The Big Brunch

APPLICATION RELEASE *
This release is made to allow Monterey Pictures, Inc. (“Producer”) to further consider the undersigned (“you”) as a potential participant on the audiovisual project currently entitled “The Big Brunch” (working title) (the “Program”), intended for initial exhibition by HBO Max (“Network”). You are giving this release in conjunction with the participant application to which this release is attached (collectively with this release, the “Application”) and in consideration for Producer to continue to consider you to potentially participate in the Program.  You recognize that your signature on this release is a condition of Producer permitting you to potentially be a participant on the Program.  Accordingly, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you acknowledge and agree as follows:

1.	If you are selected as a potential participant for the Program, you must execute participant agreements and other documents that will contain waivers and releases, including, but not limited to, a background questionnaire, longer form participant agreement and other agreement(s) and/or document(s) as required by Producer or its licensees, successors or assigns. You hereby authorize Network to conduct civil, family court, criminal, financial, driver history and any other type of background check deemed necessary by Network. Network reserves the right to disqualify any applicant from further consideration based on the results of such background check in Network's sole discretion.

2.	You hereby give the following representations, warranties, acknowledgements, consents and releases: 

(a)	By signing below, you hereby represent, warrant, acknowledge, and agree that: (i) you have read and you meet and agree to be bound by the eligibility requirements set forth in this Application; (ii) you have completed this Application honestly and accurately; (iii) if any of the information in this Application is found to be false or incomplete, it will be grounds for removal from the participant selection process and/or from the Program (if selected); (iv) even if you meet the eligibility requirements, Producer has no obligation to interview you and/or select you as a participant; (v) even if you are selected as a participant, Producer has no obligation to produce the Program and Network has no obligation to exhibit the Program or your participation (if any), even if produced; (vi) all decisions by Producer concerning selection of participants are final and not subject to challenge or appeal; and (vii) Producer has no obligation to return any Materials (as defined below) or any other material submitted by you as part of or otherwise in connection with the participant selection process (including without limitation, any Photographs and/or Video Submissions, as such terms are defined below) whether or not you are selected as a participant, and Producer may, but is in no way obligated to, use any such materials in and in connection with the Program or in the advertising, promotion, publicity, marketing, and merchandising thereof.
 
(b)	You understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer or its designees, in their sole discretion.  You understand and agree that all participant selection and elimination decisions shall be final and binding on you in all respects, and shall not be subject to challenge or appeal.  

(c)	By signing below and submitting the Application, you hereby consent to the recording, use and reuse by Producer, Network, any television station, studio, network, platform, streaming service or other distribution outlet authorized to exhibit and/or distribute the Program, each of their respective parents, subsidiaries, related and affiliated entities, and all other persons and entities connected with the Program, and the assigns, designees and licensees of each of the foregoing, jointly and individually (hereinafter collectively referred to as the “Releasees”), of your name, voice, statements, actions, acts, likeness (actual or simulated), sobriquet, appearance, biological and biographical information, and any information contained in, derived from or obtained in connection with the Application (collectively, "Likeness"), as well as any audio-visual recordings and/or photographs of you taken during the participant selection process and any drawings or sketches created by you or any other materials submitted by you (or that you may submit), including, but not limited to, photograph(s) (each a “Photograph”) and/or video(s) submitted by you or otherwise in connection with the Application (each, a “Video Submission”); and trademarks and service marks (collectively, with the Photographs and/or Video Submissions and/or any materials submitted by you, the “Materials”), in and in connection with the Application, the participant selection process, and the Program, as edited, altered, or modified by the Releasees, in any and all media, whether now known or hereafter devised, throughout the universe, in perpetuity, including, without limitation, in and in connection with the development, production, distribution and/or exploitation of the Program and/or any other production, and the advertising, promotion, publicity, marketing, and merchandising thereof, without any compensation whatsoever.  You agree that the Releasees may use all or any part of your Likeness and/or the Materials, including in any and all promotions, marketing, commercial tie-ins, advertising or publicity for the Program and/or for Producer or Network.

(d)	Further, by signing below and submitting the Application, you warrant and represent that everyone appearing in any Materials and anyone who may have taken such Photograph(s) and/or shot such Video Submission(s) agrees that such Photograph(s) and/or Video Submission(s) may be used, as edited, altered, or modified by the Releasees, in any and all media, whether now known or hereafter devised, throughout the universe, in perpetuity, including, without limitation, in and in connection with the development, production, distribution, exhibition and/or exploitation of the Program and the advertising, promotion, publicity, marketing, and merchandising thereof, without any compensation whatsoever. You further warrant and represent that you have all rights, licenses, permissions and consents necessary to submit the Materials and to grant all of the rights that you have granted to Producer herein, and that you have obtained written permission when taking any Photograph(s) and/or recording each and every part of the Video Submission(s) on private property not owned or controlled by you, where such permission is required. You further agree that Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights and extensions and renewals thereof) in and to the Program (as the Materials may be incorporated therein).  

(e)	You grant the rights hereunder and are making the covenants, agreements, waivers, releases and/or indemnities herein whether or not you are ultimately selected as a participant in the Program.  You understand that you will not be paid any money or other consideration for giving Releasees these rights or for signing the Application, and further  acknowledge and agree that Producer has no obligation to use any of the rights granted by you herein.

(f)	You voluntarily accept and assume any and all risk as to any damages or injury, including personal or property damage or injury, occurring directly or indirectly as a result of the application process, your participation in the application process, the Application, your participation in the Program, or the disclosure or use of any of the Materials you provide during the application process.

(g)	By signing below and submitting the Application, you hereby release: each of the Releasees; the other participants in the Program; and the advertisers connected with any program in which the Materials, your Likeness appears (including, without limitation, the Program); from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys' fees) arising out of, resulting from, or by reason of, your application for or participation in or in connection with the Program or the use of Materials, your Likeness, including, without limitation, your participation in the participant selection process of the Program, any travel for or in connection with the Program, any exploitation of the Program or your participation or appearance on the Program or in the Materials, the failure by Producer to select you as a participant, the cancellation of the Program, or the exercise by Producer or any third party of any rights granted by you herein or with respect to the Program or the Materials, your Likeness, on any legal theory whatsoever (including, but not limited to, personal injury, misappropriation, copyright infringement, breach of express or implied contract, rights of privacy and publicity, false light, and defamation) (collectively, the “Released Claims”). The Released Claims specifically include, without limitation, any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees) of any kind resulting from the actions of another participant or any other third party at any time.  

(h)	You hereby acknowledge that there is a possibility that subsequent to your execution and submission of this Application, you may discover facts or incur or suffer claims which were unknown or unsuspected at the time this Application was executed and submitted, and which if known by you at that time may have materially affected your decision to execute and submit this Application.  You hereby acknowledge and agree that by reason of this Application and the release contained in the preceding paragraph, you are assuming any risk of such unknown facts and such unknown and unsuspected claims.  You have been advised of the existence of Section 1542 of the California Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

(i)	You agree to defend, indemnify and hold harmless each of the Releasees from and against any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees) that in any way arise out of or result from: (i) your breach of any representations, warranties, or covenants made by you in this Application; (ii) your acts, statement or omissions in and in connection with your application for or participation in the Program; and (c) use of any of the rights granted by you herein.

(j)	Whether or not you are selected to be a participant on the Program, you agree to keep strictly confidential all information about the Program that you acquire during the participant selection process and/or during your participation in the Program (if applicable).

3.	You represent and warrant that you have read and can comply with all of the following eligibility requirements in order to qualify for the Program:

a.	You must be a legal resident of the United States.

b.	You must be at least twenty-one (21) years of age as of the date this Application is submitted.

c.	Employees, officers, directors and agents of Producer, Network, and their respective affiliates, subsidiaries, divisions, parent corporations, and joint venture partners, all Program advertising, promotional and judging agencies, Program broadcasters and distributors and all other companies associated with the production, administration and/or exhibition of the Program and/or any of their respective licensees, assigns, parents, affiliated and subsidiary companies, divisions, and joint ventures as well as (a) the immediate family (spouse, ex-spouse, mother, father, sister, brother, daughter or son, step-parents, step-children, step-siblings, regardless of where they live), and (b) members of the same households (whether related or not) of such employees, officers, directors and agents, are not eligible to be contestants on the Program or to participate in this application process. In addition, any applicant closely acquainted with any person connected with the production or administration or exhibition of the Program is not eligible if, in Network's sole discretion, the person’s participation could create the appearance of impropriety.

d.	You may not presently be a candidate for any type of political office ("Candidate") and may not become a Candidate from the time the application is submitted until one (1) year after first broadcast of the last episode of the Program in which You appear.

e.	You must be in excellent physical and mental health.

f.	Only one (1) Application per person will be accepted. If you submit more than one (1) application, you may be disqualified.

g.	If selected to participate, you must be available to participate in the taping of the Program throughout the production period in approximately March 2022 and/or April 2022 (dates subject to change in Producer’s and/or Network’s sole discretion) in Los Angeles, California and/or other locations as determined by Producer in its sole discretion; and (ii) other selected dates and locations in connection with the Program’s premiere and promotion of the Program if required by Network in its sole discretion.

h.	If you have appeared on or are involved with any television program or other media, you must disclose such information in your Application and may, at Producer's sole discretion, be deemed ineligible to participate in the Program. If you are currently being considered as a contestant and/or participant in a television show, you must withdraw your application from such show upon Producer's request.


4.	If selected to participate, you agree to truthfully provide all information requested by Producer and/or Network and to abide by all health and safety rules and guidelines put in place by Producer and/or Network relating to working conditions in regard to the COVID-19 pandemic.

5.	You will be ineligible if, as of the date hereof, you have any type of contract for talent representation (for example, a talent agent or manager), an acting contract, a television hosting contract, a merchandising agreement, or any other contractual arrangement that would prohibit applicant from entering into a participant agreement with Producer and fulfilling its requirements. If you are selected as a participant you will be required to provide evidence in a form that is satisfactory to Network in its sole discretion that any such agreements or contracts will not prohibit or limit in any way a Semi-Finalist's/Finalist’s obligations to Network, as set forth herein, and in accordance with such other directives of Network. 

6.	You understand and acknowledge that participation in the Program, including, without limitation, the activities and events arranged by the Program coordinator (including, but not limited to, use of stoves, ovens, knives and other kitchen equipment) may expose you and other participants to the risk of death, serious injury, illness or disease and/or property damage. You must be willing and able to participate in physical activities related to working and performing in a kitchen (including using stoves, ovens, knives, and other kitchen equipment), on location, on television sets, and the like. You must sign a release attesting to the fact that you understand and knowingly and willingly agree to assume such risks. You understand that by submitting this Application, you accept and assume all risks known or unknown of any nature (including, without limitation, the foregoing) that may arise in any way from or relate to your participation in the selection process for and/or participation in the Program. 

7.	You acknowledge, understand and agree that Network may disclose any information contained within or derived from your Application to third persons connected with the Program and to compile information from third parties in connection with such application and the application process about your private, personal and public life; medical treatment/history (both physical and mental); educational and employment history; military history; criminal investigations, charges and records; personal views and opinions about life, food, cooking, television, the media, and the like (collectively, "Personal Information"). You acknowledge and agree that Network may reveal such Personal Information to third parties in the course of the application process and/or the Program and you release, discharge, and hold harmless the Releasees (as defined above) from any and all claims and damages arising from such compilation or disclosure of Personal Information.

8.	You acknowledge and agree that you are not and will under no circumstances as a result of the submission of an Application, participation in the selection process, participation in the Program, the use of the Personal Information or Materials and/or the use of your Likeness in connection with the Program, the promotion thereof in all media now known or hereafter devised or for any other reason in connection with his or her application and/or participation in the Program become an employee of the Producer and/or Network and will not make any claims against Producer and/or Network, including, without limitation, claims for compensation, derived from any allegation of status as an employee. You acknowledge and agree that your relationship to Producer and/or Network is and shall be limited solely to that of a grantor of rights.

9.	You agree that Producer may license, assign, and otherwise transfer the Application, the Materials, and all rights granted by you hereunder to any person or entity. 

10.	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.

11.	You agree that your remedies for any breach of this Application by Producer or others will be limited to monetary damages, if any, and in no event will you be entitled to rescind this Application or the rights granted hereunder, or to seek or obtain injunctive or any other equitable relief.

12.	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 Application 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.  

13.	You hereby agree that you have read and understand this Application and that no oral representations of any kind have been made to you, and that this Application states our entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both you and Producer.

By signing below, you hereby acknowledge that you have read, understand, and agree to be bound by all of the terms and conditions of the foregoing and that all information provided in this Application is true and complete.