I acknowledge that everything stated in this application is true. I understand that any falsely submitted answers can and will be grounds for removal from the casting process and from my subsequent participation in the pilot or final series. Whether or not I am selected to be an on-camera participant in the television series presently (working title) Project Miami (the “Project”), I acknowledge and understand that I may be taped and otherwise recorded during the interview and application process, and that Popular Productions may use such recordings, and my name, voice and likeness, in any manner and for any purposes (including the Project and in any related or derivative versions and/or uses of the Project) in all media now known or hereafter devised throughout the world in perpetuity for no compensation. I further acknowledge and accept that this application form and any other materials (including, but not limited to, any photographs, videotapes, etc.) that I have submitted or will submit to Popular Productions, Inc. (“Popular Productions”) will become the property of Popular Productions and will not be returned. By signing below, I hereby grant Popular Productions, Inc. and POPULAR PRODUCTIONS, INC. the right to use my name, voice and likeness and any biographical information contained in this application, my home video, taped interview and any other materials submitted by me in any manner and for any purpose in all media now known or hereafter devised throughout the world in perpetuity without any compensation to me. Such rights shall include, without limitation, the right to record, use, publicize, distribute and otherwise exploit my home video tape or taped interview, voice, actions, likeness, biographical information and appearance and any other material submitted by me in any manner and for any purpose (including, without limitation, in connection with Popular Productions, Inc. and POPULAR PRODUCTIONS, INC.).
Confidentiality and Non-Disclosure
Any and all information disclosed to or obtained by Recipient and/or Recipient's representatives, and/or agents (each a "Related Party" and collectively the "Related Parties") concerning or relating to (working title) Project Miami ( “the Program”), including but not limited to the premise and concept of the Program, the nature of certain events in the Program, the outcome of the Program, and other elements relating to casting, pre-production, production and post-production of the Program (collectively, the "Confidential Information"), shall be strictly confidential, and Recipient hereby agrees not to disclose, and to cause each of the Related Parties (if any) not to disclose, any such Confidential Information to any individual or entity until six months following the initial U.S. broadcast of the final episode of the Program (the "Non-Disclosure Period"); provided that Recipient and/or Related Party(ies) may disclose Confidential Information only to the extent that Producer has granted its prior, specific, express written approval of the content, timing, means, manner and recipient(s) of such Confidential Information (and the specific Related Party(ies), if applicable). Recipient acknowledges and agrees that any disclosure of such Confidential Information by Recipient or any Related Party in violation of this Agreement shall constitute a material breach of this Agreement and shall cause Producer and POPULAR PRODUCTIONS, INC. irreparable injury. Recipient further agrees that in the event of any disclosure by Recipient or any Related Party in violation of this Agreement, Recipient shall be liable to Producer and POPULAR PRODUCTIONS, INC. and shall pay to Producer and POPULAR PRODUCTIONS, INC., as liquidated damages, and not as a penalty, the sum equal to the greater of Three Million United States Dollars (US $3,000,000.00) or the amount of money you will earn for supplying your goods and/or services in connection with the Program, which amount represents the result of a reasonable endeavor by Producer, POPULAR PRODUCTIONS, INC. and Recipient to ascertain the fair average compensation for any harm that Producer and POPULAR PRODUCTIONS, INC. will sustain as the result of such disclosure. Recipient expressly agrees that this liquidated damages amount represents reasonable compensation for the harm which will be incurred by Producer and POPULAR PRODUCTIONS, INC. as a result of such disclosure, that this liquidated damages provision is necessary because Producer and POPULAR PRODUCTIONS, INC. will in fact suffer significant damages as a result of violation of this Agreement, and that the amount of those damages is impracticable to calculate or ascertain with certainty or specificity. In addition, Recipient agrees that in the event of such disclosure in violation of this Agreement, Producer and/or POPULAR PRODUCTIONS, INC. shall have the right to seek, among other things, (a) injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this Agreement by Recipient or any Related Party, (b) recovery or disgorgement of the monies or other consideration received in connection with such disclosure, if any, and (c) recovery of Producer's and/or POPULAR PRODUCTIONS, INC. attorneys' fees incurred to enforce this Agreement.