<<

CBS Television Distribution (“Producer”) Date: 5555 , CA 90038 DR. PHIL - STUDIO AUDIENCE RELEASE 1. I agree to appear without pay as a guest in one (1) or more episode() (singularly or collectively, the “Episode”) of the television program “Dr. Phil” (the “Series”). 2. I acknowledge that Dr. Phillip C. McGraw, the host of the Series, does not and will not administer individual, group or medical therapy; and his advice, opinions or statements should not be considered individual, group or medical therapy or a substitute or replacement for those therapies. Similarly, I acknowledge that no employee of the Series will administer any such therapies. 3. You may forever use and reuse, and license others to use, my name, voice, picture, materials and/or statements made by me during the taping of the Episode including the pre-show, post-show and commercial breaks for any use throughout the universe, in all media now known or hereinafter invented including without limitation promotional use for the Series, use in the Series newsletter, on the Series website and/or in Dr. Phil podcasts. I understand that in connection with my appearance as a guest, I may be videotaped and recorded at any time (whether by hidden camera or otherwise). I give my consent to such taping and recording. 4. You may edit my appearance as you see fit and I understand that you have no obligation to use my appearance. 5. I may voluntarily disclose personal and/or financial information about myself (“Personal Information”) during the taping of the Episode and I agree that you may broadcast such disclosures in accordance with Paragraph 3 above. 6. If I receive any gift or gifts (singularly and collectively the “Gift”) during and/or after my participation in the taping of the Episode, I acknowledge and agree as follows: I understand that neither Producer nor anyone associated with the Series has conducted a background investigation of the company and/or individual donating the Gift and that neither Producer nor anyone associated with the Series can be held responsible for the conduct and/or the operation, safety, reliability or suitability of the Gift; I understand that neither Producer nor anyone associated with the Series makes any representations or warranties regarding the operation, safety, reliability and/or suitability of the Gift. I represent and warrant that my decision to accept the Gift is my own and that this decision has not been induced or affected by Producer or anyone associated with the Series. I understand that I am solely responsible for determining the operation, safety, reliability and/or suitability of the Gift and that Producer and everyone associated with the Series expressly disclaim any responsibility therefor. I understand that I am responsible for any and all taxes I may be obligated to pay as a result of receiving the Gift. I acknowledge and agree that if the party offering the Gift fails to perform, deliver and/or make good on their offer of the Gift in no event shall Producer or anyone associated with the Series be obligated to perform, deliver and/or make good on the offer of the Gift. 7. I covenant and agree not to sue Producer, Peteski Productions, Inc., Dr. Phillip C. McGraw and/or their respective distributors, partners, joint venturers, successors, heirs, representatives, assigns, affiliates, licensees, agents, officers, directors, shareholders, employees and attorneys, and each of them, for any loss, claims or injuries of every kind and nature which I may now have, or may hereafter acquire, arising out of or in connection with the Episode including, without limitation: (a) any claims, demands and causes of action for invasion of privacy or publicity, defamation, infliction of emotional distress or any other tort in connection therewith;(b) because I do not like the manner in which Producer granted and/or used my name, voice, appearance, or Personal Information in the Episode (or derivative works); (c) because Producer did not produce, tape, and/or broadcast the Episode; (d) because I do not like the questions, responses or outcome of the Episode; and (e) because Producer did not fully disclose the subject matter of the Episode or the identity of other guests appearing on the Episode. My agreement not to sue is a private, voluntary transaction with Producer whereby I, in consideration of the opportunity to appear on or in conjunction with the Series and for other good and valuable consideration, agree to shoulder the risk that the law might otherwise place on Producer or the other person and entities described herein. I further agree that should I violate this agreement and covenant by filing suit against any of the persons or entities named herein then, in that event, each of them shall be entitled to their attorneys’ fees as damages in addition to any other damages they may suffer as a consequence of my breach of this agreement. 8. If any provision or provisions of this Release shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. In signing this Release, no promises have been made to me other than as set forth herein, and I have not relied on any representations or other statements that are not contained herein. I further agree that no oral agreements or amendments are binding on Producer unless and until reduced to writing and signed by a duly authorized officer of Producer. I acknowledge and agree that this Release shall be governed by the laws of the State of , without regard to its choice of law rules and without regard to conflicts of laws principles and constitutes a complete and binding agreement between Producer and me. I agree to submit exclusively to the jurisdiction of a court of competent jurisdiction located within the county of , State of California and agree that the California Rules of Civil Procedure, including, without limitation, CCP ANTI-SLAPP section 425.16 shall apply to any legal proceedings. I have carefully read this Release and indicate my understanding and consent by signing below.

Legal Signature Address

Name (Printed) Phone Number

If the guest is under eighteen years of age, I represent and warrant that I have the legal authority to execute this Release on behalf of the guest, I hereby approve the terms of this Release and I guarantee performance of this Release by the guest. If custody of the minor guest is shared, I represent that I am the custodial parent or custodian with the legal authority to sign this Release.

(Signature of Parent or Legal Guardian) Address

Name (Printed) Phone Number

Studio Audience Release – Season 18 Last Modified – 7/2/19