APPEARANCE RELEASE FORM, ARBITRATION PROVISION AND VOLUNTARY PARTICIPATION AGREEMENT

APPEARANCE RELEASE FORM, ARBITRATION PROVISION AND VOLUNTARY PARTICIPATION AGREEMENT

THIS IS A LEGAL DOCUMENT AFFECTING YOUR RIGHTS AND RESPONSIBILITIES PLEASE READ IT CAREFULLY BEFORE SIGNING

  1. I understand that PPS’s Clients (“all Production Companies”) is producing (the “TV Programs”), and that Producer would like for me to voluntarily participate in the production of the Program and engage in all activities associated with my participation in the Program, including (without limitation) activities that may be hazardous (the “Activity”). In connection with my participation in the Activity, I hereby grant to Producer the right to take motion and still pictures of me and record my voice and any sounds made by me, and to obtain other information about me, including but not limited to my name, likeness, photograph, voice, dialogue, sounds, biographical information, personal characteristics and other personal identification (collectively, the “Footage and Materials”), and to use the Footage and Materials in and in connection with the development, production, distribution and exploitation of the Program and any other production, and in the advertisements, merchandising, publicity, and promotions for the Program and any other production and for any entity that may sponsor, advertise in or exhibit in any manner the Program, the Footage and Materials, or any other production (the “Advertisements”). The Footage and Materials, the Program, and the Advertisements may be exploited throughout the universe at any time, in perpetuity, in any and all media, now known and hereafter devised, without any monetary compensation to me whatsoever. The rights granted herein shall also include the right to edit, delete, dub and fictionalize the Footage and Materials, the Program, and the Advertisements as Producer sees fit in Producer’s sole discretion.
  2. I agree to participate in connection with the production of the Program and related materials as and to the extent requested by Producer on such dates and at such locations as Producer shall designate in its sole discretion, and which dates and locations Producer may change in its sole discretion. The Footage and Materials shall also include any and all material that I may create, write, provide or contribute to in connection with the Program at any time, including, without limitation, personal journals, photographs, webisodes, vlogs, blogs, video diaries, e-mails, text/picture messages, and promotional/advertising spots for the Program, the exhibitor of the Program, its advertisers and sponsors, and any of their respective products and services. PRIVATE PROTECTIVE SERVICES INC shall be the sole and exclusive owner of all rights (including, without limitation, copyrights) in and to the Footage and Materials. Any and all such Footage and Materials shall be deemed "works made for hire" specially ordered as part of a motion picture or other audio-visual work, and I waive the exercise of any “moral rights,” “droit moral,” and any analogous rights, however denominated, in any jurisdiction of the world, which I have. To the extent I retain any interest in the Footage and Materials, I hereby grant and assign to PRIVATE PROTECTIVE SERVICES INC all rights of any nature in and to all such Footage and Materials. Furthermore, the rights granted to PRIVATE PROTECTIVE SERVICES INC include any so-called “rental and lending” or similar rights and any and all allied, ancillary and subsidiary rights (including, without limitation, remake, sequel, theatrical, digital, television, radio, publishing, merchandising, soundtrack album and other similar rights) for any purpose, by and in any media whether now known or hereafter devised, throughout the universe, in perpetuity, as part of the Program or otherwise.
  3. I represent and warrant the following: (a) I am in good health and have no medical, physical, or emotional condition that might interfere with my engaging in the Activity; (b) I will not be under the influence of any medication or drugs that might impair my physical or mental ability to engage in the Activity or that might impair my judgment while engaging in the Activity; (c) I am not currently, and during one (1) year from today do not intend to be, a candidate for any public office; (d) my appearance in the Program is not a performance and is not employment and is not subject to any union or guild collective bargaining agreement, and does not entitle me to wages, salary, corporate benefits, unemployment or workers’ compensation benefits, or other compensation under any such collective bargaining agreement or otherwise; (e) I am not under any obligation to any television network, producer, or other party which would in any way prohibit or restrict me from participating in the Program as contemplated hereby or performing any of my obligations herein; (f) my participation in the Program and the use of the Footage and Materials by Producer or anyone else will not violate or infringe upon any rights of any third party and will not cause me to be in breach or violation of any agreements to which I am a party; (g) I am a legal resident of the United States; and (h) I will follow and obey all rules made by Producer in connection with the Program.
  4. I understand that I will not be paid for participating in the Activity, for appearing in the Program, in the Advertisements, and in the Footage and Materials, for giving Producer the rights listed in this Agreement, or for Producer’s exercise of any and all of the rights listed in this Agreement. I hereby waive any and all rights I may have to any compensation whatsoever. I acknowledge and agree that a significant element of the consideration I am receiving under this Agreement is the opportunity for publicity that I will receive if Producer includes the Footage and Materials in the Program or in the Advertisements. I know Producer will incur significant costs and expenses in reliance upon this Agreement and would suffer significant costs and expenses as a result of any discontinuation of my participation or inability to participate in the Program at any time after the execution of this Agreement, so I will not attempt to cancel it or to revoke any of the rights granted to Producer herein. I acknowledge that I am a volunteer and that I shall not be deemed to be an employee of Producer, nor shall I be entitled to the benefits provided by Producer to its employees. To the extent that I receive anything of value in connection with the Program, including but not limited to goods and services, I shall be responsible for all taxes and other obligations that are or may become due from me.
  5. Producer and Network shall have the right to record me using concealed cameras or other devices. Film, tape, audio, videotape, and other recordings of my actions and statements, and the actions and statements of the other participants in the Program, may be made using concealed or hidden cameras, and other devices located throughout the filming locations, including in areas in which a person under other circumstances might have a reasonable expectation of privacy. I consent to any such recordings made using concealed cameras or any other devices. I need not be given any further notice of the use of concealed or hidden cameras and other devices being used to record my actions and statements. In addition, I give my express, unconditional and irrevocable permission to Producer to fully exploit all materials made using any type of filming or recording equipment (including concealed cameras and other devices), irrespective of whether the making or exhibition of such materials might constitute a breach of any rights of privacy I otherwise might have in the absence of this express Agreement, and irrespective of whether such materials violate any rights I otherwise would hold or might hold in the future. (For the avoidance of doubt, all such materials shall constitute “Footage and Materials” as defined above.)
  6. CONFIDENTIALITY AND PUBLICITY. All publicity in connection with the Program is under the sole control of PRIVATE PROTECTIVE SERVICES INC and subject to the following terms and conditions of confidentiality and publicity:(a) Except as otherwise permitted by Network, I shall not disclose to any other participant or other third party at any time (i.e., prior to, during, or after the taping or exhibition of the Program), and shall keep in the strictest confidence, any information or materials concerning or relating to the Program, the Program participants, the location(s) of the Program, the events contained in the Program or the outcome of any event in the Program, that I read, hear or otherwise acquire or learn in connection with or as a result of my participation on the Program (collectively, the “Confidential Information”) unless and until such Confidential Information is specifically disclosed in the exhibition of the Program, if ever. I acknowledge and agree that the Confidential Information is confidential and the exclusive property of Producer or Network. At no time will I ever, directly or indirectly, divulge in any manner, or use or permit others to use, any of the Confidential Information, including without limitation, the terms and conditions of this Agreement. My obligations with respect to confidentiality as set forth in this paragraph shall continue in perpetuity or until terminated by Network in writing. In no event shall I have the right to terminate my confidentiality obligations under this Agreement.(b) Without limiting the foregoing, I agree that without the prior approval of Network in each instance, I shall not: (i) discuss the Program or my participation therein with any third party; (ii) use or render services in connection with any material that uses any names, logos, trade names or trademarks of Producer, Network or any related or affiliated entity of either of the foregoing (including the title of the Program); (iii) make public comment, create or disseminate (or render services in connection with) any content or material that (A) makes negative, derogatory or otherwise unfavorable statements about or otherwise denigrates or disparages any of the Released Parties (as defined in paragraph 20), or (B) parodies the Program or my participation therein; (iv) advertise or promote my participation in the Program (other than as requested by Producer or Network), or receive or generate any monetary advantage in connection with my participation in the Program; or (v) authorize anyone else to do any of the foregoing. Notwithstanding the foregoing, I may make incidental, non-derogatory mention of the Program only in my personal publicity (e.g., “I was on ‘Invitation Only’”) subject to paragraph 13(a); and provided however, that I shall not disclose publicly that I am participating in the Program or any new cycle thereof until after Network has announced or exhibited my appearance in the foregoing.(c) I acknowledge that any breach by me of any of the confidentiality and publicity provisions of this Agreement would cause Producer and Network irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law. I hereby expressly agree that Producer and Network shall be entitled to injunctive and other equitable relief (without posting any bond) to prevent or cure any breach or threatened breach of the confidentiality provisions of this Agreement by me. I also recognize that proof of damages suffered by Producer and Network in the event that I breach any of these confidentiality and publicity provisions will be costly, difficult, and inconvenient to ascertain. Accordingly, I agree to pay Producer and Network the sum of Five Hundred Thousand Dollars ($500,000) per breach plus disgorgement of any income that I may receive in connection with my breach as liquidated damages in the event that I breach any of the confidentiality provisions of this Agreement. I agree that Five Hundred Thousand Dollars ($500,000) plus disgorgement of any income that I may receive in connection with my breach is a reasonable estimate of the amount of damages that Producer and Network are each likely to suffer in the event that I breach any of these provisions, considering all of the circumstances existing as of the date of this Agreement. Furthermore, I will defend, indemnify and hold harmless Producer, Network, their parent, subsidiary and affiliated companies, and each of their respective officers, directors, agents, representatives and employees, from and against any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, attorneys’ fees) that in any way arise out of or result from my breach of any of the confidentiality and publicity provisions of this Agreement.
  7. I authorize Producer and Network to investigate, access and collect information about me and any of the statements made by me in this Agreement or otherwise in connection with my application (if any) to participate in the Program. I authorize Producer and Network to secure information from my current and former employers, associates, family members, educational institutions, government agencies, credit reporting agencies, and any references I have provided or that are developed by or for Producer or Network, and I authorize such parties to provide information concerning me. I unconditionally and irrevocably release and forever discharge all such parties and persons from any and all claims, actions, damages, liabilities and losses arising out of or in connection with such investigations. I specifically authorize investigation of my employment records, medical records, and government records (including, but not limited to, my motor vehicle records, criminal records, military records and credit and consumer reports). Any information obtained by Producer or Network may be used for (a) evaluation of my application to participate in the Program, (b) selecting participants in the Program, and (c) any other purposes. Without in any way limiting the foregoing, any such information may be used, broadcast, exhibited, distributed, advertised, publicized, promoted or otherwise exploited as part of the Program or otherwise. Furthermore, any such information may be disclosed to other participants in the Program and may be disclosed on-camera.
  8. In case of an emergency, I authorize Producer to arrange for or otherwise provide medical assistance to me as Producer may determine to be necessary, and to the maximum extent permitted by law, I understand and agree that any injury or health related matter I may suffer and any treatment I may receive is part of the Footage and Materials, and may be filmed and broadcast, exhibited, and otherwise exploited by Producer and Network as with all other Footage and Materials.
  9. In connection with my participation in the Program, I shall not infringe upon or violate the rights of any other person or entity, shall not cause or threaten to cause immediate or future injury or harm to any other person or any property, and shall abide by all applicable laws, rules, regulations, codes and ordinances. I understand that violating any such laws, rules, regulations, codes and ordinances may result in the reporting of such violations to applicable law enforcement entities and the imposition of criminal and civil penalties for which I will be solely responsible. I agree to refrain at all times from all forms of violence against and intimidation of, or immediate or future threats of injury or harm to any other person. I acknowledge and agree that Producer has the right, but not the obligation, at all times to enter into any part of any location in order to monitor or preserve order or the well-being or safety of participants or others. Further, I consent to Producer’s use of force to restrain me, if my behavior and actions create circumstances that, in the sole judgment of Producer, pose a threat of injury to myself or to anyone else; provided that I understand that Producer has no duty or obligation to restrain me or any other person. I knowingly and voluntarily accept all risks to my person or property arising from my interaction with participants in the Program (including, without limitation, from my choice to engage in any relationship with any other person or persons) before, during or after my participation in the Program.
  10. The Program may involve activities that are or may become hazardous and dangerous and that may expose me to risks of physical, emotional, and mental stress or injury whether or not I participate in the activities. I understand the risks of participating in such activities, and while conduct that gives rise to such situations might otherwise constitute an actionable tort or give rise to other claims or causes of action, I have freely consented to such conduct and have assumed the risks thereof. I further understand that Producer does not make any representations or warranties about other participants in the Program or of any other person whom I may encounter in connection with my participation in the Program, including but not limited to, the mental or physical health of any such person. PRODUCER HAS MADE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING MY QUALIFICATIONS, ABILITY OR FITNESS TO PARTICIPATE IN THE PROGRAM OR REGARDING OTHERS’ QUALIFICATIONS, ABILITIES OR FITNESS TO PARTICIPATE IN THE PROGRAM, AND THE WAIVERS, RELEASES AND INDEMNITIES CONTAINED IN THIS AGREEMENT AND ANY OTHER AGREEMENT THAT I HAVE EXECUTED OR MAY EXECUTE IN THE FUTURE RELATED TO THE PROGRAM EXPRESSLY APPLY TO MY PARTICIPATION IN OR PRESENCE AROUND ANY SUCH ACTIVITIES OR PERSONS.
  11. Producer, directly or through others, may provide various services and equipment in connection with the Program. No one has made any warranties whatsoever with respect to any such equipment and services (including, but not limited to, qualifications, certifications or expertise of any individual providing such services), and there are no warranties of any kind from anyone regarding fitness or suitability for use of any such equipment and services for any purpose in connection with the Program. I waive any right I otherwise might have to warnings or instructions regarding any aspect of the Program or any equipment or services utilized in connection with the Program.
  12. The foregoing is not an exhaustive list of the risks, hazards and dangers to which I may be exposed as a result of my participation in the Program. I accept and assume any and all risks, hazards and dangers regardless of whether they are detailed in this Agreement, and the waivers, releases and indemnities that I have executed or may execute apply to all such risks, hazards and dangers.
  13. RELEASE, AGREEMENT NOT TO SUE AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ON BEHALF OF MYSELF AND MY HEIRS, NEXT OF KIN, SPOUSES, GUARDIANS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, LICENSEES AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), I HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGE EACH OF THE RELEASED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS, ACTIONS, COMPLAINTS, DAMAGES, DEMANDS, ALLEGATIONS, SUITS, LIABILITIES, LOSSES, LIENS, COSTS,EXPENSES AND INJURIES OF ANY KIND WHATSOEVER, (COLLECTIVELY, “CLAIMS”) (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS AND EXPERT WITNESS FEES) DIRECTLY OR INDIRECTLY CAUSED BY, ARISING OUT OF, RESULTING FROM, OR RELATING TO, THE PROGRAM (INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION THEREIN AND THE DEVELOPMENT, PRODUCTION, DISTRIBUTION OR EXPLOITATION THEREOF), THE ACTIVITIES AND LOCATIONS, FOOTAGE AND MATERIALS, OR THE EXERCISE OF ANY RIGHTS GRANTED HEREIN, ON ANY LEGAL OR EQUITABLE THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, RIGHTS OF PRIVACY AND PUBLICITY, DEFAMATION, FALSE LIGHT, INFLICTION OF EMOTIONAL DISTRESS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT) (COLLECTIVELY, THE “RELEASED CLAIMS”). TO THE MAXIMUM EXTENT PERMITTED BY LAW, I SHALL NOT SUE, INSTITUTE ANY OTHER PROCEEDINGS OR MAKE ANY CLAIM, AGAINST ANY OF THE RELEASED PARTIES ON THE BASIS OF ANY OF THE RELEASED CLAIMS. As used herein, the term “Released Parties” shall mean and refer to Producer, Network, all entities and platforms of NBCUniversal Media, LLC, any other licensees or assignees of the Program or the Footage and Materials, all other persons and entities participating in connection with the Program or otherwise connected to the Program, all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, the respective directors, officers, principals, executives, on-air talent, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing, and the respective heirs, next of kin, spouses, guardians, representatives, executors, administrators, successors, licensees and assigns of each of the foregoing. I will defend, indemnify and hold the Released Parties harmless from any and all such claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action, as well as all those that in any way are caused by, arise out of or result from any breach or alleged breach by me of any of the representations or warranties made by me in this Agreement.
  14. TO THE MAXIMUM EXTENT PERMITTED BY LAW, I WAIVE ANY AND ALL RIGHTS I MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND EVERY LIKE PROVISION IN ANY FOREIGN JURISDICTION. SECTION 1542 PROVIDES AS FOLLOWS:A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
  15. MEDIATION & ARBITRATION. WHERE A CONTROVERSY, DISPUTE OR CLAIM ARISES BETWEEN ME, ON THE ONE HAND, AND ONE OR MORE OF THE RELEASED PARTIES, ON THE OTHER HAND, IN CONNECTION WITH MY PARTICIPATION IN THE PROGRAM (INCLUDING, WITHOUT LIMITATION, THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO MEDIATE AND ARBITRATE) (EACH A “DISPUTE”) THAT CANNOT BE RESOLVED THROUGH DIRECT COMMUNICATIONS BETWEEN THE PARTIES TO SUCH DISPUTE, THEN SUBJECT TO THE REMAINDER OF THIS PARAGRAPH, SUCH DISPUTE SHALL BE RESOLVED BY WAY OF CONFIDENTIAL MEDIATION AND/OR ARBITRATION PURSUANT TO THE PROCEDURES OF JAMS AND ADMINISTERED BY JAMS OR ITS SUCCESSOR (“JAMS”) IN ACCORDANCE WITH THE COMPREHENSIVE RULES AND PROCEDURES, INCLUDING THE OPTIONAL APPEAL PROCEDURE, OF JAMS OR ANY SUBSEQUENT VERSIONS OF THE FOREGOING (COLLECTIVELY, “JAMS RULES”), INCLUDING, WITHOUT LIMITATION THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES, AS EACH OF THE FOREGOING ARE MODIFIED BY THIS AGREEMENT. THE JAMS RULES ARE AVAILABLE AT WWW.JAMSADR.COM. THE PARTIES TO ANY DISPUTE SHALL FIRST ENDEAVOR TO RESOLVE EACH DISPUTE THROUGH MEDIATION ADMINISTERED BY JAMS BEFORE COMMENCING ANY ARBITRATION. MEDIATION AND ARBITRATION SHALL BE CONDUCTED IN LOS ANGELES COUNTY. THE JAMS RULES FOR SELECTION OF MEDIATORS AND ARBITRATORS SHALL BE FOLLOWED, EXCEPT THAT THE MEDIATOR OR ARBITRATOR SHALL BE (i) AN EXPERIENCED MEDIATOR OR ARBITRATOR (AS APPLICABLE), WHO IS EXPERIENCED IN THE ENTERTAINMENT INDUSTRY, AND LICENSED TO PRACTICE LAW IN CALIFORNIA, OR (ii) A RETIRED JUDGE. ANY APPELLATE PANEL SHALL CONSIST OF THREE NEUTRAL MEMBERS WHICH MEET THE FOREGOING REQUIREMENTS. UPON THE CONCLUSION OF ANY ARBITRATION PROCEEDINGS, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS AND REASONS FOR ANY DECISION REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE DISPUTE ALONG WITH A SIGNED COPY OF THE AWARD IN ACCORDANCE WITH SECTION 1283.6 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. ANY ARBITRATION AWARD WITH RESPECT TO A DISPUTE SHALL BE FINAL AND BINDING UPON THE PARTIES TO SUCH DISPUTE. THE PARTIES AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBJECT TO THE REMAINDER OF THIS PARAGRAPH, THE DAMAGES RECOVERABLE BY THE PARTIES TO ANY DISPUTE SHALL BE LIMITED TO ACTUAL DAMAGES, AND SUCH PARTIES WAIVE THE RIGHT TO SEEK, AND SHALL IN NO EVENT BE LIABLE FOR, PUNITIVE OR EXEMPLARY DAMAGES. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO GRANT ANY REMEDIES THE PARTIES TO ANY DISPUTE HAVE WAIVED HEREIN. FURTHER, I AGREE THAT GIVEN THE UNIQUE NATURE OF THE ENTERTAINMENT INDUSTRY, AND THE IRREPARABLE DAMAGE TO PRODUCER, NETWORK AND THEIR LICENSEES THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION OF ANY PROGRAM PRODUCED HEREUNDER, I MAY NOT SEEK OR OBTAIN ANY INJUNCTIVE RELIEF THAT WOULD PREVENT ANY SUCH PARTIES FROM EXHIBITING, MARKETING, OR OTHERWISE EXPLOITING ANY PROGRAM PRODUCED HEREUNDER, OR OTHERWISE GRANTING ANY THIRD PARTY THE RIGHT TO DO ANY OF THE FOREGOING. NOTWITHSTANDING THE FOREGOING, I RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELIES UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY BREACH OF MY CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS AGREEMENT OR ANY INFRINGEMENT BY ME OF PRODUCER’S OR NETWORK’S INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER AND NETWORK IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONETARY DAMAGES IN AN ACTION AT LAW. ACCORDINGLY, NOTWITHSTANDING ANYTHING CONTAINED HEREIN, I AGREE THAT PRODUCER AND NETWORK SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH ACTUAL OR ANTICIPATED BREACH OR INFRINGEMENT.

    NOTWITHSTANDING ANYTHING HEREIN, TO THE EXTENT REQUIRED BY LAW, THE PARTIES TO A DISPUTE AGREE THAT WITH RESPECT TO THE ARBITRATION OF ANY FEDERAL OR STATE CLAIM I BRING THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NONSTATUTORY, THE FOLLOWING SHALL APPLY: THE ARBITRATOR MAY AWARD ANY REMEDY THAT WOULD HAVE BEEN AVAILABLE IN COURT; AND THE PARTIES TO THE DISPUTE SHALL BE PERMITTED DISCOVERY ADEQUATE TO SECURE THE NECESSARY INFORMATION TO PRESENT SUCH CLAIM OR DEFEND AGAINST SUCH CLAIM; AND PRODUCER SHALL PAY ALL TYPES OF COSTS THAT ARE UNIQUE TO ARBITRATION. TO THE EXTENT PERMITTED BY LAW (a) EACH PARTY TO A DISPUTE SHALL BE RESPONSIBLE FOR ITS OWN ATTORNEYS’ FEES AND COSTS, AND (b) EXCEPT AS PROVIDED HEREIN, THE PREVAILING PARTY SHALL NOT BE ENTITLED TO ANY AWARD OF ANY SUCH FEES OR COSTS FROM THE OTHER PARTY. IF ANY PORTION OF THE DISPUTE RESOLUTION MECHANISM SET FORTH IN THIS PARAGRAPH 22 IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THAT PORTION SHALL BE SEVERED FROM THE REST AND SHALL NOT AFFECT THIS AGREEMENT TO RESOLVE ALL DISPUTES THROUGH MEDIATION AND ARBITRATION.

  16. Governing Law. This Agreement shall be construed and enforced in accordance with the internal, substantive law of the State of California, applicable to contracts negotiated, executed, and fully performed within that State, regardless of where negotiation, execution and performance of this Agreement may actually occur and without regard to that state’s conflict of laws provisions. To the extent that the arbitration provisions of this Agreement are not enforced or court proceedings are otherwise required, commenced or maintained, the parties submit to the in personam jurisdiction of the Superior Court of the State of California for County of Los Angeles and the United States District Court for the Central District of California. The exclusive venue of any court proceedings shall be the appropriate state and federal courts in the State of California. The parties hereto waive any and all objections that they may have as to jurisdiction or venue in any of the above-referenced courts. I agree that service by Registered Mail within or outside the State of California shall constitute effective personal service on me for jurisdictional and appearance purposes.
  17. As used herein, “Producer” shall include Producer, PRIVATE PROTECTIVE SERVICES INC, all licensees, successors and assigns, and each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, shareholders, employees, agents, representatives, successors, licensees and assigns. Network is an express intended third party beneficiary of this Agreement, with full standing to enforce each, every, any and all of its provisions as if it was an express party thereto. I agree that Producer may license, assign, and otherwise transfer this Agreement and all rights granted by me to Producer under this Agreement to any person or entity.
  18. This is the complete and binding agreement between PRIVATE PROTECTIVE SERVICES INC and me, and it supersedes all prior understandings and communications, both oral and written, with respect to its subject matter. The illegality, invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement, which shall be enforced to the maximum extent permitted by law. This Agreement cannot be terminated, rescinded or amended, except by a written agreement signed by both Producer and me. I shall execute such documents, and do such other acts and deeds as may be requested by Producer, Network or any licensee, successor or assign, to (a) evidence, effectuate or protect any of the rights granted to Producer and Network hereunder, or (b) evidence or support any of the representations or warranties made by me. This Agreement may be executed by original, facsimile or electronic signature. Any signed copy of this Agreement delivered by facsimile or electronic transmission shall for all purposes be treated as if it had been delivered containing my original signature, and shall be binding upon me in the same manner as though an original signed copy had been delivered.I HAVE HAD AMPLE OPPORTUNITY TO READ, AND HAVE IN FACT READ, THIS ENTIRE AGREEMENT. I HAVE ALSO HAD AN OPPORTUNITY TO REVIEW IT WITH AN ATTORNEY OF MY CHOICE SHOULD I ELECT TO DO SO. I FULLY UNDERSTAND ALL OF MY RIGHTS, OBLIGATIONS, PROMISES AND AGREEMENTS. IN PARTICULAR, I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, MY RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT.