HALLOWEEN & HOLIDAY BAKESHOP

BAKESHOP SEASON 2 ONLINE AGREEMENT AND RELEASE
(THE “ONLINE AGREEMENT”)

As an inducement to NR-HBS2 Productions Inc. (the “Producer”) to consider me as a participant in the first season of the television program currently entitled “Bakeshop” (the “Program”), I have completed and submitted the Online Application. In addition to the Online Application, this Online Agreement contains the terms and conditions regarding my potential participation as a participant (“Participant”) in the Program (the Online Application and the Online Agreement together, the “Application”). I, on behalf of myself and all of my heirs, administrators and executors, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby agree as follows:

1. ELIGIBILITY.

(a) To be eligible to be considered a Participant in the Program and any competition in the Program, I confirm that I:

(i) am of the age of majority or older in my province/territory/state of residence at the time I submit this Application and I may be required to provide proof of my age and residency;

(ii) am of sound mind and in good health;

(iii) agree to be the subject of any civil, criminal, financial and/or any other types of background checks deemed necessary by the Producer and authorize Producer to request any such background checks on me. I further acknowledge that my participation in the Program shall be conditional on the receipt by Producer of satisfactory background checks. If I participate in the Program prior to the results of such background check based on my assurance that I have never been convicted of a criminal offence, that I am not on probation for a felony, that I do not have a restraining order against me and/or that I do not have an outstanding warrant of any kind issued against me, and Producer later determines that I gave inaccurate information, Producer shall be entitled to immediately remove me as a participant in the Program. If the results of any background check(s) is/are unsatisfactory to Producer, in its sole discretion, Producer shall be entitled to immediately remove me as a participant in the Program;

(iv) am the sole owner of all right, title and interest (including copyright and all underlying rights therein) in and to any photos and/or videos (“Submitted Content”) submitted/uploaded in the Application;

(v) am not a member of any performers union or guild;

(vi) confirm that I am not an employee of the Producer, the Program sponsors, the lead broadcaster (Corus Media Holdings Inc.) and each of their respective affiliates, subsidiaries, related companies, advertising and promotional agencies, household members and immediate family (spouses, parents, siblings and children, regardless of where they reside) of any of the above. I understand that these individuals are NOT eligible for consideration to participate in the Program.

2. APPLICATION RECORDING & SUBMITTED CONTENT

(a) I grant irrevocably to Producer and its parent, subsidiary, affiliated and related companies assigns and licensees (individually and collectively, the “Producer”), throughout the universe in perpetuity:
(i) the right to tape, photograph and/or film me, and to record my voice, conversation and sounds in any in-person or video interview (the “Application Recording”), of which Producer will be the sole and exclusive owner;
(ii) the sub-licensable right (but not the obligation) to exploit, exhibit, reproduce, distribute, display and otherwise use, in whole or in part: (i) the Application Recording; and (ii) any Submitted Content; and
(iii) the right to use my name, likeness and biographic information (together, the Likeness”),
in connection with the production, distribution, exploitation, advertising and publicity of the Program (including, without limitation, promotional films, electronic press kits and so called “making of”, "behind-the-scenes" or “outtake” programs and interviews and other bonus DVD materials) and in the exercise of all subsidiary, ancillary and related rights therein, in any manner and media whatsoever, whether now known or hereafter devised, worldwide, in all languages and in perpetuity, provided that in no event shall my Application Recording, Submitted Content or Likeness be used in the form of an endorsement of any product or service in the Program without my prior approval.
(b) I represent and warrant that the Submitted Content: (i) contains images of only me (if any person appears in either the photos or videos); (ii) do not contain any material, language or gesture that is libelous, defamatory, indecent, profane, obscene or violent; (iii) do not contain any sexual references and/or content; (iv) are original and that I own or control, to the full extent necessary for Producer to use my Submitted Content, all right, title, and interest (including copyright and all underlying rights therein) in my Submitted Content; (v) do not infringe upon the intellectual property or other statutory or common law rights of any third party; (vi) do not contain any recognizable logos or any other copyrighted material (including on the clothing I am wearing in the Submitted Content); (vii) do not contain any mention, endorsement, or “plug” any commercial product, service, venture or thing, including, without limitation, the name of my employer; and (viii) has not been submitted in connection with any other production and/or promotional campaign.
(c) I hereby release and forever discharge Producer, Nikki Ray Media Agency Inc., Corus Media Holdings Inc. and each of their respective parent, subsidiary, affiliated and related companies, assigns and licensees, each of their respective directors, officers, employees, agents, suppliers and contractors, and each of their respective heirs, executors, administrators, personal representatives, successors in interest and title and assigns (collectively, the “Released Parties”), of and from any and all actions, causes of actions, obligations, liabilities, claims, complaints, and demands of every nature or kind which I may hereafter have (including, without limitation, defamation, libel, slander or invasion of privacy or appropriation of personality and any statutory entitlements) arising from this Online Agreement, and/or the rights granted by me under this Online Agreement. I acknowledge that I am not entitled to enjoin, restrain or interfere with the production, distribution and exploitation, or advertising and publicity of the Program.

3. PARTICIPANT SELECTION & ADDITIONAL DOCUMENTS

(a) I understand and agree that:

(i) I will only be contacted/notified by the Producer if I am being considered as a potential Participant and if the Producer selects me as a potential Participant, I must complete and return any documents that may be furnished to me by the Producer including, but not limited to, confidentiality agreement(s), questionnaires and/or requests for additional information as required by the Producer, within the timeline prescribed by the Producer;

(ii) the Producer is not responsible, for any reason whatsoever, for my failure to receive notification;

(iii) the Producer reserves the right to conduct any civil, criminal, financial and/or any other type of background check on me and reserves the right, in its sole discretion, to disqualify me based on such background check.; and

(iv) in order to be confirmed as a Participant, I MUST: (1) be available for all days required by Producer in respect of the episode in which I will be participating; and (2) return an executed Participant release form, which will set forth the terms and conditions of my participation on the Program, to the Producer on such date as requested and required by Producer. If I fail to return the executed Participant release form before the prescribed deadline, the Producer (at its sole discretion) may disqualify me and select another participant; and
(v) if I am confirmed as a Participant, I understand that I may be participating in a production environment that is affected by a “Public Health Emergency”, which shall mean any widespread contagious disease, illness or other health outbreak of a local, national or global level that includes, but is not limited to, COVID-19 and/or any other disease or illness caused by a coronavirus. In the event of a “Public Health Emergency” during production of the Program, a condition of my participation will be to adhere to any health and safety guidelines, protocols and policies of Producer in accordance with federal, provincial and local governments and each of their applicable health authorities in respect of the health and safety of persons engaged in the audio/visual production industry (the “COVID-19 Protocols”).

(b) If I am confirmed to be a Participant, I will receive:

(i) Round-trip economy airfare from a major Canadian or US airport located near my home, to an airport located near the Program filming location, as determined by the Producer in its sole discretion;

(ii) Ground transportation between the airport and hotel/accommodations and between the accommodations and the Program filming location; and

(iii) Hotel/accommodation while filming, as selected by the Producer in its sole discretion.

(c) I will be responsible for transportation to and from the originating airport, travel and medical insurance, travel documentation, and any other expense not explicitly mentioned in this Online Agreement.

4. USE OF SUBMITTED CONTENT

(a) I retain all right, title and interest (including copyright) in and to the Submitted Content I submit to the Producer in connection with the Application.
(b) I hereby grant to the Producer a worldwide, royalty-free, sub-licensable, irrevocable, and non-exclusive license to use, copy, modify, reproduce, display, adapt, promote, exhibit, serve, broadcast, transmit and otherwise exploit my Submitted Content in any manner and media whatsoever, whether now known or hereafter devised, worldwide, in all languages and in perpetuity, beginning on the date of submission, including, but not limited to, in connection with the administration, promotion and exploitation of the Application and/or the Program and in the exercise of all subsidiary, ancillary and related rights therein.
(c) By submitting a Submitted Content, I agree it may be made available for the public to view and may be posted to public viewing platforms related to the Program and/or other Producer or broadcaster owned/operated online properties/platforms. Such posts may, in the Producer’ sole discretion, include my name and province/state and/or city of residence. The Producer shall not be held liable for any copying, re-posting or unlawful use of my Submitted Content by others that may result.
(d) I hereby waive any so-called “moral rights” and any right of privacy or personality which I may have in and to the Submitted Content in any and all forms of media whether now known or hereafter devised with no further consideration payable to me.
(e) The Producer assumes no responsibility for any claims of infringement of rights to intellectual property, privacy and/or personality, related to my Submitted Content and/or participation with respect to the Program.

5. PRIVACY / USE OF PERSONAL INFORMATION.

(a) By submitting the Submitted Content, I: (i) grant to the Producer the right to use my Submitted Content, name, mailing address, telephone number, e-mail address and all information included on my Online Application and/or in my Submitted Content (collectively the “Personal Information”) for the purpose of administering the Application, including but not limited to contacting and confirming me as a Participants; (ii) authorize the Producer to conduct civil, criminal, financial and/or any other type of background check deemed necessary by the Producer; (iii) grant to the Producer the right to use certain elements of my Personal Information as appropriate, (including without limitation, my Submitted Content, name, city and/or province/state included on the Online Application) for publicity and promotional purposes relating to the Application and/or the Program, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iv) acknowledge that the Producer may disclose my Personal Information to third-party agents and service providers of the Producer, in connection with any of the activities listed in (i), (ii) and (iii) above.

(b) The Producer will use my Personal Information only for identified purposes, and protect my Personal Information in a manner that is consistent with Corus’s Privacy Policy at: https://www.corusent.com/privacy-policy/

6. TERMINATION. I understand and agree that the Producer reserves the right, in its sole discretion, to terminate the Application, in whole or in part, and/or modify, amend or suspend the Application in any way, at any time, for any reason without prior notice.

7. SOCIAL MEDIA. I understand this Application is in no way sponsored, endorsed, administered or associated with any social media platforms on which the Application may have been promoted and/or publicized.

8. NO OBLIGATION. I understand and agree that the Producer has no obligation to produce, release or televise the Program or to use any aspect of the materials created and/or submitted in connection with the Application and/or the Program (collectively the “Materials”). For greater clarity, the Producer is not obligated to post my Submitted Content to any public viewing galleries/platforms or use my Submitted Content in any other way or have me appear in the Program. The Producer shall have the right at any and all times and in its sole discretion to remove or replace me as a Participant in connection with the Application for any reason or no reason. Even if I am selected, and even if I participate as a Participant in the Program or any part thereof, the Producer is not obligated to exhibit, broadcast or otherwise use or exploit the Materials, the Program or any part of either. Furthermore, the Producer may exhibit the Program with or without the Materials or any portion thereof, as determined by the Producer in its sole discretion. I understand and agree that the total amount of air time, if any, featuring or including me as a Participant shall be determined by the Producer in its sole discretion.

BY SUBMITTING THE ONLINE APPLICATION AND CLICKING “I ACCEPT”, I ACKNOWLEDGE AND AGREE THAT I HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE WITH RESPECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS ONLINE AGREEMENT AND THAT I FULLY UNDERSTAND THEM. I CONFIRM THAT I AM SUBMITTING THE APPLICATION FREELY, VOLUNTARILY AND WITHOUT DURESS AND THAT I AM NOT RELYING ON ANY REPRESENTATION (WRITTEN OR ORAL, EXPRESS OR IMPLIED) BY PRODUCER NOT CONTAINED HEREIN. *

I accept