Appearance Release

1. For good and valuable consideration (the receipt and sufficiency of which I hereby acknowledge), I give you, your subsidiary and affiliated companies, successors, assigns and licensees irrevocable permission to use, without payment or limitation, any portion of my interview and/or performance (the “Performance”), as taped and edited by you, in and in connection with advertising, publicizing, exhibiting and exploiting the television program and related ancillary products (including but not limited to, merchandising and commercial tie-ins) being produced by you currently entitled “Canada's Ultimate Challenge" (the “Program”) throughout the world, in perpetuity, in all media, whether now known or hereafter devised. I hereby acknowledge that you have no obligation to use my Performance in the Program. I hereby waive in favour of you and your successors, assigns and licensees all moral rights of whatsoever nature in and to my Performance.

2.    I release you, the Producer, its parent and related companies, its and their respective subsidiaries, affiliates and licensees, and each of their respective officers, agents, representatives, employees, successors and assigns, jointly and individually (hereinafter collectively referred to as the “Released Parties”), from any claims or actions I may make arising out of use of my Performance in the promotion, production, broadcast and exploitation of the Program, including without limitation, any and all claims for invasion of privacy, infringement of my right of publicity, defamation and any other personal and/or property rights. I understand that you are proceeding with the production, distribution and exploitation of the Program in reliance upon and induced by the foregoing permission.

3.    I agree to keep strictly confidential all information about the Program that I acquire during my participation in the Program.

4.    I acknowledge that I may not terminate or rescind the permission granted to you hereunder to use and photograph the Performance. In the event of any claim by me against you or the Released Parties, whether or not material, I shall be limited to my remedy at law for damages, if any, and I may not enjoin, restrain or interfere with the use of the Performance as provided in this agreement or the production, distribution, exhibition or exploitation of the Program or the exploitation of any of your rights hereunder.  

5.  This agreement shall also serve to confirm that I have the authority to grant to you, your successors, assigns and licensees the right to use the Performance and that your exercise of such rights shall not violate or infringe any rights of any third party, whether personal or proprietary.

6.   I acknowledge that I have not entered into this agreement in reliance upon any representation (written or oral, express or implied) by you not contained herein. This release shall inure to the benefit of and be binding upon the Released Parties’ successors, licensees and assigns.

7.  I agree that you and your successors, assigns and licensees are entitled to assign or license your rights hereunder to any third party. This is the entire agreement between us. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada as applicable therein.

8.  I agree that you shall have the right to change the title of the Program in your sole discretion.

9.  I further agree that the Canadian Broadcasting Corporation and the Gurin Company may rely on this agreement and are each express, intended, third party beneficiaries of this agreement.

 

If subject is a minor, which means (i) 18 and under in British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, and Yukon, or (ii) 17 and under in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, and Saskatchewan, please also complete this section:

 As a material part of the consideration inducing Producer to enter into the Agreement with me for the Program, the undersigned (“Guardian”), being my parent and/or person having custody of me does hereby ratify and approve each and all terms, conditions, rights and obligations contained in this Agreement, agrees to attempt to secure and to do nothing directly or indirectly to hinder or prevent the full performance thereof by me, consents to the use of my name, likeness, voice and biographical material, as provided in this Agreement, in and in connection with the distribution, exhibition and promotion of the Program, and irrevocably guarantees and warrants that I will not disaffirm or disavow this Agreement on the grounds that I am a minor at the date of the execution thereof, or on any other similar grounds. In the event of any breach of this Agreement by me, or if this Agreement is disaffirmed by me for any reason, Guardian also agrees to indemnify Producer, Producer’s affiliated entities, successors, assigns and licensees, against any and all loss, cost, damages and expenses of any kind of nature, including reasonable attorney’s fees, that may be suffered or incurred by Producer arising out of such breach or disaffirmance, or that may be incurred by Producer in enforcing this Agreement against me. This consent shall be applicable as well to any modification, amendment, extension, renewal or substitution of this Agreement, and to this Agreement as modified by any waiver.