Football Fans

CASTING RELEASE: PLEASE READ AND ACCEPT THE FOLLOWING: *
This release (“Release”) is made to allow Piece of Work Productions, LLC (“Company”) to consider me as a guest/participant in a production and/or publication tentatively entitled “Untitled Casino Betting Show” (the “Programming”). I am giving this Release in consideration for Company considering my participation as a guest/participant in the Programming and I recognize that my signature on this Release is a condition of Company considering me to be a guest/participant in the Programming. I agree that Company and its affiliates, successors, licensees, and assigns (including, without limitation, event and program sponsors, advertisers, and marketing partners) may tape and photograph me and record my voice, conversation, and any and all other activity and results thereof (including quotes, paraphrases, sounds, performance(s) of musical composition(s), and drawing(s), sketching(s), and/or similar work(s) (collectively, “Artwork”) I create on-camera) for use in and in connection with the Programming and other sponsored or unsponsored programming (my “Participation”). I acknowledge that this Programming is a non-guild production and there will be no residual or any other type of payment due in connection with my Participation. I waive any right of inspection or approval of the proceeds of my Participation or the uses to which such proceeds may be put. I voluntarily agree to participate in the Programming with full knowledge of the foregoing and freely and voluntarily assume all risk associated therewith. Notwithstanding anything to the contrary contained herein, if I am rendering any musical performances in connection with the Programming and I am currently a party to an exclusive recording agreement in effect with a record company with which Company (and/or any of its affiliates) has negotiated certain terms and conditions that are applicable to any such musical performances (a “Record Company”), this Release will be subject to such applicable terms and conditions, unless otherwise authorized by Record Company. In the event of a conflict between the terms of this Release and the terms of any agreement between Company (and/or any of its affiliates) and Record Company, the terms of such agreement will control.

I agree that Company will be the exclusive owner of all copyright and other rights in and to the Programming, my Participation, and any excerpts therefrom, and that Company will have the exclusive right to use, and license or otherwise authorize others to use, them in any manner Company wishes and in any and all media now known or hereafter devised, in perpetuity throughout the universe in all languages, without any obligation whatsoever (other than as described in this Release) to me (or to any person or entity claiming through or on my behalf). Notwithstanding the prior sentence, Company shall not commercially release any audio or audiovisual products intended for home consumer use that embody any performance of musical compositions in my Participation or any Artwork created in my Participation, without Company obtaining any necessary approvals that may be required by my record label, if applicable.

I further irrevocably grant to Company, in respect of my name, voice, actual or simulated likeness, and/or photography, recordings, and/or reproductions of any or all of the foregoing, and/or any or all biographical facts that may have been provided to Company, (a) the right to use, and to license or authorize others to use, the same, in all media now known or hereafter devised, in perpetuity throughout the universe, in connection with the Programming, any other works based upon the Programming, and/or any other use of the Programming, and/or for advertising, publicity, marketing, promotional, and/or commercial tie-in purposes in connection with any or all of the foregoing or otherwise (including in/on and/or in connection promotional materials for the network on which the Programming is exhibited (the “Network”), the Network’s programming services, affiliates, and/or sponsors, and/or other Network programs, and/or for the institutional purposes of the cable industry generally), and (b) all allied ancillary and subsidiary rights therein and thereto (including, without limitation, merchandising and commercial tie-in rights). I confirm that, to the best of my knowledge (in the exercise of reasonable prudence and due diligence), any statements made by me during my Participation will be true and will not violate or infringe upon any third party’s rights.

I confirm that I have secured, or agree that I will secure (and/or will arrange with any respective publisher and/or third-party owner to secure), at no cost to Company, all rights (including, without limitation, synchronization rights) necessary for Company to use all musical composition(s) written, co-written, and/or performed by me that is/are contained within the Programming, and all rights in the Artwork (in each case, if any). I will not be entitled to any additional consideration as a result of the exercise of the rights granted herein. Notwithstanding the foregoing, nothing in this Release will affect my right, or the right of any authorized publisher or co-writer, to collect public performance royalties. I represent and warrant that any and all materials provided or performed by me in connection with the Programming (including, without limitation, any musical compositions) will not violate or infringe upon any third party’s rights.

If I am a United States resident, I will see the Paramount U.S. Workplace Privacy Notice available at: https://www.viacomcbs.com/viacomcbs-us-workplace-privacy-notice.

I acknowledge that I may obtain and/or be provided with knowledge and/or information (and/or access to knowledge and/or information) that is of a secret, confidential or proprietary nature, including without limitation: (i) all information regarding the Programming, including, without limitation, information relating to the Programming prior to public disclosure thereof by Company (e.g. the Programming’s existence, the premise and title of the Programming, the names of individuals associated with the Programming and all other elements relating to production of the Programming); and (ii) all information regarding the business of Company, Network and their affiliates, licensees, successors and assigns, including, without limitation, the operations, programming, production, trade practices and other activities, of any of the foregoing (together "Confidential Information"). I agree in perpetuity not to disclose any Confidential Information to any person or entity or make any use of any Confidential Information. This Paragraph shall not apply to information that becomes generally known to the public through no fault of mine, or information that I am required to disclose by law pursuant to a proper protective order approved by Company and Network. I shall inform Company immediately in the event any person or entity offers to pay or provide me or any related party of me (each a “Related Party”) with any form of compensation in exchange for the disclosure of Confidential Information. For the purpose of this Agreement disclosure of Confidential Information includes, without limitation, engaging in conversation related to the Programming with any individual in a public place (including, without limitation, restrooms, elevators, restaurants and/or any other area in which there is not a reasonable expectation of privacy) and/or on cellular telephones, because such conversations may be overheard, and without limiting the generality of the restriction on the disclosure of Confidential Information as set forth herein, I shall avoid engaging in such conversations.

a.	Publicity. All aspects of the publicity and promotion for the Programming shall be at Company’s and its designees’ sole discretion. I shall not, and shall ensure that my agents, representatives and Related Parties do not, directly or indirectly (e.g., through any publicity representative or otherwise), circulate, publish or otherwise disseminate any news story, article, book or other form of publicity relating to the Programming, nor authorize any person or entity to do any or all of the foregoing.
b.	New Media. My obligations and restrictions hereunder shall apply to any and all media whatsoever, including, without limitation, all social networking sites; micro-blogging services; user-generated and user-uploaded content websites; online forums, discussion threads and comment sections; personal website and blogs; user-modified websites known as “wikis”; and all other websites, services, platforms, programs, applications and other forms and methods of communication, whether now known or hereafter devised. For example, I may not make disclosures prohibited hereunder via Facebook, Twitter, YouTube or any other similar websites or services, whether existing now or in the future.

Liquidated Damages. I acknowledge and agree that any disclosure of Confidential Information by me or any Related Party in violation of this Agreement shall constitute a material breach of this Agreement and shall cause irreparable harm to Company and Network. I further agrees that in the event of any disclosure of Confidential Information by me or any Related Party in violation of this Agreement, I shall be liable to Company and Network and shall pay to Company and Network, as liquidated damages, and not as a penalty, $1,000,000, which amount has been agreed upon following a reasonable endeavor by Company, Network and I to ascertain the actual loss Company and Network will sustain as the result of such disclosure. I expressly agree that these liquidated damages amount represents reasonable compensation for the harm which will be incurred by Company and Network as a result of violation of this Agreement and that these liquidated damages provision is necessary because Company and Network will in fact suffer significant damages as a result of violation of this Agreement and it is impracticable to calculate or ascertain the amount of those damages with certainty or specificity). In addition and without limiting any other rights Company or Network may have at law, in equity or otherwise, Applicant agrees that in the event of any disclosure in violation of this Agreement, Company and/or Network shall have the right, among other things, to: (a) injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this Agreement; (b) recovery or disgorgement of the monies and/or other consideration received in connection with such disclosure, if any; and (c) recovery of any attorneys' fees incurred by Company and/or Network (as applicable) to enforce this Agreement on a proactive and/or retroactive basis.

I represent and warrant that all information I am providing to Company in my Application and in this Release is valid, true, and accurate, and that I have (or will concurrently provide) to Company full and accurate information regarding my name (including prior names, aliases, and professional/stage names), address, and date of birth, for Company’s recordkeeping purposes. I agree to comply with all instructions regarding safety in connection with the Programming, and understand that Company will proceed in reliance hereon. I agree not to sue and irrevocably and unconditionally release, waive, and forever discharge Company and its past, present, and future parents, subsidiaries (whether or not wholly-owned), affiliates, divisions, agents, representatives, employees, successors, and assignees/licensees/transferees, jointly and individually, and all entities and persons associated with the Programming (all of the foregoing, collectively, “Releasees”), from any and all manner of liabilities, claims, and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which I (or my assigns, agents, and/or representatives) ever had, now has, or in the future may have against the Releasees, including, without limitation, claims arising out of or related to the exercise of any of the rights granted to Company or the uses described herein, the Programming and/or my Participation. I agree that I will be liable for any attorneys’ fees and costs incurred by Company and/or any of the Releasees in connection with any claim or lawsuit brought in violation of this Release. In no event shall I have the right to enjoin the development, production, distribution, or exploitation of the Programming. Company may assign, license, or otherwise transfer this Release or all or any of its rights or privileges hereunder to any entity or individual without restriction. I warrant that I have the full, complete, and unrestricted right and authority to enter into this Release. 

This Release shall be binding on all of my successors-in-interest and heirs. This Release sets forth the entire agreement between me and Company, superseding all prior understandings and communications with respect to the subject matter hereof and may not be altered or amended except in writing signed by both parties. This Release and all questions arising under this Release will be governed by and construed in accordance with the laws and decisions of the State of New York applicable to contracts entered into and fully to be performed therein, without giving effect to the principles thereof relating to conflicts of law. If any provision(s) (or any portion(s) of any provision(s)) in this Release conflict(s) or could be interpreted to conflict with this paragraph for any reason (including, without limitation, any references to court, jurisdiction, judiciary, jury, action-at-law, or any other terms), the terms of this paragraph will control. The parties agree that any and all controversies, claims or disputes arising out of or relating to this Exhibit 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 binding arbitration at the New York City 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 Release 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 New York state or federal court with substantial experience in matters involving the entertainment industry, who is affiliated with JAMS. The arbitrator will follow New York law in adjudicating the Dispute. The arbitrator will provide a detailed written statement of decision which will be part of the arbitration 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 New York County, New York. All parties consent to the personal jurisdiction of the state and federal courts located in New York County, New York 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 New York County, New York. (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. In the event that there is any conflict between the provisions of this Release and local laws, the provision(s) shall be removed to the limited extent necessary to comply with local laws.