Wipeout Canada Contestant Application Agreement and Release
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CONTESTANT AGREEMENT AND RELEASE “WIPEOUT CANADA” NOTE: DO NOT SIGN THIS UNTIL YOU HAVE READ IT COMPLETELY AND ENSURE THAT IT IS FULLY COMPLETED PRIOR TO SUBMISSION TO PRODUCER Dated [To be filled in by applicant] 1817141 Ontario Inc. 72 Stafford St., Suite 400 Toronto, Ontario M6J 2R9 Ladies and Gentlemen: I have completed and submitted the “Wipeout” application (the “Application”) to be considered by 1817141 Ontario Inc. (“Producer”) to become a contestant in the television series currently entitled “Wipeout Canada” (the “Series”), which is being co-produced by Producer and Endemol Argentina S.A. (“Endemol”) and is currently scheduled to be initially broadcast on one or more television networks owned or controlled by Canwest Television Limited Partnership (the “Network”). I understand that Producer is selecting finalists to become contestants, and may conduct one or more interviews with me (the “Finalist Interview”) for that purpose. I have volunteered to participate as a contestant on the Series and I acknowledge and agree that my sole compensation for my participation as a contestant, if any, will be my winnings (cash and/or prizes) earned on the Series. I understand that Producer is merely considering me as a contestant on the Series and that Producer has no obligation to allow me to participate as a contestant. I am making the representations, warranties, disclosures, and covenants and agreements set forth in this Contestant Agreement and Release (the “Agreement”) so that Producer will continue to consider me to become a contestant in the Series. If any disclosure or representation is false, misleading or incomplete, or if I breach this Agreement or any other agreement that I have made or may make in the future in connection with the Series, Producer may remove me from consideration as a contestant in the Series, remove me from the Series, and/or may withhold from me any Prize (as defined herein) or monies that I would otherwise have won; and I shall return to Producer any Prize or monies already delivered to me. In that event, Producer and the Network, in their sole discretion, may make any explanation or announcement, on-air or otherwise. I UNDERSTAND THIS IS AN IMPORTANT LEGAL DOCUMENT RELATING TO MY POTENTIAL PARTICIPATION IN THE SERIES, AND BY SIGNING THIS DOCUMENT I AM WAIVING LEGAL RIGHTS I MAY HAVE AGAINST PRODUCER, THE NETWORK, BROADCASTERS, SPONSORS OF THE SERIES AND OTHERS. DISCLOSURES, ACKNOWLEDGEMENTS AND ASSUMPTION OF RISK 1. I have voluntarily applied to participate in the Series to engage in various activities in one or more locations to be designated by Producer in its sole discretion. I understand that the Series is a competition program where contestants attempt to successfully negotiate a series of challenges with only one contestant being determined the winner in each episode of the Series. I agree to follow all of Producer’s directions and instructions in all matters. Any actual or alleged consequences of my following such directions and instructions shall be included within the matters released and indemnified pursuant to this Agreement. I understand that my participation in the Series may involve, but not be limited to, traveling by air, train, and/or automobile, as well as strenuous and/or dangerous physical and/or mental activity, including, without limitation, racing, climbing, swimming and other water-based activities, performing obstacle courses, and engaging in other competitive physical challenges, with which I may or may not have had any prior familiarity and/or experience. I acknowledge that I have freely and knowingly consented to participating in such situations and activities and other similar activities. I represent that I believe myself to be in excellent physical, emotional, psychological and mental health, and am physically and mentally capable of performing any such activities or other similar activities. I represent and warrant that I am an experienced swimmer and able to hold my breath under water. I understand that I am solely responsible for determining whether I am physically, emotionally, psychologically and mentally able to participate in the Series. I acknowledge and understand that, as with participating in other hazardous activities, my participation in the Series carries with it the potential for death, serious physical injury, extreme emotional distress, mental or physical illness and property loss. The waivers, releases, and indemnities in this Agreement and any other agreement that I have executed or that I may execute in connection with the Series expressly apply to my participation in any such situations and activities. 2. If I am selected to participate, I understand that my participation in the Series may expose me and other contestants to a variety of conditions that may cause me serious bodily injury, illness or death, including but not limited to: physical stunts which may result in collision with objects, people and equipment; equipment failure or defect; falls from heights, objects and equipment into water; water hazards, including but not limited to, drowning and exposure to water-borne contaminates; physical contact with and exposure to other contestants, spectators and others; loss of orientation; exhaustion, dehydration, fatigue, and overexertion. I understand and acknowledge that while conduct giving rise to such situations and activities might in limited circumstances give rise to an action in tort or contract, I have freely and knowingly consented to such conduct and to participating in such situations and activities. 3. I understand that Producer, directly and/or through independent contractors, will provide various services and equipment in connection with the Series and its contestants. These services and equipment may include, but are not limited to, preparation for the Series; transportation to, from and about the sites of the Series (whether via air, train, automobile or otherwise); provision of food and/or water; furnishing equipment (including, without limitation, protective body and head gear and other safety equipment); the supervision of certain other activities; emergency equipment and services; and medical and first aid services. I acknowledge that neither Producer nor any contractor or employee providing equipment or services in connection with the Series has made any warranties whatsoever with respect to equipment or services furnished by them in connection with the Series or otherwise used by any contestants, and that there are no warranties of any kind from anyone regarding the equipment’s fitness or services or suitability for use for any purpose in connection with the Series, including, without limitation, that in the event any safety equipment and/or protective body and head gear is provided to me, that such articles, individually, or collectively, are adequate to protect me from any injuries and/or death. I hereby waive any right I might otherwise have to warnings or instructions regarding any aspect of the Series or the equipment or services utilized in connection therewith. Without in any way limiting the foregoing, I acknowledge and agree that any medical procedures, if any, offered to me in connection with my participation in the Series may involve calculated risks of complications, infection, disfigurement, injury or even death, from both known and unknown causes, and no warranty or guarantee has been made as to the result of such procedures, and I assume all risks with respect thereto. I also acknowledge and agree that no warranty, representation or guarantee has been made as to the qualifications or credentials of the medical professionals performing such procedures, or their ability to diagnose medical conditions that may affect my fitness to participate in the Series. I acknowledge and agree that, should I undergo any medical treatment or procedures by any medical professional whether or not provided by Producer, Producer is not responsible for any costs or claims in connection with or arising from such treatment or procedures. 4. I acknowledge that the foregoing is not an exhaustive list of the risks, hazards and dangers I may be exposed to as a result of the Series activities, and I voluntarily and freely accept and assume these and all such other risks, hazards and dangers inherent or otherwise which I may encounter or be exposed to and understand and acknowledge that the waivers, releases and indemnities in this Agreement expressly apply to these risks, hazards and dangers. 5. I recognize that participating in the Series necessarily will involve strenuous and dangerous physical activities, including, without limitation, some or all of those described in this Agreement. I understand that some or all of these activities are not recommended during pregnancy. I represent and warrant that if I am pregnant or if I become pregnant during my participation in the Series, I shall notify Producer immediately and shall remove myself from the competition. GRANT OF RIGHTS 6. I irrevocably grant to Producer the right (a) to interview me, as many times and for such periods of time as Producer requests in its sole discretion, and to videotape, film and otherwise record such interview(s) and my statements and appearances therein, including my name, voice and likeness (including, without limitation, during the contestant selection process), and (b) if I am selected by Producer to be a contestant in the Series, to videotape, film, portray, photograph and otherwise record me and my actions and record my voice and other sound effects