APPLICATION AGREEMENT

1. I am applying to be a participant in a new television series about renovation projects (the “Production”) being developed by BAM One Inc. (“Producer”) through an online application process (the “Online Application”) for exploitation by BAM One Inc. (Producer)

2. I am submitting the Online Application for myself and entering into this Application Agreement (the “Agreement”) in consideration for being considered for and possibly selected to participate in the Production, I agree as follows:

Participation

3. I have read, understand, and am in compliance with and will continue to comply with the eligibility requirements listed in the Online Application and with Producer’s instructions with respect to the participant selection process for the Production.

4. I have answered the questions in the Online Application honestly, accurately and completely.

5. If I have provided any false, misleading or incomplete information in the Online Application, Producer will be entitled to dismiss me from the participant selection process and/or the Production.

6. I acknowledge and agree that:
(a) even if I meet the Production eligibility requirements, Producer is not obligated to interview me and/or select me as a participant;
(b) the participant selection process will involve subjective decisions made by Producer in its sole discretion, and subject to the approval of Producer for the Production;
(c) Producer’s participant selection decisions are final and binding on me, and not subject to challenge or appeal; and
(d) even if I am selected to participate, Producer has no obligation to produce the Production, including proceeding with the renovation, nor does any entity have any obligation to broadcast the Production even if produced or to use any recordings of me.

7. All eligibility determinations shall be made solely by Producer in its sole discretion and are final and binding in all respects. Producer reserves the right to add or modify the eligibility requirements at any time.

8. I have been asked to provide Producer with photographs, video submissions and/or written materials (collectively, the “Materials”) as part of the Online Application, participant selection process, and/or the Production. I confirm that Producer will not be obligated to return any or all Materials, whether or not I am selected to participate in the Production.

9. I understand that Producer’s reviewing my application as a potential participant in the Production is the total and sufficient consideration for such application, and I will not receive any money or other consideration for: (i) submitting the Online Application; (ii) participating in the participant selection process; or (iii) for granting Producer the rights and benefits granted in the Online Application and this Agreement.


Grant of Rights

10. I consent to Producer recording (by still or motion picture or audio-only) my voice, name, appearance, activities (including any interviews and performances), biographical information, Application information and the Materials in and in connection with the participant selection process (collectively, the “Recordings”).

11. I agree to take any further action, in writing (including, without limitation, confidentiality agreement, execution of affidavits, assignments, and/or other documents), reasonably requested by Producer to effect, perfect or confirm Producer’s rights in the Recordings or otherwise in connection with this Online Application.

12. I grant to Producer the exclusive right to (and to authorize others to) reproduce, broadcast, distribute, use and otherwise exploit all or some of the Recordings and Materials in and in connection with the production, promotion, broadcast, distribution and other exploitation of the Production or any related productions or in any other manner at Producer’s sole discretion throughout the universe in perpetuity in all media in any languages now known or developed in the future. I agree that Producer may (and may authorize others to) edit the Recordings in connection with such use and I hereby waive any moral rights I may have in and in connection with the Recordings and the Production.

13. I agree that Producer will own exclusively any and all right, title, and interest (including copyright) in and to the Materials, Recordings and the Production and hereby irrevocably waive any and all moral rights I may have in or to the same.

14. Without limiting the foregoing, Producer may use or not use (and authorize others to use or not use) any or all of the Recordings in the Production or in any related productions, for promotion and publicity or in any other manner at Producer’s sole discretion (without being obliged to any such use) whether or not I am selected as a participant in the Production.

15. The foregoing rights are granted to Producer whether or not I am selected to participate in the Production.

Confidentiality

16. I acknowledge that as a result of my application to participate in the Production and possible participation in the Production, I may read, hear or otherwise acquire or learn information or materials that are confidential or would reasonably be considered confidential (collectively, the “Confidential Information”) including, without limitation, information or materials concerning or relating to Producer, including, without limitation, any information concerning or relating to the Production, the Production applicants, the Production participants, the locations of the Production, the events contained in the Production, and the outcome of any episode of the Production. Whether or not I am selected to participate in the Production, I shall not directly or indirectly use (or permit others to use) any Confidential Information at any time and I shall not disclose any Confidential Information to any other party at any time. I acknowledge that the Confidential Information is the exclusive property of Producer, as the case may be.

Representations and Warranties

17. I represent, warrant and covenant that:
(a) I have answered all the Application questions truthfully, completely and accurately;
(b) there is nothing prohibiting me from submitting the application or agreeing to the terms of this Agreement;
(c) all persons appearing in the Materials and anyone who may have created such Materials have agreed that they may be used, as edited, altered or modified by Producer, in all media without compensation or consent;
(d) the Materials do not and will not contain any elements that infringe or violate any rights of any third party or that are defamatory, or otherwise contrary to law; and
(e) I have or control all the necessary rights and authority to grant the rights and benefits granted to Producer including, without limitation, the rights in the Materials.

18. I acknowledge that a breach by me of any of the representations and warranties (including, without limitation, the confidentiality provisions) of this Agreement would cause Producer irreparable harm that cannot be reasonably or adequately compensated by damages in an action at law, and as a result, I agree that Producer will be entitled to seek injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of any of the terms of this Agreement and any such breach or alleged breach may, in Producer’s sole discretion, result in my disqualification as a Production participant.

Personal Information

19. I authorize Producer to conduct background checks of me if Producer wishes, in its sole discretion and, without limiting the foregoing, I authorize Producer to:

(a) investigate, access and collect information about me including information relating to the information I provide in the Application or any supporting documents or statements I provide or may provide in connection with my Application; and
(b) secure information about me from my current and former employers, employees, associates, friends, family members, government agencies (including, without limitation, motor vehicle records, and civil or criminal records), credit reporting agencies, and any references I have provided, and I authorize such parties to provide that information.

20. I confirm that in the course of these investigations, Producer may disclose to such parties personal information that I provided in the Application or that Producer has obtained from third parties (the “Personal Information”), if Producer determines such disclosure to be necessary for the investigation.

21. I acknowledge and agree that any Personal Information obtained by Producer or included in my Application or otherwise may be used for the purpose of making casting and other decisions related to the production and exhibition of the Production, and may be described, disclosed or otherwise used in and in connection with the Production, any subsequent seasons of the Production, and any ancillary or related productions, including “making-of” and “behind-the-scenes” productions and for related promotion and publicity.

Release

22. I hereby release Producer, it's licensees, affiliates and assigns, and all other persons and entities connected with the Production (including television networks, digital platforms and advertisers and sponsors), including, without limitation, each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, legal fees and expenses) (collectively, “Claims”) of any kind arising out of or in connection with the Released Parties’ use of the Materials and the Recordings; my participation in the participant selection process; any collection, use and disclosure of my Personal Information; the production, promotion and exploitation of the Production; the failure of Producer to select me as a Production participant; the failure to produce, or the cancellation of, the Production; or the exercise by Producer of any rights granted by me (collectively, the “Released Claims”). The Released Claims include, without limitation, Claims relating to defamation, personal injury and rights of privacy and publicity and/or resulting from the actions of any other Production participant or any other third party at any time.

General

23. If I am selected to participate in the Production, I agree that I will be required to sign further documents, including, without limitation, a Participant Agreement, Confidentiality Agreement, Location Agreement and agreement(s) with the builders, as applicable, to fully effect and / or confirm the rights granted in connection with the Online Application, the Production and this Agreement.

24. This Agreement will ensure to the benefit of the parties and their successors, assigns and licensees and heirs and legal representatives.

25. If any provision of the Online Application and/or this Agreement is invalid, illegal, or unenforceable in any jurisdiction it will be ineffective solely to the extent of such invalidity, illegality or un-enforceability, without affecting the remaining provisions in that jurisdiction or rendering that or any other provision invalid, illegal or unenforceable in any other jurisdiction.

26. Producer may assign, in whole or in part, any of its rights or obligations under the Online Application and/or this Agreement. I may not assign any rights or obligations under the Online Application and/or this Agreement.

27. The Online Application and this Agreement will be governed by the laws of the province of Ontario and the applicable federal laws of Canada, excluding choice of laws principles. The courts of Ontario in the City of Toronto will have exclusive jurisdiction over any matter arising out of the online application and/or this Agreement.

28. BY CLICKING HERE AND SUBMITTING THIS ONLINE APPLICATION AND APPLICATION AGREEMENT, I ACKNOWLEDGE THAT I UNDERSTAND THE REQUIREMENTS FOR THE APPLICATION PROCESS AS WELL AS THE COMMITMENTS REQUIRED IF SELECTED FOR THE PRODUCTION. I REPRESENT THAT I HAVE READ, UNDERSTOOD AND AGREE TO COMPLY WITH THE TERMS OF THE ONLINE APPLICATION AND THIS AGREEMENT AND ACKNOWLEDGE THAT I AM GIVING UP CERTAIN LEGAL RIGHTS.