This privacy policy (this “Privacy Policy”) governs this form and all websites or other services that link to, or contain references to, this Privacy Policy and are published or made available by Producer. Please read this Privacy Policy carefully. It summarizes the various ways in which we acquire and treat your personally identifiable information when you submit this form (the “Form”). This Privacy Policy does not cover information collected on sites, applications, destinations or services linked from the Form that we do not own or control. By checking this box, you acknowledge and agree to the terms of this Privacy Policy.
We only have access to and collect information that you voluntarily give us through the form contained in this Form. In addition, we may acquire your information when you contact us by telephone, postal mail, electronic mail, social media interaction or messaging. We will not sell or rent this information collected on this Form to anyone. We plan to use your information in order to cast for our programs.
We may also use your information for marketing communications. We will not share your information with any third party outside of our organization, other than (1) as necessary to evaluate your application, including, without limitation, sharing such information with the Program's distributor, (2) as may be required for purposes of health, safety and other matters in the public interest or (3) as may be required to cooperate with official investigations or legal proceedings brought by or otherwise involving governmental and/or law enforcement officials, as well as private parties, including in response to subpoenas, search warrants, court orders or other legal processes. We take commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of the information that you share with us. Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information that you send to us or the security of servers, networks or databases that we use.
By submitting this Form, you agree to assume all risk in connection with the information you share with us. We are not responsible for any loss of such information or the consequences thereof. In the event that we believe your information has been compromised, we may seek to notify you. If you do not wish to receive future marketing or other commercial messages from us, simply contact us via email at info@spokestudios.com. In addition, you can contact us at info@spokestudios.com in order to ask any questions, verify the data we have about you, change or correct any data we have about you, delete any data we have about you or otherwise express concerns you have about our use of your data.
In consideration of Butternut LLC (the “Company”) considering me as a participant in the audiovisual project currently titled “Married to Design” (the “Program”) which may be exhibited, streamed, and/or broadcasted by a third-party distributor (the “Network”) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows:
I represent and warrant that all of the information provided in this application (“Application”) is true and accurate, and acknowledge that any false, misleading or incomplete information submitted by me in connection with the Program is grounds for my immediate elimination from consideration. I irrevocably grant to Company the right to interview me in connection with this Application and that any such interview and that any other statements or actions by me in connection with the Program may be filmed or taped. The information contained on this Application, any filmed or taped interview material and any other material submitted by me including, but not limited to, pictures, film and videotapes (collectively, the “Material”), shall be deemed to be “works-made-for-hire” under the Copyright Act and shall be the exclusive property of Company. If the Material or any part thereof is for any reason deemed not to be a “work-made-for-hire,” then I hereby irrevocably and perpetually grant and assign to Company all rights of any nature in and to the Material that I may possess. Company shall have the right to use or otherwise exploit and authorize others to use or otherwise exploit the Material, or any portion thereof, in any manner and in any media, now known or hereafter devised, throughout the world, in perpetuity. Without limiting the foregoing, the Material may be edited, cut, rearranged or otherwise revised or modified. I further grant Company the right to use and license others to use my name, voice, image, likeness and biographical information in and in connection with the Program or otherwise, and in connection with advertising, programming and publicity materials for the Program (including, without limitation, in commercial tie-ins) and/or for Company or Network. I acknowledge and agree that Company has no obligation to use any of the rights granted by me herein, and I make this grant the rights whether or not I am ultimately selected as a participant.
I acknowledge and agree that I am applying solely for the purpose of being considered by Company to participate in the Program, and I will not receive compensation or credit for making a submission.
I acknowledge that Company is not obligated to interview me or select me as a participant even if I meet all eligibility requirements and selection criteria for participants on the Program and that Company has the right, to eliminate me from further consideration as a participant or potential participant at any time for any reason. Even I am selected, Company is not obligated to produce the Program or have me appear, and neither Company nor Network are obligated to exhibit the Program, the Materials, my appearance thereof or any portion thereof. Company reserves the right to modify the eligibility requirements at any time.
I hereby unconditionally and irrevocably release and forever discharge each of Company, Network, all persons or entities involved in the pre-production or production of the Program and each of the foregoing entities’ respective parents, subsidiary and related entities, affiliates, successors and assigns, and each of their respective directors, officers, employees and agents, (collectively, the “Released Parties”), from any and all claims damages, liabilities, costs and expenses of any kind, resulting or arising out of or in connection with my application for the Program, participant selection determinations and/or the exercise of any rights granted by me herein (collectively, the “Released Claims”). The Released Claims shall include but are not limited to those based on negligence, personal injury, property damage, products liability, libel, slander, defamation, invasion of privacy, publicity or personality, infliction of emotional distress, and infringement of trademark, patent or copyright. I hereby agree that I will neither sue nor file any claim, complaint or lawsuit against any of the Released Parties for any of the Released Claims. I further agree to defend, indemnify and hold harmless each of the Released Parties from and against any and all claims, liabilities or expenses (including outside attorneys’ fees) by whomever asserted arising from or relating to: (a) my breach or alleged breach of any representations and warranties herein; (b) my acts, statements and/or omissions in and in connection with the Materials and Application; (c) the use of any of the rights I have granted herein; and (d) my violation of any law, rule or regulation. I agree that any and all claims, disputes or controversies arising out of or in connection with this Application or otherwise as part of my application for or participation in the Program that are not otherwise barred or released pursuant to the terms herein shall be resolved exclusively and confidentially by binding arbitration before a single, neutral arbitrator, under the auspices of JAMS using its Streamlined Arbitration Rules and Procedures, through its Los Angeles, CA office. I agree that my remedies for any breach of this Agreement by Company or others will be limited to monetary damages, if any, and in no event will I be entitled to rescind this agreement or the rights granted hereunder, or to seek or obtain injunctive or any other equitable relief
I agree that I shall not disclose to any third party any information I obtain through any source
whatsoever about the Program, including but not limited to the application and/or casting process, any interviews or conversation with the Company or Network (including, without limitations, their employees), taping locations, the events or outcome of the Program, and the business or creative affairs of Company or Network. This agreement is not assignable by me; the agreement may be freely assigned by Company in whole or in part. This agreement shall be governed by and interpreted in accordance with the laws of the State of California. If I am selected by Company to advance in the selection process, I agree to execute and deliver to Company its long-form participant agreement for the Program and such other documents as Company deems necessary or advisable. I represent and warrant that if I have provided information about a minor in the Application, I am the parent and/or legal guardian of that (“Minor(s)”). I hereby expressly approve and agree that if I have provided information about the Minor(s), all the terms I have agreed to in this Application also apply to the Minor(s) in connection with their participation and their casting/interview process in connection with the Program. For the purpose of clarity, I hereby authorize Company interview the Minor(s) via phone call or video chat, and I consent to any filming and/or recording of the Minor(s) in connection with the Program, interview, and/or casting process. I hereby guarantee that the minor shall not at any time disaffirm the Application or the permissions granted herein by reason of the minor’s minority or otherwise and hereby agree to indemnify Company and its assigns from any and all loss arising from or relating to any claims made by or on behalf of the Minor(s) relating to the subject matter of this Application or from any and all loss arising from or relating to the breach of any guarantee(s) made by the undersigned in this parental consent. The consideration provided for and/or referenced in the Application shall be deemed to be the consideration in full for all rights granted to Company and for all obligations undertaken pursuant to the Application and pursuant to this parental consent, not only by the Minor(s) but also by me.
This agreement constitutes the entire understanding and agreement of the parties, and supersedes all prior understandings, whether written or oral. Should any provision of this agreement be void or unenforceable, such provision shall be deemed omitted, and this agreement with such provision omitted shall remain in full force and effect.