Second Act

ELIGIBILITY REQUIREMENTS *
“SECOND ACT” (the “Program”)

ELIGIBILITY REQUIREMENTS AND RELEASE

Please be advised that you must meet the following eligibility requirements in order to be considered to participate in the Program:
•	You must be a legal resident of the United States.
•	You must be at least twenty-nine (29) years of age as of the date this application is submitted.
•	You are not currently, nor do you currently intend to be, a candidate for public office, and if there is any change in this representation prior to the initial exhibition of the Program in which you appear, you must immediately notify Buckingham Television, Inc. (“Producer”). Becoming a candidate before or around the time of the initial exhibition of the Program may under certain circumstances have legal implications on the exhibitor’s ability to exhibit the Program.
•	You must voluntarily submit to a background check, medical exam and psychological evaluation (if requested). 
•	You must be free from any and all holding or exclusivity agreements in connection with other media programs. 
•	If you are selected as a potential participant you must execute waivers and release agreements required by Producer or any of its licensees, successors or assigns.
In addition to the above, you hereby give the following representations, warranties, acknowledgements, consents and releases:

1.	(a) By signing below, I hereby represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements set forth above; (ii) I have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program, if selected; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or select me as a participant; (v) even if I am selected as a participant, Producer has no obligation to produce the Program and the exhibitor of the Program (“Network”) has no obligation to exhibit it, even if produced; (vi) 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); (vii) all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; (viii) Producer has no obligation to return any materials submitted by me as part of the application whether or not I am selected as a participant; (ix) I will follow any and all health and safety protocols and procedures required by Producer in connection with my participation (if any) in the Program; and (x) Upon request by Producer, I will provide proof of my Covid-19 vaccination status, including by providing my vaccine passport (which includes the name of the person vaccinated, type of vaccine provided, and date last dose administered) and executing Producer’s Covid-19 Vaccine Status Attestation form.

(b)  I further represent and warrant the following: (i) I am mentally, physically, and emotionally able to participate in the Program; (ii) my appearance in the Program is not a performance and is not employment and is not subject to any union or guild collective bargaining agreement, and does not entitle me to wages, salary, corporate benefits, unemployment or workers’ compensation benefits, or other compensation under any such collective bargaining agreement or otherwise; (iii) I will follow and obey all local, city, state and federal laws in connection with my participation in the Program, and any and all rules made by Producer in connection with the Program; (iv) that any statements I make in the Materials (as defined below) is true and that neither the Materials nor my appearance in the Program will violate or infringe upon the rights of any third party, including without limitation, any trademark, trade name, copyright, patent, literary, dramatic, musical, artistic, right of publicity or other personal, civil or property right; (v) I have not given anyone associated with the Program anything of value to arrange my appearance in the Program or the Advertisements or accepted anything of value to promote any product service or venture on air in the course of my participation in the Program, and I understand that such acts may be a federal offense; (vi) as determined by Producer, I agree to execute and deliver to Producer any such additional documents, releases and/or agreements as Producer deems necessary or advisable regarding my proposed or actual participation in the Program; and (v) to the extent that I receive anything of value in connection with the Program, including but not limited to goods and services, I shall be responsible for all taxes and other obligations that are or may become due from me.

(c) By submitting this application, I hereby consent to the recording, use and reuse by Producer, Network, and any of their respective licensees, successors, assignees, parents, subsidiaries, sponsors, advertisers, or affiliated entities, the other participants in the Program, on-air talent, and each of their respective employees, agents, representative, officers and directors (collectively “Releasees”) of my voice, actions, performances, works, likeness, name, sobriquet, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in the Program or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by the Producer or by any of the other Releasees, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. I agree that the Releasees or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether or not I am recognizable. I further agree that the Releasees exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video (if any) that I have provided in connection with my application and any other materials that I have provided or may provide in connection with my application or the Program (collectively, the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. Without in any way limiting the foregoing, if I perform or include any music (other than music supplied to me by Producer) in connection with my application or the Program, I represent and warrant that I own all rights to such music, and I grant Producer the right to record, reproduce and publicly perform any such music in and in connection with the Program or any other work. Without in any way limiting the waivers and releases set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from Producer and Network for the use of any such music, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties. I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. I understand that I will not be paid any money for giving Releasees these rights or for signing this application.

(d) Any and all such Materials created or provided hereunder shall be deemed “works made for hire” specially ordered as part of a motion picture or other audio-visual work, and I irrevocably waive the exercise of any and all rights of inspection or approval of the Materials, uses to which the Materials may be put in accordance herewith, and of any “moral rights,” “droit moral,” and any analogous rights, however denominated, in any jurisdiction of the world, which I have.  To the extent I retain any interest in the Materials, I hereby irrevocably grant and assign to Producer all rights of any nature in and to all such Materials. Furthermore, the rights granted to Producer include any so-called “rental and lending” or similar rights and any and all allied, ancillary and subsidiary rights (including, without limitation, remake, sequel, theatrical, digital, television, radio, publishing, merchandising, soundtrack album and other similar rights) for any purpose, by and in any media whether now known or hereafter devised, throughout the universe, in perpetuity, as part of the Program or otherwise.

(e) I understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and/or Network in their sole discretion. I understand that the participant selection process may also involve subjective decisions made by the public. I further understand that those certain individuals, the Network, Producer and/or other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees. I understand and agree that all participant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal.

(f) I further acknowledge and agree, that to the maximum extent permitted by law, Producer shall have sole discretion and control over every aspect of selecting participants, and Producer’s decisions on all matters related to selecting participants shall be final and binding and not subject to challenge or appeal.

(g) I shall not mention or “plug” any product, service, venture, or thing on the Program without approval of Producer and/or the Network. I agree not to make any commercial or any other use of the fact that I appeared in the Program or that Producer used the Materials in the Program.  Neither I nor anyone acting on my behalf shall at any time use any of Producer’s or Network’s (or the Program’s advertisers’ and sponsors’) names, logos, trade names or trademarks (including, but not limited to, the title of the Program), or those of any of Producer’s or Network’s related companies, for any purpose or in any manner whatsoever.

(h) I hereby authorize Producer and its designees (including without limitation, medical and other health professionals retained by Producer) to conduct psychological, medical and physical examinations of me as required by Producer. I understand that the engagement of any such medical, psychological and/or other health professionals by Producer will not create a doctor-patient or other similar confidential relationship with me.  Without limiting the foregoing, I further authorize all such individuals conducting such examinations or investigations of me to disclose to Producer and Network all information about me obtained in connection therewith, and further authorize Producer and Network to utilize such information in selecting participants for or otherwise in connection with the Program.

2.	RELEASE, AND AGREEMENT NOT TO SUE AND INDEMNITY. To the maximum extent permitted by law, I release Releasees from any and all liability arising out of my participation in or in connection with the Program, including, without limitation, the recording of my Likeness and the Materials, my participation in the participant selection process of the Program, and any exploitation of the Program, my Likeness or the Materials, on any legal theory whatsoever (including, without limitation, personal injury, rights of privacy and publicity, false light and defamation) (the “Released Claims”). Further, to the maximum extent permitted by law, I agree not to sue Releasees as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such use defames me or invades any right of privacy and/or publicity) or for any reason based on any of the Released Claims hereunder.  I will defend (at the applicable Releasees’ election) and indemnify the Releasees from any Released Claims and any breach or alleged breach by me (including breaches by me of this paragraph) relating to this agreement. I shall be liable for any attorney fees and costs incurred by the Releasees in connection with any claim or lawsuit I may bring in violation of this agreement. I understand that I or other parties may communicate private, factual, or fictional information about myself that I might find humiliating or embarrassing or that is defamatory, disparaging or unfavorable and that the depiction of such information may portray me in a false light. I consent to the inclusion of this information in the Program and the exploitation of the Materials even to the extent such inclusion might otherwise constitute an actionable tort. I acknowledge that there is a possibility that after the execution of this agreement, I may discover facts or incur or suffer claims which were unknown or unsuspected at the time of execution, and which if known by me at that time may have materially affected my decision to execute this agreement.  I agree that by reason of this agreement, and the releases contained in the preceding paragraphs I am assuming any risk of such unknown or unsuspected facts and claims.  I hereby waive California Civil Code Section 1542 or similar laws of New York or other jurisdictions, which Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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.”

3.	CONFIDENTIALITY. Whether or not I am selected to be a participant on the Program, I shall keep in strictest confidence and shall not disclose to any other applicant, participant or other third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any information or materials of any kind, including without limitation, any information or materials concerning or relating to Producer or Network, the business of Producer or the Network, any program produced by Producer and/or exhibited by the Network, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, or the outcome of any episode of the Program, that I read, hear or otherwise acquire or learn in connection with or as a result of my applying to be a participant on the Program or (if I am selected to be a participant) as the result of my experiences as a participant on the Program (collectively, the “Information and Materials”). I acknowledge and agree that the Information and Materials are confidential and the exclusive property of Producer and/or the Network. At no time will I ever, directly or indirectly, divulge in any manner or use or permit others to use any of the Information and Materials. 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. In no event will I have the right to terminate my confidentiality obligations under this application. 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 may 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.

4.	As used herein, “Producer” shall include Buckingham Television, Inc. and its licensees, successors, distributors, 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. Network is an express intended third-party beneficiary of this agreement, with full standing to enforce each, every, any and all of its provisions as if it was an express party thereto.  

5.	CHOICE OF LAW. This application shall be interpreted under the internal, substantive laws of the State of New York, without regard to the conflicts of law provisions thereof.

6.	MEDIATION & ARBITRATION. THE PARTIES AGREE THAT IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS APPLICATION 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 RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN NEW YORK OR A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES. THE JAMS RULES WILL BE PROVIDED TO ME BY PRODUCER UPON MY REQUEST. 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, TO THE EXTENT REQUIRED BY LAW, THE PARTIES AGREE THAT WITH RESPECT TO THE ARBITRATION OF ANY FEDERAL OR STATE CLAIM I  BRING THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE FOLLOWING SHALL APPLY:  THE ARBITRATOR MAY AWARD ANY REMEDY THAT WOULD HAVE BEEN AVAILABLE IN COURT; THE PARTIES SHALL BE PERMITTED DISCOVERY ADEQUATE TO SECURE THE NECESSARY INFORMATION TO PRESENT SUCH CLAIM OR DEFEND AGAINST SUCH CLAIM; AND PRODUCER SHALL PAY ALL TYPES OF COSTS THAT ARE UNIQUE TO ARBITRATION.  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.

 7.	SEVERABILITY. 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.

8.	ELECTRONIC SIGNATURES. This application may be executed by original, facsimile or electronic signature.  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.
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