This Agreement shall confirm that for good and valuable consideration, the undersigned (“you”) have granted permission to LBC PRODUCTIONS LIMITED and its successors, assigns and licensees (collectively, “Producer”) to use your name, likeness, appearance, performance, and voice as such name, likeness, appearance, performance and voice is photographed, taped and edited by Producer (the “Name and/or Likeness”) in the television series tentatively entitled “Junior Chef Showdown” (the “Program”) in and in connection with advertising, publicizing, exhibiting and exploiting the Program (in whole or in part), any related productions, including subsequent seasons of the Program, ancillary productions (including “making-of” or “behind-the-scenes” productions), in any and all media now known or hereafter devised, including without limitation, all forms of television, home video (including videocassettes, videodiscs and DVD), interactive “electronic” media (including Internet and CD ROM), all forms of merchandising and commercial tie-ins, and all online, mobile, and wireless media in all territories throughout the world, in perpetuity. You hereby acknowledge that Producer shall have no obligation to record your Name and/or Likeness and/or utilize the Name and/or Likeness in the Program or in any other production and that Producer may, in its sole discretion, at any time and without notice, terminate your previously scheduled appearance in the Program. You acknowledge and agree that the production schedule for the Program is subject to change at any time and at Producer’s sole discretion, and that Producer shall not be responsible to you for any costs, expenses or other amounts (direct or indirect) incurred or suffered by you or any third party as a result of such scheduling changes or the termination of your previously schedule appearance in the Program, including, but not limited to, travel costs, accommodation costs or lost wages.
You agree that Producer will exclusively own all of the footage of your participation in the Program (including, but not limited to, any musical performance), and that Producer shall be entitled to edit the footage in Producer’s sole discretion, as Producer may deem appropriate. You hereby irrevocably waive, in Producer’s favour any and all so-called “moral rights” in connection with the footage. You confirm that all of the statements made by you will not violate any personal or proprietary rights of any person.
You understand that, in and in connection with the Program, you may reveal and/or relate, and other persons may reveal and/or relate information about you of a personal, private, intimate, surprising, or embarrassing nature. You further understand that your appearance, performance, depiction and/or portrayal and your actions and/or the actions of others in the Program may be embarrassing to you, expose you to public ridicule, humiliation or condemnation and may be disparaging, defamatory or otherwise cast you in an unfavourable light. Notwithstanding the foregoing, you acknowledge and agree that the Producer shall have the right (a) to include any such information and any such appearance, depiction, portrayal, actions and statement in the Program as to include any such information and any such appearance, depiction, portrayal, actions and statement in the Program as edited, cut, altered, rearranged or other modified by the Producer in its sole discretion and in any other audio-visual production (“Productions”) or in any advertisements, promotions and publicity for the Program (“Advertisements”), and (b) to broadcast and otherwise exploit the Program, the Productions and/or Advertisements containing any such information, appearance, depiction, portrayal or actions in all media throughout the universe in perpetuity. While such inclusions and use of your appearance, depiction, portrayal, actions, statements and Name and/or Likeness might otherwise constitute an actionable tort, you freely and knowingly consent to such inclusions and use by Producer and its licensees and assigns. The waivers, releases and indemnities in this Agreement expressly apply to any such inclusion and exploitation. In addition to the foregoing and any other waivers herein, you expressly waive any confidentiality protections afforded by applicable Canadian privacy laws and consent to the collection, use and disclosure of your personal information and portrait divulged in any recordings, including, without limitation any confidential information, in the Program, the Production and the Advertisements.
You hereby voluntarily and knowingly, irrevocably and unconditionally release, discharge and hold harmless Producer (and its parent company, affiliates, partners and licensees and their respective employees, directors, officers, agents and representatives) from any and all claims, actions, damages, injuries, losses, costs, expenses, demands or liabilities (collectively, “Claims”) of any kind arising out of or in connection with Producer’s use or exploitation of your Name and/or Likeness, the Program, Productions and Advertisement, including without limitation, Claims based upon invasion of privacy, libel, slander, disparagement, trade libel, defamation, false light, right of publicity, wrongful death, negligence, and/or other fault, either active or passive, personal injury, embarrassing private facts, fraud, breach of contract and negligent or intentional infliction of emotional distress and any other claims in respect of your personal and/or property rights. You understand that Producer is proceeding with the production, distribution and exploitation of the Program in reliance upon and induced by the foregoing permission. In the event of any claim by you against Producer, whether or not material, you shall be limited to your remedy at law for damages, if any, and you may not enjoin, restrain or interfere with the use of your Name and/or Likeness, the Program, the Productions and/or the Advertisements as provided in this Agreement.
You acknowledge that you may not terminate or rescind the permission granted to Producer hereunder to use and photograph the Name and/or Likeness. In the event of any claim by you against Producer, whether or not material, you shall be limited to your remedy at law for damages, if any, and you may not enjoin, restrain or interfere with use of the Name and/or Likeness as provided in this Agreement or the production, distribution, exhibition or exploitation of any productions, including but not limited to, motion pictures, television productions (including, without limitation, movies-for-television, television mini-series and television series), home video productions, digital interactive productions, whether produced for exhibition in theatres, on network television, free over-the-air syndicated television, pay cable, basic cable, pay-per-view, “electronic” media (including Internet and CD ROM), all forms of merchandising and commercial tie-ins for the Program, online media, mobile media, or wireless media, or the exploitation of any of Producer’s rights hereunder.
You agree that you shall keep strictly confidential and shall not disclose to any other person or entity any information or materials of whatsoever nature, including without limitation, the script, characters, plots, concepts and/or any production materials, connected or associated in any manner with the Production; nor shall you authorize the publication of any news story, magazine article or other publicity or information of any kind or nature relating to the Production in any media whatsoever, including social media, without the prior express written consent of Producer in each instance. In addition to the confidentiality obligations above, you shall keep this Agreement confidential and you shall refrain from publishing or otherwise making, in any form of media, including but not limited to traditional media and social media, any negative, derogatory, or disparaging statements, with respect to the Program, Production and/or Producer, or respective parents, subsidiaries or affiliated entities and their respective representatives, employees, officers and directors.
This Agreement shall also serve to confirm that you have the authority to grant to Producer the right to use the Name and/or Likeness, the permission of no other person or entity is required for Producer to exercise the rights granted hereunder and Producer's exercise of such rights shall not violate or infringe any rights of any third party. You acknowledge and agree that your involvement in the Program shall be on a non-union/non-guild basis. You represent and warrant that you are not a member of ACTRA or any other similar union or guild, and that you have the full right and authority to sign this document and to grant the rights purported to be granted in this release.
This Agreement is the entire agreement of the parties with respect to the subject matter hereof and cannot be modified or cancelled except by written instrument signed by both parties. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario. You acknowledge that you have not entered into this Agreement in reliance upon any representation (written or oral, express or implied) of Producer not contained herein. You agree that Producer may assign this Agreement and its rights hereunder to any third party. This Agreement shall inure to the benefit of and be binding upon the parties’ respective successors, licensees and assigns. This Agreement shall be governed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and the parties hereby attorn to the exclusive jurisdiction of the courts of the Province of Ontario.
If Artist is a minor, the undersigned parent(s) or guardian(s) (“Parent”) hereby: (a) represents that Parent is the legal parent and/or guardian of the “Artist”, whose name listed above, and no separation and/or custody agreements exist, and no judgment, order or decree has been made by any Court, granting or awarding the custody of Artist to any other person or in any other manner affecting the status or the right of Parent as parent(s) or legal guardian(s) of Artist; (b) consents to the execution by Artist of this Agreement (if applicable), and the appearance/participation and the rights granted herein; (c) represents that the consent of no other person is required in order for this Agreement to be binding upon Artist; (d) acknowledges that Parent has read and understands this Agreement; (e) confirms that the Agreement is fair and reasonable and is for Artist’s benefit; and (f) agrees that Parent will not revoke this consent while Artist is a minor or any time thereafter. If only one parent and/or guardian signs this Agreement, then such parent and/or guardian will be deemed to represent and warrant that said parent and/or guardian has the exclusive authority to act on behalf of Artist and on behalf of the non-signing parent and/or guardian insofar as all matters related to the Program and this Agreement/ Recording are concerned.
LBC PRODUCTIONS LIMITED
