HOA Los Angeles (Pilot Agreement)

February 5, 2023

This Pilot On-Camera Agreement (“Agreement”) dated as of August ____, 2021 (“Effective Date”) is entered into between HOUSE3 STUDIO, LLC (“Producer”) and ________________ (“Artist”) in connection with Artist’s on-camera services in connection with the series currently entitled “I Am Athlete: Los Angeles” (such program referred to hereinafter as the “Series” or the “Project”).

 

  1. Conditions Precedent: Producer’s obligations hereunder are subject to the following conditions precedent: (a) Producer’s receipt of this Agreement (including all exhibits attached hereto and incorporated herein by reference) executed by Artist and (b) Producer’s receipt of fully executed copies of any and all documentation required from Artist by Producer’s payroll company. 

 

  1. Pilot: Artist agrees to participate in a pilot for Producer during the week of August 9, 2021 (“Pilot”) in Los Angeles, California in connection with Artist’s possible engagement as on-camera talent on the Series. In the event Artist is required to travel in connection with the Pilot to a location more than seventy-five (75) miles from Artist’s principal residence, then Producer will furnish Artist with roundtrip air transportation (on an if- used, if- available basis). All such travel arrangements shall be controlled by Producer.

 

  1. Services: Artist hereby accepts the engagement under the Agreement and agrees to provide services as set forth therein. Artist shall render services in accordance with the requirements of Producer and shall comply with all of Producer’s instructions, directions and requests and all of the instructions, directions and requests of any other person(s) designated by Producer.

 

  1. Compensation

 

  1. Subject to the Conditions Precedent and Producer’s rights in the event of default and/or Force Majeure, if Artist is engaged to render and actually renders and completes all required services hereunder, the following fees shall be payable to Artist for Artist’s services hereunder: Two Thousand Five Hundred Dollars ($2,500 USD) for each episode produced. Payment shall be remitted immediately upon completion of Services.

 

  1. The compensation set forth in this Agreement for Artist’s services shall constitute payment for all runs and all other exploitation of the Series in any and all other media now known or hereafter devised, throughout the universe in perpetuity. Producer shall also have the right to require Artist to perform in standard openings, closings, bridges, lead-ins, lead-outs, teasers, promos, and trailers for no additional compensation (provided such services shall be subject to Artis’s professional availability if outside of production periods). 

 

  1. For the avoidance of doubt, Artist shall not receive the foregoing fee in connection with the production of any newly-created clip, compilation, “making of,” “best of,” “countdown” and/or similar types of episodes that are substantially comprised of either footage that has already been exhibited.

 

  1. Artist understands and agrees that Producer will not be responsible for any taxes required to be paid in connection with any payments paid to Artist hereunder. Artist agrees to indemnify and hold harmless Producer for any and all damages and/or penalties resulting from Artist’s failure to make appropriate tax payments in connection with any consideration or benefits Artist may receive in connection with the Project.

 

  1. Option

 

  1. First Production Season: Producer shall have the exclusive, irrevocable option (“First Production Season Option”) to engage Artist’s services as on-camera talent for the first production year of the Series (“First Production Season”). The First Production Season Option is exercisable by written notice to Artist no later than _____. If Producer exercises the First Production Season Option, the First Production Season will commence on or about a date to be designated by Producer, and Artist shall render all pre-production services as Producer may require. Provided that Artist is not in breach or default hereof, then, as full compensation for such services and all rights contained therein, Artist shall be entitled to receive a fee of ______ per episode during the First Production Season which Artist renders and contemplates all required services (“Episodic Fee”), with a payment guaranteed for a minimum of ___ episodes in the First Production Season (subject to events of default, disability or Force Majeure). The Episodic Fee shall be payable on a pro-rata basis over the course of the scheduled period of production of the First Production Season on Producer’s normal payday.

 

  1. Second and Subsequent Production Seasons:

 

  1. Expenses; Foregone Opportunities: Artist understands and agrees that, except as expressly stated herein or as provided by Producer in Producer’s sole discretion, Artist shall be responsible for all expenses that Artist incurs in connection with Artist’s participation in the Project. In connection with this, Artist acknowledges that if Artist chooses to forego any business opportunity or other engagement (including, without limitation, any days of work with my regular employer) for the opportunity to participate in the Project, Artist is doing so at Artist’s own choosing. Artist also acknowledges, and that Producer shall not be responsible for the amount of any lost wages or other pecuniary or other amounts that Artist choses to forego to participate in the Project. Furthermore, Artist acknowledges that any decision by Artist to rearrange Artist’s schedule and/or miss any business opportunity or other engagement for the opportunity to participate in the Project was made by Artist by Artist’s own choosing. 

 

  1. Exclusivity: Upon Producer’s exercise of the First Production Series Option, the following shall apply to Artis’ services hereunder:

 

  1. Promotion

 

  1. Producer shall have the right to use, and to authorize others to use in any and all media now known or hereafter devised, throughout the universe in perpetuity, Artist’s name, voice and/or likeness, in connection with the promotion, advertising and marketing of the Series and any exploitation thereof (including commercial tie-ins). 

 

  1. Artist agrees to make a reasonable number of personal appearances before non-paying audiences to promote the Series as well as render other customary publicity and promotional services in connection with the Series as may be requested by Producer. Without limiting the foregoing, Artist agrees to (i) participate in publicity-related events and activities for so long as Artist is engaged to render services on the Series, (ii) make reasonable efforts to support Producer’s marketing efforts in connection with the Series, (iii) grant a reasonable number of print or other media interviews (whether on the phone or in person), (iv) participate in a reasonable number of still photography sessions to promote the Series including photo galleries and unit photography, and  (v) cooperate in good faith in Producer’s publicity efforts.

 

  1. Artist shall be furnished with round-trip coach-class air transportation, hotel accommodations (standard room and room tax only), and Producer’s standard per diem (half day rate for travel days), for any promotional appearance requests made Producer for any appearances with require travel more than fifty (50) miles away from Artist’s principal residence.

 

  1. Press: Artist agrees not to make or authorize any other person to make any statement to any media service with respect to the Project, or otherwise publicize, advertise or promote Artist’s appearance on the Project, without Producer’s prior written approval in each instance. Notwithstanding the foregoing, after the initial broadcast of the initial episode of the Project in which Artist appears, Artist may refer incidentally and without revealing Project details to Artist’s appearance in the Project as reasonably required in connection with Artist’s resume and general personal publicity that does not have as a focus the Project, provided such reference is non-derogatory and truthful. All contact with the media regarding the Project or Artist participation in the Project must be organized and sanctioned by the press officer of Producer in connection with the Project or by a duly authorized representative of Producer.

 

  1. Approval. Producer shall have all creative, financial, business, distribution and other approvals and controls in connection with the Project, and the right to initiate or refrain from initiating action with respect to any and all matters related to the Project, all of which Producer may exercise when and at its sole and absolute discretion. All materials used by Artist in connection with the Project shall be subject to Producer’s prior approval.

 

  1. Name, Likeness, Biography: Artist grants to Producer the right to use Artist’s name, photo, voice, biography and likeness in and in in connection with the Series, in advertising and promotions for the Series and to advertise of publicize the Series in any manner or media worldwide in perpetuity, now known or hereafter devised and in Series-related commercial tie-ins in any and all media.

 

  1. Sponsor Integrations: Artist acknowledges that, as determined by Producer in its sole discretion, the Project, including, without limitation, the advertising, marketing and promotion thereof, may contain product placements, product integrations, sponsor identifications, product demonstrations, sponsored Project promotional announcements or interstitials and/or other similar sponsor-related references, information or activities (collectively, “Sponsor Integrations”). In furtherance of, and without limiting any of, Producer’s rights hereunder, Artist agree that Artist will actively participate in and with such Sponsor Integrations, if and as requested by Producer, including, without limitation, naming, identifying, wearing, using, describing, demonstrating and/or otherwise referring to, or interacting with, sponsor products, services and/or brands (each, a “Sponsor Activity”).

 

  1. Rights: Producer is and shall be the sole and exclusive owner, throughout the universe, in perpetuity, of the Series and all of the results and proceeds of Artist’s services (including, without limitation, all material, suggestions and ideas furnished by Artist for the Series, whether or not the creation of such material is part of Artist’s services hereunder) heretofore or hereafter rendered in connection with the Series (the “Results and Proceeds”), which Results and Proceeds shall constitute a “work-made-for-hire” for Producer within the meaning of U.S. copyright law or any similar or analogous law or statute of any other jurisdiction. Accordingly,, thewith Producer shall be being considered the author for copyright purposes and the owner of the copyright and all other rights now known or hereafter devised in any and all media throughout the universe in perpetuity. If for any reason the Results and Proceeds or any portion thereof) are deemed not to be a “work-made-for-hire” for Producer or to not be capable of copyright protection, then Artist hereby irrevocably assigns, grants, licenses and transfers to Producer, exclusively, all of Artist’s rights of every kind and nature, including all rights of copyright, in and to the Results and Proceeds for use in all manner and media now known or hereafter devised, throughout the universe, in perpetuity. The Results and Proceeds shall include, without limitation, all material that Artist may create (or participate in the creation of) in connection with the Series, including without limitation, any and all ideas, pilots, material (written or otherwise), photographs, moving pictures and/or recordings made by Artist in connection with the Series. Producer shall have the right, but not the duty to exploit, distribute and exhibit the Results and Proceeds by any means now known or hereafter devised, throughout the universe, in perpetuity, and/or to sell, assign or otherwise dispose of the Results and Proceeds to any person, firm or corporation and/or to exploit the Series and the allied and ancillary rights therein in any and all media and by any and all means now known or hereafter devised and in any manner, in segments or otherwise, at Producer’s sole discretion. Furthermore, Producer shall have the right to edit, cut, rearrange, adapt, dub, revise, modify, or otherwise alter the Rights and Proceeds or any part thereof in in its sole discretion. Artist waives the exercise of any “moral rights” and “droit moral” and any analogous rights however denominated in any jurisdiction of the universe. Artist agrees not to institute, support, maintain or authorize any claim, action, litigation or arbitration on the ground that any exploitation of the Results and Proceeds by Producer in any way constitutes an infringement of any of Artist’s “moral rights” or a defamation of mutilation of any part thereof or contains unauthorized variations, alterations, modifications, changes or translations of the Results and Proceeds.

 

  1. No Obligation To Use: Producer shall be under no obligation to actually use Artist’s services, to use any of the Results and Proceeds, to produce or exploit the Series, to continue any of the foregoing if commenced or to otherwise exercise any of the rights granted to Producer hereunder. Notwithstanding the foregoing, provided Artist fully performs all services required hereunder to the extent required by Producer, and provided Artist is not in breach of this Agreement, Producer shall have fully discharged its obligations hereunder by the payment to Artist of the applicable compensation set forth in the Agreement for any services actually rendered.

 

  1. Confidentiality: Artist agrees not to disclose, in perpetuity, to any third party any information to which Artist has had or will have access concerning the Project, including, without limitation, (i) the premise and title of the Project, elements relating to production of the Project, or any subjects or outcomes of the Project or events captured or recorded by Producer in connection with the Project, except to the extent any such information has intentionally been disclosed publicly by Producer, or (ii) any of Producer’s operations, programming, sponsors, partners, production or trade practices, or other services or the terms and conditions of this Agreement. Artist’s confidentiality obligations and publicity restrictions hereunder shall apply to any and all media whatsoever, including, without limitation, any social networking site; micro-blogging service; user-generated or user-uploaded content website; online forum, discussion thread or comment section; personal website or blog; user modified website (“wiki”); and any other website, service, platform, program, application or other form or method of communication, whether now known or hereafter devised. 

 

  1. Representations and Warranties: Artist represents and warrants that: (i) Artist has the right, power, and authority to enter into this Agreement, fully perform all of Artist’s obligations under this Agreement and grant and assign all rights granted by Artist hereunder; (ii) Artist has not made nor will make any grant or assignment that would conflict with or impair the complete enjoyment of the rights and privileges granted to Producer under this Agreement; (iii) Artist will not use any of Producer’s names, logos, trade names or trademarks, or those of any of Producer’s related companies, for any purpose or in any manner whatsoever, without Producer’s advance written consent in each instance; and (iv) Artist shall comply with all applicable federal, state and local laws, rules, and regulations.

 

  1. Indemnification: Artist unconditionally and irrevocably agrees to defend, indemnify and hold harmless Producer from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of any kind or nature in law, equity or otherwise, by whomever asserted, arising out of or in connection with (a) Artist’s breach or alleged breach of this Agreement, (b) Artist’s participation and appearance in or elimination from the Project or activities associated with the Project, or (c) malfeasance, recklessness, intentional misconduct, negligence, and/or other tortious acts or omissions committed by Artist and/or any of Artist’s agents, employees, guests or invitees. 

 

  1. Termination:

 

  1. Producer shall have the right to terminate this Agreement and/or Artist’s participation in the Project for any reason. In addition, in the event of any occurrence of an event of force majeure (as defined below), Producer shall have the right in its sole discretion, upon notice to Artist, to immediately suspend and/or terminate Artist’s participation hereunder and shall, during such period of suspension or upon termination, be released from any further obligations to Artist whatsoever. Producer may terminate any period of suspension at any time in its sole discretion and Artist shall immediately thereupon resume Artist’s participation hereunder. 

 

  1. An “event of force majeure” means any Act of God; inevitable accident; fire; lockout; strike or other labor dispute; riot or civil commotion, act of public enemy, pandemic, act of terrorism, law, enactment, regulation, rule, order or act of government or governmental instrumentality (either federal, state or local, foreign or other), failure of technical facilities; or other cause of similar or different nature beyond the control, of Producer which materially interferes with, prevents, or impedes production of the Project or any Assignee’s operations. In addition, Producer may immediately terminate Artist for any potentially illegal behavior and/or violation of any of the Production Protocols, including, without limitation, drug use or assault, during the period that this Agreement is in effect. No termination pursuant to this Section will affect any of the rights granted or assigned by Artist or any of the covenants, agreements, waivers, releases or indemnities made by Artist in this Agreement.

 

  1. Withdrawal. Artist understands that if Artist discontinues Artist’s participation or withdraws Artist’s participation in the Project at any time (a “Withdrawal”), such Withdrawal will not affect any of the rights granted or assigned by Artist or any of the covenants, agreements, waivers, releases or indemnities made by Artist in this Agreement, and that Artist’s confidentiality and all other obligations hereunder shall continue. In the event of a Withdrawal, Artist agrees that Artist shall nonetheless make good faith efforts to participate in the publicity interviews and the preparation of promotional materials for the Project as reasonably requested by Producer. If Artist is removed from the Project, or in the event of a Withdrawal, Producer may make any explanation or announcement (on-air or otherwise), to explain Artist’s absence to Project viewers. IF ARTIST DISCONTINUES ARTIST’S PARTICIPATION IN OR IN CONNECTION WITH THE PROJECT FOR ANY REASON PRIOR TO THE CONCLUSION OF ARTIST’S PARTICIPATION AS REQUIRED IN THIS AGREEMENT, ARTIST RECOGNIZES AND ACKNOWLEDGES THAT THEREAFTER ARTIST SHALL BE INELIGIBLE FOR THE RIGHTS THE PAYMENT OF RIGHTS OR ANY OTHER PAYMENT HEREUNDER

 

  1. Remedies: Artist acknowledges and agrees that the rights granted hereunder and Artist’s participation related thereto are unique, unusual, special and extraordinary, the loss of which would not be adequately compensable in damages in an action at law, and that, in addition to any rights or remedies which Producer may have under this Agreement or otherwise, Producer therefore would be entitled to all available equitable remedies in case of breach or threatened breach of this Agreement by Artist. Any remedies, rights, undertakings and obligations contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, rights, undertaking, or obligation of either party. HOWEVER, NO BREACH OF THIS AGREEMENT SHALL ENTITLE ARTIST TO TERMINATE OR RESCIND ANY OF THE RIGHTS GRANTED TO PRODUCER HEREIN, AND IN THE EVENT OF ANY QUESTION OF PRODUCER’S PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, ARTIST HEREBY WAIVES THE RIGHT, IN THE EVENT OF ANY SUCH BREACH, TO EQUITABLE RELIEF OR TO ENJOIN, RESTRAIN OR INTERFERE WITH THE EXHIBITION OF THE PROJECT OR THE EXERCISE OF ANY OF THE GRANTED RIGHTS, IT BEING ARTIST’S UNDERSTANDING THAT ARTIST’S SOLE REMEDY SHALL BE THE RIGHT TO RECOVER MONETARY DAMAGES WITH RESPECT ONLY TO THE ACTUAL HARM CAUSED BY ANY SUCH BREACH, BUT IN ANY EVENT, NO CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES.

 

  1. Non-Union Production: Artist acknowledges that this Agreement is not subject to any collective bargaining agreement inasmuch Producer is not a party to any collective bargaining agreements that might be applicable to the type of services provided herein. 

 

  1. Additional Documents: Upon request by Producer, Artist shall execute such further documents consistent herewith and do any acts reasonably required by Producer or its successors, licensees or assignees to evidence or effectuate Producer’s rights hereunder. Artist acknowledges that; and if Artist fails to do so within five (5) business days from receipt of Producer’s request to do so, unless a shorter time is required by Producer, Artist irrevocably appoints Producer as Artist’s attorney-in-fact with the full power and authority to do so, which power is coupled with an interest. If requested, Producer will provide Artist with a copy of any documents so executed; provided, however, any inadvertent failure by Producer to provide such copies shall not be deemed a breach by Producer of this Agreement. 

 

  1. Assumption of Risks: Artist understands that the activities involved in or otherwise associated with the Series and Artist’s services in connection with the Series may involve activities (collectively, “Activities”) that are or may become hazardous and dangerous and that may expose Artist to risks of physical, emotional, and mental stress or injury whether or not Artist participates in the Activities. Artist understands the risks of participating in such Activities and while conduct that gives rise to such situations might otherwise constitute an actionable tort or give rise to other claims or causes of action, Artist has freely consented to such conduct and has assumed the risks.

 

  1. Mediation/Arbitration: Except with respect to Producer’s right to injunctive relief for breach of the Agreement as contemplated herein, in the event of any dispute concerning the performance or enforceability of this Agreement, and/or concerning the respective rights of the parties hereto, such dispute shall be the subject of binding arbitration before an arbitrator appointed by, and in accordance with the rules and procedures of the American Arbitration Association. The parties agree to abide by the terms of any award rendered by the arbitrator, and the judgment upon any such award may be entered in any court having jurisdiction thereof. The arbitration shall be held in Orange County, Florida.  Arbitration fees, if any, shall be divided equally among the parties.  In addition to the rendering, a decision regarding such controversy or dispute, the arbitrator shall award the prevailing party, as determined by the arbitrator, such party’s attorneys’ fees and expenses in connection with such arbitration.

 

  1. Notices: All notices, statements and other communications given hereunder shall be made in writing by, personal delivery or by mailing the same by certified mail, return receipt requested, or by next day express delivery in a postpaid wrapper, addressed to the other as aforesaid. The, and the date of such personal delivery shall be, the next day if by express delivery, or the date five (5) days after mailing by certified mail., Return receipt requested shall be deemed the date on which such notice is effective. All notices sent to either party shall be to the said party’s address first set forth below:

 

To Producer:

Virtus, LLP 

1495 N. Park Avenue

Weston, FL  33326

 

To Artist: 

 

  1. Miscellaneous:

 

  1. Relationship of Parties. Nothing herein contained shall be deemed to constitute an employment relationship, joint venture or partnership between Artist and Producer (or any Assignee), nor shall Artist be deemed Producer’s agent for any purpose. 

 

  1. Worker’s Compensation. Notwithstanding the foregoing, the parties hereto acknowledge and agree (i) that there may be one or more entities other than Producer receiving the benefits of, and/or participating in some capacity in the supervision of, Artist’s participation (and of other individuals) in connection with the Project, including, without limitation, Producer’s affiliated companies, licensees, successors and assigns, the financiers and distributors of the Project, including, without limitation, Producer and their respective officers, agents, and employees (each, a “Producer Entity”), and (ii) that each such Producer Entity shall be deemed one of Artist’s “special employers” for purposes of workers’ compensation insurance coverage in connection with Artist’s appearance in the Project under this Agreement. Accordingly, in the event of Artist’s injury, illness, disability, or death arising out of or relating to the Project and/or Artist’s appearance in the Project, Artist’s rights and remedies (and those of Artist’s heirs, executors, administrators, successors and assigns) against Producer shall be governed by and limited to those provided by workers’ compensation and Producer and/or each Producer Entity and their agents and employees shall not have any other obligations or liability by reason of any such injury, illness, disability or death. If the applicability of any worker’s compensation statutes with respect to Artist’s appearance is dependent upon (or may be affected  by) an election on Artist’s part and/or Producer’s part, such election hereby is made in favor of such application.
  2. Entire Agreement. This Agreement contains the entire understanding between the parties, and supersedes all prior negotiations, understandings and agreements (whether written or oral) of the parties hereto relating to the subject matter herein, and this Agreement cannot be changed or terminated except by a writing signed by both Parties. 
  3. Assignment. Artist may not assign this Agreement or any rights hereunder, in whole or in part, except with Producer’s prior written approval, and any such purported assignment shall be null and void. Producer may freely transfer or assign this Agreement and any of its rights and obligations hereunder in whole or in part to any person or entity. In the event of such assignment, Producer shall remain secondarily liable to Artist for its obligations hereunder unless such assignment is to a major supplier of television, streaming, a major distributor or syndicator, a network, or any similarly financially responsible party.
  4. No Waiver. No waiver of any breach of or default under any provision hereof shall be deemed a waiver of such provision, or of any subsequent breach or default. If any provision hereof is invalid or unenforceable due to any law, said provision shall be modified to the minimum extent necessary to effect compliance with such law, and in any event such invalidity or unenforceability shall have no effect upon the remaining terms and condition hereof. The grant of rights, representations, warranties, indemnities, restriction on use of trademarks, and confidentiality obligations contained herein shall survive the expiration or earlier termination of this Agreement.
  5. Choice of Law. THIS AGREEMENT AND ALL QUESTIONS ARISING UNDER THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS AND DECISIONS OF THE STATE OF FLORIDA APPLICABLE TO CONTRACTS ENTERED INTO AND FULLY TO BE PERFORMED THEREIN, WITHOUT GIVING EFFECT TO THE PRINCIPLES THEREOF RELATING TO CONFLICTS OF LAW.; THE PARTIES IRREVOCABLY CONSENT AND AGREE TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS HAVING JURISDICTION OVER ORANGE COUNTY, FLORIDA WITH RESPECT TO ANY ACTION THAT ANY  PARTY DESIRES TO COMMENCE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY BREACH OR ALLEGED BREACH OF ANY PROVISION OF THIS AGREEMENT. THE PARTIES, IRREVOCABLY CONSENT TO PERSONAL JURISDICTION BY SUCH COURTS, AND IRREVOCABLY WAIVE ANY OBJECTION AS TO IMPROPER VENUE OR THAT ANY STATE OR FEDERAL COURT OF FLORIDA IS AN INCONVENIENT FORUM. THE PARTIES HEREBY IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT.

 

  1. Release: Artist hereby agrees on behalf of Artist and Artist’s heirs, next of kin, spouse, guardians, legal representatives, employees, executors, administrators, agents, successors and assigns (collectively, the “Releasing Parties”), that Artist and the other Releasing Parties do hereby unconditionally and irrevocably release and forever discharges Producer, each of the other Participants, any and all Assignees, each one of them and each Assignee’s respective affiliates, licensees, successors and assigns, and the officers, director, employees, contractors, partners, shareholders, representatives, members and agents of all of the forgoing (collectively, the “Released Parties”) from and against any and all claims, demands, liens, agreements, contracts, actions, suits, costs, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively, the “Released Claims”) in any way directly or indirectly related to or arising directly or indirectly out of the Project, the Material, and/or the Rights, including, without limitation.

 

  1. Other Acknowledgements:

 

  1. Artist understands that Artist and other participants will discuss information that may be of a personal and/or revealing nature, the life of other participants, and the lives of non-participants. Artist acknowledges that, while such conduct might otherwise constitute an actionable tort, Artist has freely and knowingly consented to such conduct. 
  2. Artist acknowledges that in granting the Rights, Artist has not been induced to do so by any representations or assurances, whether written or oral, by Producer. Artist agrees that Artist has not received any promises or inducements other than as herein set forth. The provisions hereof shall be binding upon Artist and Artist’s heirs, executors, administrators and successors. Artist has been given ample opportunity to read, and Artist has carefully read, this entire Agreement. Artist certifies that Artist has made such an investigation of the facts relating to this Agreement as Artist has deemed necessary, that Artist fully understand the contents of this Agreement, that Artist is of sound mind, and that Artist intends to be legally bound by this Agreement. 
  3. ARTIST UNDERSTAND THAT ARTIST HAS WAIVED ARTIST’S RIGHT TO SUE PRODUCER (OR, ANY OF PRODUCER’SAFFILIATES) OR ANY OTHER RELEASED PARTY IN A COURT OF LAW AND HAS AGREED TO ADDRESS AND ASSERT ANY AND ALL CLAIMS AND GRIEVANCES ARTIST NOW OR IN THE FUTURE HAS OR MAY HAVE AGAINST PRODUCER (OR ITS AFFILIATES) THROUGH THE ALTERNATIVE METHOD(S) OF MEDIATION AND/OR IN ARBITRATION.
  4. ARTIST ACKNOWLEDGES AND UNDERSTANDS THAT THIS AGREEMENT HAS BEEN PREPARED BY AN ATTORNEY AND THAT PRODUCER HAS RECOMMENDED THAT ARTIST CONSULTS WITH ARTIST’S ATTORNEY IN CONNECTION WITH THIS AGREEMENT. ARTIST REPRESENTS AND WARRANTS THAT ARTIST HAS REVIEWED THIS AGREEMENT WITH ARTIST’S OWN LEGAL COUNSEL PRIOR TO SIGNING (OR ALTHOUGH I HAVE BEEN GIVEN A REASONABLE OPPORTUNITY TO DISCUSS THIS AGREEMENT WITH COUNSEL OF ARTIST’S CHOICE, ARTIST HAS VOLUNTARILY DECLINED SUCH OPPORTUNITY).

 

AGREED AND ACCEPTED:

 

____________________________________ _____________________________________

 

_____________________________________ _____________________________________


EXHIBIT A

 

“I Am Athlete” PRODUCTION PROTOCOLS

 

PROTOCOLS APPLICABLE TO PARTICIPANTS:

  1. No physical violence will be tolerated.
  2. Participants of legal drinking age may consume alcohol in a legal manner, but, if HOUSE3 deems such consumption to be excessive or unruly, HOUSE3 reserves the right to take necessary action to control the situation or disallow alcohol consumption to continue. Participants must follow HOUSE3’s legal directions and instructions when given.
  3. Participants may not negligently or willfully damage any location or any of the personal property of HOUSE3 or any of the other participants.
  4. Participants must obey all local, state and federal laws and regulations, accept full responsibility for their behavior and actions, and will not be protected by HOUSE3 from any violation of law.
  5. HOUSE3 may, at any time and in its sole discretion, add, remove, or replace participants, including by way of example if it determines in its sole discretion, that such participant is not mentally or physically fit to continue in the Project or if it determines that such participant is disruptive to the production of the Project or any of the other participants.
  6. Enforcement of the rules shall be at HOUSE3’s sole discretion. HOUSE3’s failure to enforce the rules on one occasion, or in connection with a particular participant, shall not preclude HOUSE3 from enforcing the rules on another occasion or with respect to a different participant.
  7. Participants may be disqualified and ejected from the Project in the sole discretion of HOUSE3, including, without limitation, for any of the following reasons (as determined by HOUSE3 in its sole discretion):
  1. In the case of breach by a participant of any agreement with HOUSE3.
  2. In the case of any participant causing harm to a location, him or herself, any other participant or any personal property of any other person or entity.
  3. In the case of ill- health or other health related matters.
  4. In the case of withholding of any information or providing any false or misleading information to HOUSE3 and/or any of its designees.
  5. In the case of the impeding of the work of the production team.
  6. In the case of willful misconduct or unlawful conduct (as determined by HOUSE3 in its sole discretion), including, without limitation, stealing or misappropriating property, harming other participants or crew members, acts of violence, etc.
  1. Any participant removed in any of these circumstances may be replaced at the sole discretion of HOUSE3 at any time by an alternate participant.
  2. Participants have the right, and the duty, to report to HOUSE3 any breach of safety, or any behavior or circumstances that they believe might endanger anyone on the production, or the presence of any illegal drug that they believe to be unreported or undetected.
  3. HOUSE3 may modify or add to these rules at any time, whether in writing or orally, and each participant shall be bound thereby.

 

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