the
Program.
9. I understand that I will not be paid any money for submitting the Application, for participating in the
participant selection process or for granting Producer the rights and benefits granted in the
Application and this Agreement, and that Producer’s consideration of me as a potential participant
in the Program is sufficient consideration.
10. I will take any further action or sign any further documents (including, without limitation,
confidentiality or non-disclosure agreements, contributor releases or otherwise) reasonably
requested by Producer to confirm or perfect the rights of Producer under this Agreement and/or in
connection with the Application and Program.
Grant of Rights
11. I agree that Producer shall have the right to capture and/or record (by still or motion picture or
audio-only) my voice, name, appearance, activities (including any interviews and performances),
biographical information, and Application information in and in connection with the participant
selection process for the Program (all such photographs and recordings to be called, collectively, the
“Recordings”).
12. I agree that Producer, or Producer’s agents and assigns, shall forever own all rights, including
copyright, in the Recordings, and shall have the irrevocable right to use, and license others to use
and sublicense, the Recordings in whole or in part, an unlimited number of times, in all languages, in
all media whether now known or hereafter devised, anywhere in the universe in connection with
the participant selection process for the Program. Producer shall have the right to edit the
Recordings and the Materials in any manner or form, and I waive any right to inspect or approve of
any use of the Content, including droit moral or moral rights, if any.
13. I retain all right, title and interest in and to the Materials I submit to Producer. I grant to Producer
the exclusive right to (and the right to authorize others to) reproduce, broadcast, distribute, use and
otherwise exploit all or some of the Recordings in and in connection with the production,
promotion, broadcast, distribution and other exploitation of the Program or any related productions
or in any other manner at Producer’s sole discretion throughout the universe in perpetuity in all
media now known or developed in future. I agree that Producer may (and may authorize others to)
edit the Recordings in connection with such use.
14. I grant to Producer a worldwide, royalty-free, sublicensable, irrevocable and non-exclusive right to
(and the right to authorize others to) reproduce, broadcast, distribute, use and otherwise exploit all
or some of the Materials in and in connection with the production, promotion, broadcast,
distribution and other exploitation of the Program or any related productions or in any other
manner at Producer’s sole discretion throughout the universe in perpetuity in all media now known
or developed in future. I agree that Producer may (and may authorize others to) edit the Materials
in connection with such use.
15. For certainty, I grant the foregoing rights in Sections 13 and 14 to Producer, whether or not I am
selected to participate in the Program. Without limiting the foregoing, Producer may use (and
authorize others to use) such Recordings in the Program or in any related productions, for
promotion and publicity or in any other manner at Producer’s sole discretion (without being obliged
to any such use) whether or not I am selected as a participant in the Program.
Confidentiality
16. I acknowledge that as a result of my submitting the Application to participate in the Program and
possible participation in the Program, I may read, hear or otherwise acquire or receive information
or materials that are confidential or would reasonably be considered confidential including, without
limitation, information or materials concerning or relating to Producer or to Broadcaster(s), to their
respective businesses, to any program produced by Producer and/or exhibited by Broadcaster(s)
including, without limitation, any information concerning or relating to the Program, the Program
applicants, the Program participants, the personal or professional lives of Program’s hosts/talent,
the locations of the Program, the events contained in the Program, and the outcome of any episode
of the Program (collectively, the “Confidential Information”). I acknowledge that the foregoing is
intended to be illustrative. I also acknowledge that my possible participation in the Program,
including without limitation, my submission of Materials and the Materials themselves, is also
confidential and not to be disclosed without prior written authorization from Producer. Whether or
not I am selected to participate in the Program, I shall not directly or indirectly use (or permit others
to use) any Confidential Information at any time and I shall not disclose any Confidential Information
to any other party at any time. I acknowledge that the Confidential Information is the exclusive
property of Producer and/or the Broadcaster(s), as the case may be. For certainty, Confidential
Information does not include information or materials that become publicly known other than
through my breach of this Agreement.
17. I acknowledge that a breach by me of any of the confidentiality provisions of this Agreement would
cause Producer and Broadcaster(s) irreparable harm that cannot be reasonably or adequately
compensated by damages in an action at law, and, therefore, I hereby expressly agree that Producer
and Broadcaster(s) will be entitled to injunctive and other equitable relief to prevent and/or cure
any breach or threatened breach of any of the confidentiality provisions of this Agreement by me.
Representations and Warranties
18. I represent, warrant and covenant that:
a. I am at least the age of majority in my province of residence;
b. I have answered all the Application questions truthfully, completely and accurately, to the best
of my knowledge and ability;
c. all persons appearing in the Materials and anyone who may have created such Materials have
agreed that they may be used, as edited, altered or modified by Producer, in all media without
compensation or consent;
d. I have or control all the necessary rights and authority to grant the rights and benefits granted to
Producer including, without limitation, the rights in the Materials; and
e. I have not given or offered to give, and shall not give or offer to give, to Producer or
Broadcaster(s) or any of their respective staff or representatives any compensation or gift to
arrange my appearance on the Program or to promote any product or service in the Program.
Personal Information
19. By submitting the Application, I authorize Producer to:
a. collect, investigate, access and use my name, mailing address, telephone number, e-mail
address and any other information included in my Application or supporting documentation
(collectively, the “Personal Information”) for the purposes of making casting and other decisions
related to the production and exhibition of the Program or any related productions by Producer
or its affiliated or related companies (the “Authorized Purposes”);
b. retain my Personal Information for the purposes of making casting and other decisions related
to the production and exhibition of any related productions by Producer or its affiliated or
related companies;
c. use my Personal Information to conduct civil, criminal, financial and/or any other type of
background check deemed necessary by Producer on me or any members of the Company (if
applicable) for the Authorized Purposes;
d. secure information about me from my current and former employers, employees, associates,
friends, family members, government agencies (including, without limitation, motor vehicle
records, and civil or criminal records), credit reporting agencies, and any references I have
provided, and I authorize such parties to provide that information, for the Authorized Purposes;
and
e. use certain elements of my Personal Information, as appropriate and except for medical
information, in or in connection with the Program, any subsequent seasons of the Program, any
ancillary or related productions, including “making-of” and “behind-the-scenes” productions,
and for publicity and promotional purposes relating to the Program, which may be exhibited or
broadcast in any and all media now known or hereafter devised and without further
compensation unless prohibited by law.
20. I acknowledge that Producer may disclose my Personal Information to third-party agents and service
providers of Producer, in connection with any of the activities listed in Section 18, above.
21. My Personal Information will be used only for the identified purposes and will be subject to
Producer’s Privacy Policy at: http://sbentertainment.com/privacy-policy/
Release
22. I hereby release Producer, Broadcaster(s), the Program advertisers and marketing agencies, all other
persons and entities connected with the Program, each of their respective affiliated and related
companies and each of their respective officers, directors, agents, representatives, employees,
assignees, and licensees (collectively, the “Released Parties”) from any and all claims, actions,
damages, liabilities, losses, costs and expenses (including, without limitation, legal fees and
expenses) of any kind arising out of or in connection with: (a) their use of the Materials; (b) my
participation in the participant selection process; (c) the collection, use and disclosure of my
Personal Information; (d) the production, promotion and exploitation of the Program; (e) the failure
of Producer to select me as a Program participant; (f) the failure to produce, or the cancellation of,
the Program; and/or (g) the exercise by Producer of any rights granted by me (collectively, the
“Released Claims”). The Released Claims include, without limitation, claims, actions, damages,
liabilities, losses, costs and expenses (including legal fees and expenses) relating to defamation,
personal injury and rights of privacy and publicity and/or resulting from the actions of any other
Program participant or any other third party at any time.
General
23. I acknowledge that in the event I breach the confidentiality or any other provision of the Application
and/or this Agreement, that breach may, in Producer’s sole discretion, result in my disqualification
as a Program participant.
24. This Agreement will enure to the benefit of the parties and their successors, assigns and licensees
and heirs and legal representatives.
25. If any provision of the Application and/or this Agreement is invalid, illegal, or unenforceable in any
jurisdiction it will be ineffective solely to the extent of such invalidity, illegality or unenforceability,
without affecting the remaining provisions in that jurisdiction or rendering that or any other
provision invalid, illegal or unenforceable in any other jurisdiction.
26. Producer may freely assign, in whole or in part, any of its rights or obligations under the Application
and/or this Agreement. I may not assign any rights or obligations under the Application and/or this
Agreement.
27. The Application and this Agreement will be governed by and construed in accordance with the laws
of the Province of Ontario and the applicable federal laws of Canada, applicable therein and
excluding choice of laws principles. Only an Ontario court of competent jurisdiction will have
jurisdiction over any matter arising out of or related to this Agreement.
