Wine

CASTING APPLICATION AND RELEASE
By checking the box below, you agree to the terms of the eligibility requirements and releases.
I, the undersigned, desire to voluntarily participate in interviews and auditions (the “Activity”) for a potential television series (the “Program”) to be produced by Tastemade, Inc. (“Producer”) for initial exhibition on one or more distribution outlets or any of its parent, subsidiary or affiliated entities, including, without limitation, (collectively, “Network”).  In connection with my participation in the Activity, I acknowledge, represent, warrant and agree as follows: 

1.	I am 21 years of age or older, of the age of majority in the state in which I reside, and legally authorized to participate in the Program in the United States.  If not a U.S. Citizen, I have in full force and effect beginning no later than November 1, 2022  and continuing through the end of December 23, 2023, any necessary or appropriate visa(s) or waiver(s) to enable me to legally participate in the Program in the U.S, a copy of which I will attach to this Casting Application and Release (“Agreement”).

2.	I represent and warrant that I have completed the participant application and/or questionnaire form attached hereto (“Application”), if applicable, and incorporated herein by this reference honestly and accurately, and that I have read, understood and agree to the eligibility requirements set forth herein.

3.	I will follow all rules made and directions given by Producer in connection with the Activity or the Program.

4.	I understand that Producer and Network reserve the right to render ineligible any person who either of them determines, in their sole discretion, is sufficiently connected with the production, administration, judging, or distribution of the Program, such that his/her/their participation in the Program could create the appearance of impropriety.  In making this decision, Producer and Network may consider whether you are, or know or have known anyone who is, or has been within the last two (2) years, an employee, officer, director or agent of any of the following:
 (i)  	Producer or any other person or entity involved in the development, production, distribution or other exploitation of the Program or any variation thereof;  
(ii)       	Network or any of their respective parent, subsidiary or affiliated entities;
(iii)    	Any sponsor of the Program or its advertising agency; or
(iv)	Any person or entity supplying goods, services or prizes (as applicable) to the Program.
I will be required to notify Producer promptly of any such relationships; my failure to notify Producer shall be deemed my representation and warranty that no relationships exist.   If I become aware of any such relationships after completing this application, I will immediately notify Producer in writing.
5.	Producer has no obligation to me whatsoever.  Without in any way limiting the foregoing, I acknowledge and agree that Producer is under no obligation to select me to participate in the Activity or the Program or to include the Activity or my participation in the Activity in the Program, or to produce the Program, and Network is under no obligation to exhibit it, even if produced.  I understand that I will not be paid any money or refunded or reimbursed any costs associated with the Activity or Program or given any other consideration for giving Producer the rights listed in this Agreement or for signing this Agreement or for being considered or selected in the Program, except for those payments set forth in any subsequent agreements, if any, for my participation in the Program.  For purposes of clarity, I understand and acknowledge that Producer will not pay or reimburse me for my costs associated with the Activity whether or not Producer photographs or records me for the Activity or Program. 

6.	I agree to keep strictly confidential all information about the Program that I may acquire during the participant selection process and/or during my participation in the Program (if applicable). I acknowledge and agree that my obligations with respect to confidentiality set forth in this application shall continue in perpetuity or until terminated by Network by giving me written notice of termination.  I acknowledge that in the event I breach the confidentiality or any other provisions of this application, my breach may, in the sole discretion of Producer and/or Network result in my being disqualified to participate as a participant in the Program.  I further acknowledge that a breach by me of any of the confidentiality provisions of this application would cause Producer and Network irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that Producer and Network shall 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 application by me.

7.	I acknowledge that any offer to become a participant may be conditioned upon my submission to a background check, in accordance with applicable laws. I hereby authorize Producer and any person or entity designated by Producer to investigate, access and collect information about me and my experiences, including without limitation from my current and former employers, associates, friends, family members, educational institutions, government agencies, credit reporting agencies, any branch of the military, and any references I have provided, about any of the statements made by me in my application, this Agreement, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a participant in the Program, or any other written or oral statements I make in connection therewith. I acknowledge and agree that any such information obtained by Producer, Network or by any person or entity designated by Producer pursuant to this paragraph or otherwise may be used for purposes of selecting participants in the Program or in the course of producing the Program, and may be described or otherwise related in and in connection with the Program, in and in connection with another program, and in and in connection with any advertising, promotion or publicity for the Program or other program. 

8.	I understand and agree that any material (“Material”) I provide to Producer in connection with the Program (including, without limitation, this application as well as other application materials, photographs, etc.) and/or that the Producer creates during the Activity shall remain the sole property of Producer.  I further understand and agree that Producer shall have the right to record me and the Activity and use (and to license or assign to others the right to use) my name, voice, likeness, appearance, biographical information (collectively, my “Likeness”), any information or Material provided by me, and any motion or still pictures or video or audio recordings Producer takes of me, in any and all media now known or hereafter devised, throughout the world in perpetuity, including without limitation in connection with any promotion, publicity, marketing or advertisement, and that Producer shall have these rights whether or not I am selected as a participant on the Program. 

9.	My participation in the activity is at my own risk.  I release, discharge, hold harmless and agree not to sue Producer, Network and each of their respective parent, subsidiary and affiliated companies, licensees, successors, and assigns, and each of their respective officers, directors, agents, representatives and employees, and all others connected with the program (collectively, the “Released Parties”), from and against any and all claims, actions, damages, liabilities, losses, costs and expenses, in any way arising out of or resulting from my participation in the Activity or appearance on the Program, the recording and/or use of my Likeness and the Materials, and any exploitation of the Program, my Likeness or the Materials under any legal theory whatsoever, including, without limitation, any and all claims, actions, and liabilities for injury, loss or damage to me, to anyone else or to any property (including without limitation personal injury, rights of privacy and publicity, false light and defamation) regardless of whether or not such injury, loss or damage was caused by the negligence or willful misconduct of any of the Released Parties.  I agree to defend and indemnify the Released Parties and hold them harmless from any and all liabilities, claims, actions, damages, expenses and losses (including, without limitation, attorneys’ fees) of any kind or nature whatsoever in any way caused by or arising out of my participation in the Activity, a breach or alleged breach of any of my representations or warranties herein, or the exploitation of any of the rights I have granted.  

10.	I understand that it is a federal offense, unless disclosed to Producer prior to broadcast, if any, to: (a) give or agree to give any member of the production staff and anyone associated in any manner with the Program, or any representative of Producer any compensation or anything else of value to arrange my appearance on the Program; or (b) accept or agree to accept anything of value to promote any product, service or venture on the Program, or use any prepared material containing such a promotion where I know the writer/creator received consideration for it. 

11.	Upon Producer’s request, I shall enter into a more detailed long-form agreement including standard terms for agreements of this type.  Until such time, the terms set forth herein constitute the entire agreement by and among the parties hereto, and supersede and replace all prior negotiations, proposed agreements and agreements relating to the subject matter hereof, and cannot be changed, rescinded or terminated except by a written instrument signed by the parties hereto.

12.	As used herein, “Producer” shall include Producer, its licensees, successors, and assigns, and each of their respective officers, directors, shareholders, employees, agents, and representatives.  I agree that Producer may license, assign, and otherwise transfer this application and all rights granted by me under this application to any person or entity.

13.	This application shall be interpreted under the internal, substantive laws of the State of California, without regard to the conflicts of law provisions thereof.  To the extent that the arbitration provisions of this Agreement are not enforced or court proceedings are otherwise required, commenced or maintained, the parties submit to the in personam jurisdiction of the Los Angeles County Superior Courts and the United States District Court for the Central District of California, and waive any objections that they may have as to jurisdiction or venue in any such courts.

14.	MEDIATION & ARBITRATION.  The parties agree that if any controversy or claim arising out of or relating to this application or the Program cannot be settled through direct discussions, they shall endeavor first to settle the controversy or claim by a mediation administered by JAMS under its applicable rules.  IF THE DISPUTE IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THE PARTIES AGREE THAT THE CONTROVERSY OR CLAIM, INCLUDING THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL THEN BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (THE “JAMS RULES”, AVAILABLE AT WWW.JAMSADR.COM, INCLUDING, WITHOUT LIMITATION, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION).  IN ADDITION, THE PARTIES AGREE THAT EITHER PARTY MAY FILES MOTIONS FOR SUMMARY DISPOSITION.  THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE A LICENSED ATTORNEY EXPERIENCED IN THE ENTERTAINMENT INDUSTRY OR A RETIRED JUDGE.  ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY OF LOS ANGELES, CALIFORNIA.  THE PARTIES AGREE THAT THE REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS APPLICATION SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THIS APPLICATION OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NOTWITHSTANDING THE FOREGOING, I RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF MY CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS APPLICATION, OR ANY INFRINGEMENT BY ME OF PRODUCER’S OR NETWORK'S INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER AND NETWORK IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, I AGREE THAT PRODUCER AND NETWORK SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT.  

15.	The illegality, invalidity or unenforceability of any provision of this application shall in no way affect the validity or enforceability of any of the remainder of this application, which shall be enforced to the maximum extent permitted by law.

I have read, understand, and agree with the foregoing and understand this Agreement is irrevocable.  I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS APPLICATION. 

This application may be executed by original, facsimile or electronic signature in a form acceptable to Producer.  Any signed copy of this application delivered by facsimile or electronic transmission shall for all purposes be treated as if it had been delivered containing my original signature, and shall be binding upon me in the same manner as though an original signed copy had been delivered.