Old Enough

ELIGIBILITY REQUIREMENTS AND RELEASES *
Your child must be 3-6 years of age as of March 2023.

You and your child must be legal US residents and residents of the State of California.  

You must not be a candidate for public office and must agree not to become one until after one (1) year after the initial exhibition of the episodes of the Program in which you appear if selected as a participant.

Buster Productions Inc. (“Producer”) and Paramount (as defined below) reserve the right to render ineligible any person who either of them determines, in the sole discretion of either of them, is sufficiently connected with the production, administration, judging, or distribution of the Program, such that his/her participation in the Program could create the appearance of impropriety.  In making this decision, Producer and Paramount may consider whether you know or have known anyone who is, or has been within the last two (2) years, an employee, officer, director or agent of any of the following:

(i)  	Producer or any other person or entity involved in the development, production, distribution or other exploitation of the reality-based program currently broadcast on a Paramount entity;  
(ii)     Producer or any of its parent, subsidiary or affiliated entities, including, without limitation,  Paramount Global, its broadcast networks and studios, cable networks and studios, film businesses, digital businesses, parks and resorts (collectively, “Paramount”);
(iii)     Any sponsor of the Program or its advertising agency; or
(iv)	Any person or entity supplying goods, services or prizes (as applicable) to the Program.

Please list any such relationships here; if none, write “None.”
If you are selected as a potential participant you must execute waivers and release agreements for yourself and on behalf of your child required by Producer and  or any of their licensees, successors or assigns.

You and your child will need to be available to the production in March 2023 (dates subject to change in Producer’s sole discretion) and be willing to travel to various locations as part of production.

Any offer to become a participant may be conditioned upon your submission to a background check, and may include providing medical records (e.g., immunization records) and/or  the certification of medical professionals that your child  meets all physical and psychological requirements.  You and your child must be willing to submit medical information to the production, and you and your child must be willing to submit to a medical examination and background check.  

You on behalf of yourself and your child hereby give the following representations, warranties, acknowledgments, consents and releases:

(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; (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 my and my child’s dismissal from the Program participant selection process if selected; (iv) even if I and my child meet the eligibility requirements, Producer has no obligation to further contact me, to interview me, and/or select me and my child as a participant; (v) even if I and my child are selected as a participant, Producer has no obligation to produce the Program and Paramount 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; and (viii) Producer has no obligation to return any materials submitted by me as part of the application whether or not I and my child are selected as a participant.  

(b) By submitting this application, I hereby consent to the recording, use and reuse by Producer, Paramount, and any of the Released Parties (as defined in Paragraph 10 below) of my and my child’s voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with this application to be a participant in the Program or in any materials submitted by me in connection with this application and/or the Program (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 or any other work.  I agree that the Released Parties or any of them may use all or any part of my and my child’s Likeness, and may alter or modify it regardless of whether or not I and my child are 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 this application and any other materials that I have provided or may provide in connection with this 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 and my child’s Likeness in any and all media now known or hereafter devised worldwide, in perpetuity.  Without in any way limiting the foregoing, if I or my child perform or include any music (other than music supplied to me by Producer) in connection with this 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 Paramount 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 and my child’s Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. I grant the rights hereunder whether or not I and my child are selected to participate in the Program 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.

(c) I hereby 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 participant in the Program, 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, 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, civil records, military records, 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 participants in the Program or in the course of producing the Program, and may be described or otherwise related in and in connection with the Program, in and in connection with another program, and in and in connection with any advertising, promotion or publicity for the Program or other program, to the maximum extent permitted by law.

(d) I hereby authorize Producer and any person or entity designated by Producer to conduct psychological and physical examinations of me and/or my child as required by Producer, in Producer’s sole discretion to the maximum extent permitted by law.  I further authorize the individuals conducting such examinations of me and/or my child to disclose to Producer and their representatives all information about me and/or my child obtained in connection with such examinations.  
	(e)	I understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer and Paramount 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, Paramount, 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 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.  

9)	CONFIDENTIALITY.  Whether or not I am selected to be a participant on the Program, 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 at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any of the following, which is the exclusive property of Producer or Paramount: any information or materials that I may read, hear or otherwise acquire or learn in connection with or as a result of my participation in or in connection with the Program, including without limitation, any information or materials concerning or relating to Producer or to Paramount, the business of Producer or Paramount, any program produced by Producer or exhibited by Paramount, 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, the outcome of any episode of the Program, and the contents of this application or any other agreement or document that I sign, have signed or receive from Producer or Paramount 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 Paramount 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 Paramount 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 Paramount 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 Paramount 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.     

10)	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 and my child’s participation in or in connection with the Program, including, without limitation, the recording of my and my child’s Likeness and the Materials, my and my child’s participation in the participant selection process of the Program, and any exploitation of the Program, my and my child’s 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 and my child agree not to sue the Released Parties as a result of the recording or use of my and my child’s Likeness 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.  The term “Released Parties” shall mean and refer to Producer, Network, all entities and platforms of Paramount, any other licensees or assignees of the Program or the Materials, the other participants in the Program, all other persons and entities connected with the Program, 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.

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

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

13)	DISPUTE RESOLUTION. Any and all controversies, claims or disputes arising out of or relating to this Agreement or the interpretation, performance or breach thereof, including but not limited to, alleged violations of state or federal statutory or common law rights or duties and/or the conduct of the parties hereunder or in connection herewith (“Dispute”) will be the subject of good faith negotiation. If after good faith negotiation the Dispute is not resolved, and either party wishes to pursue the matter further, the parties agree that the Dispute will be submitted to final and confidential binding arbitration at the Los Angeles office of JAMS, or its successor (“JAMS”), pursuant to the procedure set forth in subparagraph A. below.
A. 	The arbitration will be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, in effect at the time the request for arbitration is made (the “Arbitration Rules”). The parties agree that a Dispute will include the determination of the scope or applicability of this agreement to arbitrate and the arbitrability of the Dispute, including, but not limited, to any claim of waiver. The arbitration will be conducted before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Unless the parties agree otherwise, the neutral arbitrator will be a former or retired judge or justice of any California state or federal court with substantial experience in matters involving the entertainment industry, who is affiliated with JAMS. The arbitrator will follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The arbitrator will provide a detailed written statement of decision which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. The arbitrator’s award will be final and binding except to the extent that limited judicial review is permitted by applicable law. The parties are to share the arbitration costs and the arbitrator’s fees equally. Each party will remain responsible for its own attorneys’ fees. The parties waive the right to seek punitive damages and the arbitrator will have no authority to award such damages. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed. Neither the parties nor the arbitrator will disclose the existence, content, testimony, evidence or results of the arbitration, except as necessary to comply with legal, statutory or regulatory requirements. Before making any such disclosure, a party will give written notice to all other parties and will afford such parties a reasonable opportunity to protect their interests. If either party refuses to perform any or all of its obligations under the final arbitration award within thirty (30) days of such award being rendered, then the other party may confirm or enforce the final award in any court of competent jurisdiction in Los Angeles County, California. All parties consent to the personal jurisdiction of the state and federal courts located in Los Angeles County, California for purposes of confirming or enforcing any arbitration award. This clause will not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction in Los Angeles County, California.

B. 	The parties acknowledge that this provision constitutes a waiver of each party’s rights to a civil court action or a jury trial concerning matters covered by this provision; only an arbitrator, not a judge or jury, will decide the Dispute.


14)	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 and my child in the same manner as though an original signed copy had been delivered.

15)	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.

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.