You hereby give the following representations, warranties, acknowledgements, 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 removal 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, Studio, or any other entity has no obligation to produce or exhibit the Program, 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 to be made in Producer’s sole and absolute discretion and 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 participant. (b) By submitting this application, I hereby consent to the recording, use and reuse by Producer, Werner Entertainment, Inc. and their licensees (including without limitation, Studio), successors, assignees , parents, subsidiaries, or affiliated entities, and each of their respective employees, contractors, agents, representative, officers and directors (collectively, “Releasees”) of my voice, actions, image, likeness, name, 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 or other materials that I have provided in connection with my application for 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 waivers and releases set forth herein, I waive any claims to royalties of any kind, whether accruing now or in the future, from Releasees 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 further grant Producer the right to use and license others to use my name, voice, image, likeness and biographical information in and in connection with the Program or otherwise, and in connection with advertising, programming and publicity materials for the Program (including, without limitation, in commercial tie-ins) and/or for Producer or Studio. 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, and no Releasee will be under any obligation to pay me or any third party, any money or other consideration for giving Releasees these rights or for agreeing to these terms. Such rights are being waived as consideration for my application to participate (and any actual participation) in the Program. I acknowledge and agree that Producer has no obligation to use any of the rights granted by me herein, and I grant the rights granted hereunder whether or not I am ultimately selected as a participant.(c) To the maximum extent permitted by law, I authorize Producer to investigate and access information about me in connection with my potential participation in the Program, and I agree to sign any document(s) as required by any third party designated by Producer to perform any such investigations. 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 described or otherwise related or shared with Studio. 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.(d) I understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer in its sole discretion. I further understand that those certain individuals, 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 decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal. (f) RELEASE AND AGREEMENT NOT TO SUE. To the maximum extent permitted by law, I release each and all 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 application for or 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) (collectively, the “Released Claims”). Further, to the maximum extent permitted by law, I agree not to sue, or make any claim against 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. (g) 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 the Releasees , the business of Producer or the Releasees , any program produced by Producer and/or exhibited by the Releasees, 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. In no event will I have the right to terminate, withdraw, or cancel my confidentiality obligations under this application. I acknowledge that in the event I breach (or threaten to breach) the confidentiality or any other provisions of this application, my breach may, in the sole discretion of Producer result in my removal from the application process or from the Program (as applicable). (h) 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. (i) 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. (j) DISPUTE RESOLUTION; LIMITATION OF REMEDIES. I agree that any and all claims, disputes or controversies arising out of or in connection with this application for or participation in the Program that are not otherwise barred or released pursuant to the terms herein shall be resolved exclusively and confidentially by binding arbitration before a single, neutral arbitrator, under the auspices of JAMS using its Streamlined Arbitration Rules and Procedures, through its Los Angeles, California office. I agree that my remedies for any breach of this agreement by Producer or others will be limited to monetary damages, if any, and in no event will I be entitled to cancel, terminate, or rescind this agreement or the rights granted hereunder, or to seek or obtain injunctive or any other equitable relief. (k) SEVERABILITY. The illegality, invalidity or unenforceability of any provision of this agreement shall in no way affect the validity or enforceability of any of the remainder of this agreement, which shall be enforced to the maximum extent permitted by law.