15) You give the following representations, warranties, acknowledgements, consents and releases:
(a) By signing below, I represent, warrant, acknowledge, and agree that: (i) I have read and I meet and agree to be bound by the eligibility requirements; (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 Digital Content Creator selection process; (iv) even if I meet the eligibility requirements, Producer has no obligation to further contact me, interview me, and/or select me as a Digital Content Creator; (v) even if I am selected as a Digital Content Creator, Producer has no obligation to produce any Program(s) and NBCUniversal has no obligation to exhibit any Program(s), even if produced; (vi) I agree to keep strictly confidential all information about the Program(s) that I may acquire during the Digital Content Creator selection process and/or during my services in connection with the Program(s) (if applicable), except as otherwise expressly provided in this Application; (vii) all decisions by Producer concerning selection of the Digital Content Creators are final and not subject to challenge or appeal; and (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 Digital Content Creator.
(b) By submitting this Application, I consent to the recording, use and reuse by Producer, NBCUniversal, and any of the Released Parties (as defined in paragraph 17 below) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a Digital Content Creator in the Program(s) or in any materials submitted by me in connection with my Application (collectively “Likeness”), as edited, altered, or modified by Producer or by any of the other Released Parties, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program(s) or any other work. I agree that the Released Parties 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 Released Parties 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 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(s) (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(s), 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(s) 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 NBCUniversal for the use of any such music, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties. I further agree that Released Parties 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 as a Digital Content Creator in the Program(s) in any manner whatsoever. I understand that I will not be paid any money for giving Released Parties these rights or for signing this Application. If I am selected as a Digital Content Creator and provide services in connection with the Program(s), my compensation and any applicable expense reimbursement shall be set forth in a separate agreement between me and Producer.
(c) I authorize Producer and any person or entity designated by Producer to investigate, access and collect information about me, about any of the statements made by me in my Application, 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 Digital Content Creator in connection with the Program(s), or any other written or oral statements I make in connection therewith, to the maximum extent permitted by law. Without limiting the foregoing, I irrevocably authorize Producer and any person or entity designated by Producer to secure information about me and my experiences 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, and I irrevocably authorize such parties to provide information concerning me. I hereby unconditionally and irrevocably release and forever discharge Producer, the persons or entities designated by Producer, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. To the maximum extent permitted by law, I specifically authorize investigation of my employment records, and government records, including but not limited to my motor vehicle records, criminal records (to the extent permitted by applicable fair chance laws), civil records, military records, credit reports, and consumer report(s). I acknowledge and agree that any such information obtained by Producer or by any person or entity designated by Producer pursuant to this paragraph or otherwise may be used for purposes of selecting Digital Content Creators in connection with the Program(s) or in the course of producing the Program(s), and may be described or otherwise related in and in connection with the Program(s), in and in connection with another program, and in and in connection with any advertising, promotion or publicity for the Program(s) or other program, to the maximum extent permitted by law.
(d) I understand that the Digital Content Creator selection process will involve subjective decisions made by certain individuals selected by Producer and NBCUniversal in their sole discretion. I understand that the Digital Content Creator selection process may also involve subjective decisions made by the public. I further understand that those certain individuals, NBCUniversal, Producer and other persons or entities may be acquainted with or have some familiarity with some or all of the applicants to varying degrees. I further acknowledge and agree that Producer reserves the right to consider and select Digital Content Creators who are not able to attend an open casting call and that Producer shall have sole discretion and control over every aspect of selecting Digital Content Creators. I understand and agree that all Digital Content Creator selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal.
16) CONFIDENTIALITY. I understand that Producer is involved in a competitive industry in which confidentiality is a valuable asset. I acknowledge that, in my capacity with Producer, I may be provided with Confidential Information and maintaining this Confidential Information is vital to the success of the Program(s) and Producer’s business. Whether or not I am selected to be a Digital Content Creator in connection with the Program(s), I shall keep in strictest confidence and shall not, and shall not authorize or cause others to, directly or indirectly, use or disclose to any third party or on social media or any other public forum at any time (i.e., prior to, during, or following any services performed in connection with the Program(s)) any of the following, which is the exclusive property of Producer or NBCUniversal: any information or materials that I may read, hear or otherwise acquire or learn in connection with or as a result of my services in connection with the Program(s), including without limitation, any information or materials concerning or relating to Producer or to NBCUniversal, the business of Producer or NBCUniversal, any program produced by Producer or exhibited by NBCUniversal, including, without limitation, any information concerning or relating to the Program(s), the Digital Content Creator selection process, the Program(s) applicants, the Digital Content Creators , any talent appearing in or being considered for the Program(s), the location(s) of the Program(s), the contents of the Program(s), and the contents of this Application or any other agreement or document that I sign, have signed or receive from Producer or NBCUniversal at any time (collectively, the “Confidential Information”). I acknowledge and agree that my obligations with respect to confidentiality set forth in this Application shall continue in perpetuity or until terminated by NBCUniversal 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 or NBCUniversal, result in my being disqualified to participate as a Digital Content Creator in connection with the Program(s). I further acknowledge that a breach by me of any of the confidentiality provisions of this Application would cause Producer and NBCUniversal 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 NBCUniversal shall be entitled to injunctive and other equitable relief to prevent and cure any breach or threatened breach of any of the confidentiality provisions of this Application by me. I understand that nothing in this paragraph or this Application generally prevents me from: (a) discussing or disclosing information about conduct that I have reason to believe is unlawful; or (b) discussing or disclosing any matter I am entitled to discuss or disclose under applicable law. I understand that nothing in this paragraph or this Application restricts me from reporting or providing information related to potential legal violations to any governmental agency or entity (e.g., SEC, OSHA, DOJ) without notifying Producer or NBCUniversal (“Whistleblower Activity”). Producer and NBCUniversal will not retaliate against me for any Whistleblower Activity, and nothing in this Application requires me to waive any monetary award that I may legally be entitled to as a result of Whistleblower Activity.
17) RELEASE AND AGREEMENT NOT TO SUE. To the maximum extent permitted by law, I irrevocably and unconditionally release each of the Released Parties from any and all liability arising out of my services in connection with the Program(s), including, without limitation, the recording of my Likeness and the Materials, my participation in the Digital Content Creator selection process, and any exploitation of the Program(s), my Likeness or the Materials, on any legal theory (including infliction of emotional distress, illness, personal injury, rights of privacy and publicity, defamation, or false light), regardless of whether caused by the negligence of the Released Parties (collectively, the “Released Claims”). The term “Released Parties” shall mean and refer to Producer (as defined herein), all entities and platforms of NBCUniversal Media, LLC, any other licensees or assignees of the Program(s) or the Materials, the other Digital Content Creators in connection with the Program(s), all other persons and entities connected with the Program(s), all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing, and the respective heirs, next of kin, spouses, guardians, representatives, executors, administrators, successors, licensees and assigns of each of the foregoing.
18) As used herein, “Producer” (and “Network,” as used in this Application) shall mean Telemundo Network Group LLC, together with its parent, subsidiaries, and affiliated entities (including, without limitation, NBCUniversal Media, LLC), and each of their respective officers, directors, shareholders, employees, agents, and representatives. For clarity, all references to “Network” in this Application refer to Telemundo Network Group LLC as defined above and expressly include NBCUniversal Media, LLC and its affiliated television networks or platforms (including, without limitation, broadcast, cable, and streaming services such as Peacock). I agree that Producer may license, assign, and otherwise transfer this Application and all rights granted by me to any person or entity.
19) I acknowledge that there is a possibility that after the execution of this Application, 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 Application. I agree that by reason of this Application, and the releases contained in the prior paragraphs, I am assuming any risk of such unknown or unsuspected facts and claims.
20) MEDIATION & ARBITRATION. WHERE ANY CONTROVERSY, DISPUTE, OR CLAIM IN CONNECTION WITH THIS APPLICATION OR MY SERVICES IN CONNECTION WITH THE PROGRAM(S) (INCLUDING THE ENFORCEMENT, SCOPE, OR APPLICABILITY OF THIS APPLICATION TO ARBITRATE) (A “DISPUTE”) ARISES AND CANNOT BE RESOLVED BETWEEN THE PARTIES, THE PARTIES AGREE TO FIRST TRY TO RESOLVE SUCH DISPUTE THROUGH CONFIDENTIAL MEDIATION. IF MEDIATION IS UNSUCCESSFUL, THEN ALL DISPUTES, INCLUDING THE SCOPE OR APPLICABILITY OF THIS APPLICATION TO ARBITRATE, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL, ADMINISTERED BY JAMS OR ITS SUCCESSOR (“JAMS”) IN ACCORDANCE WITH ITS COMPREHENSIVE RULES AND PROCEDURES (COLLECTIVELY, “JAMS RULES,” AVAILABLE AT WWW.JAMSADR.COM AND PROVIDED IN HARD COPY UPON REQUEST). THE JAMS RULES FOR SELECTION OF MEDIATORS AND ARBITRATORS WILL BE FOLLOWED, EXCEPT THAT ANY MEDIATOR OR ARBITRATOR WILL BE: (A) LICENSED TO PRACTICE LAW IN NEW YORK; OR (B) A RETIRED JUDGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, I AGREE TO WAIVE MY RIGHT TO COMMENCE, TO BECOME A PARTY TO, OR TO BE OR REMAIN A PARTICIPANT IN, ANY GROUP REPRESENTATIVE, CLASS, COLLECTIVE, OR HYBRID CLASS/COLLECTIVE ACTION IN ANY COURT, IN ANY ARBITRATION, OR IN ANY OTHER FORUM ARISING FROM OR RELATING TO THIS APPLICATION OR MY SERVICES IN CONNECTION WITH THE PROGRAM(S) IN ANY WAY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW. I AGREE THAT ANY CLAIM BY ME SHALL BE HEARD IN ARBITRATION WITHOUT CONSOLIDATION OF SUCH CLAIM WITH ANY OTHER PERSON OR ENTITY’S CLAIM, EXCEPT AS OTHERWISE AGREED TO BY PRODUCER AND ME. UPON THE CONCLUSION OF ANY ARBITRATION PROCEEDINGS, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION REACHED. ALL SUCH PROCEEDINGS WILL BE CONDUCTED IN NEW YORK COUNTY. MY AGREEMENT TO MEDIATE AND ARBITRATE ANY AND ALL DISPUTES SHALL EXTEND TO THE RELEASED PARTIES. THE PARTIES AGREE THAT WITH RESPECT TO THE MEDIATION OR ARBITRATION OF ANY FEDERAL OR STATE CLAIM I BRING THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE FOLLOWING SHALL APPLY: THE BURDEN OF PROOF SHALL BE THE SAME AS IT WOULD BE IN A JUDICIAL PROCEEDING AND THE DECISION SHALL BE BASED ON THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF NEW YORK, TO THE EXTENT THAT SUCH LAWS DO NOT CONFLICT WITH THE FEDERAL ARBITRATION ACT, WHICH GOVERNS THIS APPLICATION TO ARBITRATE, 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 MEDIATION OR ARBITRATION. THE PARTIES WILL OTHERWISE BEAR THEIR OWN FEES AND COSTS, INCLUDING ATTORNEYS’ FEES AND EXPERT FEES. ANY DISPUTES AS TO THE REASONABLENESS OF COSTS AND EXPENSES SHALL BE DETERMINED BY THE ARBITRATOR. IN THE EVENT OF ANY ACTUAL OR ANTICIPATED BREACH BY ME OF MY EXCLUSIVITY, PUBLICITY, OR CONFIDENTIALITY OBLIGATIONS UNDER THIS APPLICATION, PRODUCER MAY SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION. PRODUCER MAY ALSO PURSUE OTHER REMEDIES AGAINST ME FOR ANY BREACH OF THIS APPLICATION. I AGREE THAT GIVEN THE UNIQUE NATURE OF THE ENTERTAINMENT INDUSTRY, AND THE IRREPARABLE DAMAGE TO PRODUCER, AND ITS LICENSEES THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION OF ANY PROGRAM(S) PRODUCED HEREUNDER, I MAY NOT SEEK OR OBTAIN INJUNCTIVE RELIEF IN CONNECTION WITH THIS APPLICATION. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, MEDIATION AND ARBITRATION SHALL BE CONFIDENTIAL (EXCEPT AS BETWEEN THE PARTIES AND THIRD PARTIES INVOLVED IN DISCOVERY), INCLUDING PLEADINGS, EXHIBITS, AND/OR TESTIMONY. A SUCCESSFUL PARTY MAY MAKE APPLICATION TO THE ARBITRATOR FOR AN AWARD OF ATTORNEYS’ FEES AND/OR COSTS, AND THE ARBITRATOR MAY AWARD SUCH FEES AND COSTS TO THE EXTENT CONSISTENT WITH APPLICABLE LAW. IF ANY PORTIONS OF THE DISPUTE RESOLUTION PROVISIONS IN THIS APPLICATION ARE FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THAT PORTION SHALL BE SEVERED FROM THE REST AND SHALL NOT AFFECT THIS APPLICATION TO RESOLVE ALL DISPUTES THROUGH MEDIATION AND ARBITRATION.
21) APPLICATION OF FAA AND GOVERNING LAW. I agree that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”) governs any and all of the arbitration provisions contained herein and any arbitration proceeding related to or arising from this Application. Notwithstanding the foregoing, this Application shall be construed and enforced in accordance with the substantive laws of the State of New York, to the extent they do not conflict with the FAA, without regard to the state’s conflict of law provisions. The exclusive venue for any dispute held to be non-arbitrable, shall be the Supreme Court of the State of New York located in New York County and the United States District Court for the Southern District of New York, and the parties submit to the in personam jurisdiction of those courts and waive any objections thereto.
22) ELECTRONIC SIGNATURES. This Application may be executed by original, facsimile, DocuSign, or other electronic signature in a form acceptable to Producer. Any signed copy of this Application delivered by facsimile, DocuSign, or other 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.
23) 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.
To learn more about how NBCUniversal collects and uses your personal information in connection with unscripted productions, please see https://www.nbcuniversal.com/privacy/participant. If you are a member of NBCUniversal’s California workforce, please also see https://www.nbcuniversal.com/privacy/cwprivacy. This notice may be updated from time to time.
I have read, understand, and agree with the foregoing. 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.