"STUPID PET TRICKS"
APPEARANCE RELEASE & ASSUMPTION OF RISK AND RELEASE FROM LIABILITY
Whereas I, ___________________________________________________________________, wish to audition for Worldwide Pants Incorporated ("WPI") (including without limitation performing certain acts, exhibitions and/or tricks with my pet(s) or other animal(s)) (the "Audition") on or about _________________________________, 2006 in connection with my possible selection, at WPI's sole discretion, to appear and perform in a segment of "Stupid Pet Tricks" on an upcoming episode of "Late Show With David Letterman" (the "Performance").
In consideration of WPI's agreement to hold the Audition for me and my possible selection for the Performance, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, I hereby:
1. Represent and warrant that: (a) I am 18 years of age or older; (b) I own and/or control the pet(s) and any other animal(s) involved in my Audition and/or Performance (the "Pet(s)"), I will be in full control and restraint of such Pet(s) at all times, and I have the full right, power and authority to involve and utilize such Pet(s) in the Audition and the Performance have obtained any and all required third party permissions and consents; (c) such Pet(s) are not diseased, aggressive, violent or otherwise dangerous to other persons or animals; (d) I am not a member of AFTRA or any other guild, union or collective bargaining agreement ("Guild") which may be applicable to, or have jurisdiction over, my Audition or Performance, and am not entitled to, and will not receive, any compensation in connection with the Audition; and (e) the Audition, Performance and my acts and omissions will not violate any applicable law or regulation;
2. Whether or not I am selected for the Performance, irrevocably: (a) consent to WPI's photographing, filming, taping and/or otherwise recording the Audition and my and the Pet(s)' name, likeness, physical movements, voice and other sound effects (collectively, "Name, Etc."), which photographs, films, tapes and other recordings (collectively, "Audition Recordings") shall be the sole and absolute property of WPI for any and all purposes whatsoever in perpetuity; and (b) grant to WPI, its licensees, successors and assigns the exclusive right to reproduce, exhibit, perform, display, use and otherwise exploit the Audition Recordings and my and the Pet(s)' Name, Etc., in whole or in part, in and in connection with "Late Show With David Letterman" and the advertising, exhibition, promotion, publicity and any other exploitation thereof, in any and all languages, formats and media now known or hereafter devised, in perpetuity, for no compensation. Notwithstanding the foregoing, if WPI determines, in its sole discretion, that my Audition or any rights herein granted are subject to the jurisdiction of any Union, I will enter into any agreement(s) with WPI or its designee which WPI determines is required in connection therewith, and agree that I shall receive and be entitled only to the applicable minimum compensation (if any) required by such Union. I further agree to execute WPI's standard appearance release(s) in connection with the Performance (if applicable) as well as any other documents in order to effectuate this agreement and the grant of rights herein;
3. Fully understand that the Audition and Performance may be hazardous activities and that certain risks are inherent, including but not limited to a significant risk of sprains, cuts, bruises, burns, scrapes and broken bones; bites, scratches, mauling and other injuries to myself or my Pet(s) from or due to other animals; and/or other serious and/or catastrophic injury or death to myself, my Pet(s) or other persons or animals and damage to my or other's property; and I fully accept and assume these risks and all such injury or damage; and
4. Forever release and irrevocably discharge WPI, Worldwide Trousers Incorporated, CBS Broadcasting, Inc., each of their successors, assigns, licensees and parent, subsidiary, affiliated and related companies and entities, and each of the foregoing's respective officers, directors, shareholders, employees, agents and representatives, and any other entities or persons deriving rights from them (the "Releasees"), from and against any and all claims, liabilities, demands, actions, costs and expenses (including attorneys' fees), whatsoever, at law or in equity, known or unknown, anticipated or unanticipated, suspected or unsuspected ("Claims"), which I or my heirs, executors, administrators, successors and/or assigns ever had, now have, or may, shall, or hereafter have by reason of the Audition and/or the Performance, including, without limitation, for or on account of any injury to and/or illness or death of myself, the Pet(s) or any other party, and/or for or on account of any loss or damage to any personal property, animals or effects owned by me or any other party. I agree that I will not assert or maintain any Claims against the Releasees, and will indemnify, defend and hold the Releasees harmless from and against any Claims of or from Releasees or third parties arising out of the Audition and/or the Performance. I hereby specifically waive the provisions of California Civil Code Section 1542 and any similar provisions and/or principals under the laws of California, New York or any other applicable jurisdictions. Section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing his settlement with the debtor."
AGREED TO AND ACCEPTED:
(sign name) ________________________________
(print address & telephone)____________________