RELEASE

1) WAIVER AND RELEASE. If you are selected as a potential contestant you must execute waivers and release agreements required by Better Luck Than Chuck LLC (“Producer”) or any of its licensees, successors or assigns.

2) BACKGROUND CHECK. Any offer to become a contestant may be conditioned upon your submission to a background check.

3) WARRANTIES. 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 dismissal from the Better Luck Than Chuck Program (“Program”) contestant selection process, and/or from the Program contest (if any), 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 contestant; (v) even if I am selected as a contestant, Producer has no obligation to conduct the Program contest (if any) or produce the Program and has no obligation to exhibit it, even if produced; (vi) I agree to keep strictly confidential all information about the Program that I may acquire during the contestant selection process and/or during my participation in the Program (if applicable); (vii) all decisions by Producer concerning selection of the contestants 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 (“Materials”) whether or not I am selected as a contestant.

  (b) By submitting this application, I hereby consent to the recording, use and reuse by Producer and any of the Released Parties (as defined in Paragraph 5 below) of my voice, actions, likeness, name, appearance (including without limitation via Zoom or similar technology), biographical material, and any information contained in, derived from or obtained in connection with my application to be a contestant in the Program or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by Producer or by any of the other Released Parties, 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 further agree that the Released Parties 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 that I have provided in connection with my application and any other Materials that I have provided or may provide in connection with my application or the Program, 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. I further agree that Released Parties may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. 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 any money for giving Released Parties these rights or for signing this application.

  (c) I hereby authorize Producer and any person or entity designated by Producer to investigate, access and collect information about me, about any of the statements made by me in my application, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a contestant in the Program, or any other written or oral statements I make in connection therewith. I irrevocably authorize Producer and any person or entity designated by Producer to secure information about me and my experiences from my current and former employers, associates, friends, family members, educational institutions, government agencies, any branch of the military, and any references I have provided, and I irrevocably authorize such parties to provide information concerning me. I hereby unconditionally and irrevocably release and forever discharge Producer, the persons or entities designated by Producer, and the Released Parties (as defined in Paragraph 5 below) from any and all liabilities arising out of or in connection with any such investigation. I specifically authorize investigation of my employment records, and government records, including but not limited to my motor vehicle records, criminal records, civil records, military records, and/or consumer report(s). 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 used for purposes of selecting contestants in the Program or in the course of producing the Program, and may be described or otherwise related in and in connection with the Program.

  (d) I understand that the contestant selection process will involve subjective decisions made by certain individuals selected by Producer in its sole discretion. I further understand that Producer and 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 contestant selection and elimination decisions shall be final and binding on me in all respects, and shall not be subject to challenge or appeal.

4) CONFIDENTIALITY. Whether or not I am selected to be a contestant on the Program, I shall keep in strictest confidence and shall not authorize or cause others to, directly or indirectly, use or disclose to any third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) including personal social media (i.e. Facebook, Twitter, YouTube, Instagram, etc.) any of the following, which is the exclusive property of Producer: any information or materials that I may read, hear or otherwise acquire or learn in connection with or as a result of my participation in or in connection with the Program, including without limitation, any information or materials concerning or relating to Producer, the business of Producer, any program produced or exhibited by Producer, including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program contestants, the location(s) of the Program, the events contained in the Program, the outcome of any episode of the Program, and the contents of this application or any other agreement or document that I sign, have signed or receive from Producer at any time (collectively, the “Confidential Information”). I acknowledge and agree that my obligations with respect to confidentiality set forth in this application shall continue in perpetuity. In no event will I have the right to terminate my confidentiality obligations under this application. I acknowledge that in the event I breach the confidentiality or any other provisions of this application, my breach may, in the sole discretion of Producer result in my being disqualified to participate as a contestant in the Program. I further acknowledge that a breach by me of any of the confidentiality provisions of this application, eligibility requirements and release would cause Producer irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that Producer shall be entitled to injunctive and other equitable relief to prevent and cure any breach or threatened breach of any of the confidentiality provisions of this application by me.

5) RELEASE AND AGREEMENT NOT TO SUE. To the maximum extent permitted by law, I irrevocably and unconditionally release each of the Released Parties (as defined herein) from any and all liability arising out of my participation or appearance in or in connection with the Program, including, without limitation, the recording of my Likeness and the Materials, my participation in the contestant 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 the Released Parties for any reason based on any of the Released Claims hereunder. The term “Released Parties” shall mean and refer to Producer or any affiliate or station broadcasting the Program, any other licensees or assignees of the Program or the Materials, SCC, the other contestants in the Program, all other persons and entities connected with the Program, each of their respective parent, subsidiary, related and affiliated entities, and all of the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing.

6) ASSIGNMENT. 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.

7) CHOICE OF LAW. This application shall be interpreted under the internal, substantive laws of the State of Illinois, without regard to the conflicts of law provisions thereof.

8) MEDIATION AND ARBITRATION. In the event a dispute arises out of or in connection with this Agreement, and such dispute is not resolved by the Parties within 30 days, then any or all outstanding issues may be submitted to mediation in accordance with any applicable statutory rules of mediation.  If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the State of Illinois and in accordance with the following:  Such arbitration shall be resolved exclusively by arbitration in Illinois, in accordance with the rules of the American Arbitration Association.  Each Party shall pay its own legal fees and arbitration costs. Each Party shall choose one arbitrator and those two shall select a third. Awards shall be by two-thirds vote, and each such award shall be final and binding on the Parties. 

9) LIMITATION OF REMEDIES. 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 rescind this agreement or the rights granted hereunder, or to seek or obtain injunctive or any other equitable relief.

10) SEVERABILITY. The illegality, invalidity or unenforceability of any provision of this application shall in no way affect the validity or enforceability of any of the remainder of this application, which shall be enforced to the maximum extent permitted by law.

11) FURTHER DOCUMENTS. If I am selected by Producer to advance in the contestant selection process, I agree to execute and deliver to Producer its long-form Contestant Agreement and such other documents as Producer deems necessary or advisable regarding my proposed or actual participation.