APPLICATION TERMS, CONDITIONS & RELEASE

I am applying to be a participant in a currently untitled home renovation television series being developed by McGillivray Entertainment Inc. ("Producer"), through being developed by McGillivray Entertainment Inc. (“Producer”), through an online application process (the “Application”). By submitting my Application, I represent that I have read, understood and agreed to comply with the terms of the Application and these Application Terms, Conditions & Release (collectively, the “Agreement”) and acknowledge that I am giving up certain legal rights.

As an inducement to Producer, its parents, affiliates and subsidiaries, for considering me as a participant in Program, I represent, warrant and agree as follows:

1. If I am submitting the Application on behalf of a co-applicant as well as myself:

a. I represent and warrant that I have the full authority to submit the Application and enter into this Agreement on behalf of my co-applicant and to bind my co-applicant to the Application and this Agreement; and

b. I confirm that any references to me in this Agreement will be deemed to include my co-applicant.

2. I have answered all questions honestly and to the best of my ability. If I have provided any false or misleading information in this Application, Producer will be entitled to disqualify me from the participant selection process and/or the Program.

3. I understand and acknowledge that although the Producer reviews all Applications, the Producer will be unable to reply to all applicants individually. I understand that I will only hear from the Producer if I am being considered for the Program. I acknowledge and agree that:

a. even if I meet the Program eligibility requirements, Producer is not obligated to interview me and/or select me as a participant;

b. even if I am selected to participate, Producer has no obligation to produce the Program nor does any broadcaster(s) with whom Producer has an agreement (the “Broadcaster(s)”) have any obligation to broadcast the Program even if produced.

c. the participant selection process will involve subjective decisions made by Producer in its sole discretion, subject only to the approval of the Broadcaster(s);

d. that submission of the Application and compliance with the eligibility requirements does not in any way constitute an offer to appear on the Program nor does it guarantee that I will receive the chance to participate in the Program. The Producer may (but may not) invite me to attend an audition at Producer’s sole discretion. Producer's decision regarding selection of applicants for the Program is final and absolute and not subject to inquiry or challenge; and

e. Producer reserves the right to amend, suspend or terminate the casting process or modify the eligibility requirements at any time in its sole discretion.

4. I confirm that I am not an employee, officer, director or agent of Producer, any known sponsor of the Program and/or any of their respective affiliated or related companies, licensees, or assigns, or members of the immediate family or members of the same households (whether related or not) of such employees, officers, directors or agents. I agree that if Producer determines, in its sole discretion, that I am sufficiently connected with the Program (including by a connection to any Program sponsor or advertiser), such that my participation in the Program could result in or create the appearance of impropriety, Producer may decide I am ineligible to participate in the Program.

5. I have read and fully understand and meet the eligibility requirements to be a participant on the Program. I understand, and represent and warrant that I meet, and will comply with, the eligibility requirements listed in the Application and with Producer’s instructions with respect to being considered as a participant in the Program.

6. I understand that I am being asked to submit photographs, video submissions and/or written materials (collectively, the “Materials”) as part of the Application, participant selection process, and/or the Program. I confirm that Producer will not be obligated to return any or all Materials, whether or not I am selected to participate in the Program.

7. I acknowledge that Producer assumes no responsibility for any claims of infringement of rights to intellectual property, privacy and/or personality, related to the Materials or my participation in the Program.

8. I understand that I will not be paid any money for submitting the Application, for participating in the participant selection process or for granting Producer the rights and benefits granted in the Application and this Agreement, and that Producer’s consideration of me as a potential participant in the Program is sufficient consideration.

9. I will take any further action or sign any further documents (including, without limitation, confidentiality or non-disclosure agreements, property releases, contributor agreements, appearance releases or otherwise) reasonably requested by Producer to confirm or perfect the rights of Producer under this Agreement and/or in connection with the Application and Program.

10. I agree that Producer shall have the right to capture and/or record (by still or motion picture or audio-only) my voice, name, appearance, activities (including any interviews and performances), biographical information, and Application information in and in connection with the participant selection process for the Program (all such photographs and recordings to be called, collectively, the “Recordings”).

11. I agree that Producer, or Producer’s agents and assigns, shall forever own all rights, including copyright, in the Recordings, and shall have the irrevocable right to use, and license others to use and sublicense, the Recordings in whole or in part, an unlimited number of times, in all languages, in all media whether now known or hereafter devised, anywhere in the universe in connection with the participant selection process for the Program and in and in connection with the Program or otherwise. Producer shall have the right to edit the Recordings and the Materials in any manner or form, and I waive any right to inspect or approve of any use of the Content, including droit moral or moral rights, if any.

12. For certainty, I grant the foregoing rights in Sections 10 and 11 to Producer, whether or not I am selected to participate in the Program. Without limiting the foregoing, Producer may use (and authorize others to use) such Recordings in the Program or in any related productions, for promotion and publicity or in any other manner at Producer’s sole discretion (without being obliged to any such use) whether or not I am selected as a participant in the Program.

13. I retain all right, title and interest in and to the Materials I submit to Producer. I grant to Producer the exclusive right to (and the right to authorize others to) reproduce, broadcast, distribute, use and otherwise exploit all or some of the Recordings in and in connection with the production, promotion, broadcast, distribution and other exploitation of the Program or any related productions or in any other manner at Producer’s sole discretion throughout the universe in perpetuity in all media now known or developed in future. I agree that Producer may (and may authorize others to) edit the Recordings in connection with such use.

14. I grant to Producer a worldwide, royalty-free, sublicensable, irrevocable and non-exclusive right to (and the right to authorize others to) reproduce, broadcast, distribute, use and otherwise exploit all or some of the Materials in and in connection with the production, promotion, broadcast, distribution and other exploitation of the Program or any related productions or in any other manner at Producer’s sole discretion throughout the universe in perpetuity in all media now known or developed in future. I agree that Producer may (and may authorize others to) edit the Materials in connection with such use.

15. I represent and warrant (i) that everyone appearing in the Materials and anyone who may have shot or created such Materials agrees that they may be used, as edited, altered or modified by Producer, in all Media without any compensation, (ii) the Materials will be free from any material that are libellous, defamatory, profane, obscene, pornographic or graphically violent, and will not contain any content that is contrary to law or which places any of the participants appearing on or off camera at serious risk or harm, or contains any individuals other than myself including minors, or contain any mention, endorsement, or “plug” any commercial product, service, venture or thing, except for the name and business of the Company, and (iii) that I have the rights and licenses necessary to submit the Materials and grant all of the rights granted herein. I hereby expressly waive in favour of the Producer, any moral rights that I may have with respect to the audio-visual productions and/or sound recordings produced and/or recorded in the Materials or otherwise for the purposes of the Program. 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 Producer these rights, or for submitting the Application, the sole consideration for which being the Producer’s consideration of me as a possible participant in the Program, which I acknowledge is good, valuable and sufficient consideration and is hereby accepted by me.

16. I acknowledge that as a result of my submitting the Application to participate in the Program and possible participation in the Program, I may read, hear or otherwise acquire or receive information or materials that are confidential or would reasonably be considered confidential including, without limitation, information or materials concerning or relating to Producer or to Broadcaster(s), to their respective businesses, to any program produced by Producer and/or exhibited by Broadcaster(s) including, without limitation, any information concerning or relating to the Program, the Program applicants, the Program participants, the personal or professional lives of Program’s hosts/talent, the locations of the Program, the events contained in the Program, and the outcome of any episode of the Program (collectively, the “Confidential Information”).

I acknowledge that the foregoing is intended to be illustrative. I also acknowledge that my possible participation in the Program, including without limitation, my submission of Materials and the Materials themselves, is also confidential and not to be disclosed without prior written authorization from Producer. Whether or not I am selected to participate in the Program, I shall not directly or indirectly use (or permit others to use) any Confidential Information at any time and I shall not disclose any Confidential Information to any other party at any time. I acknowledge that the Confidential Information is the exclusive property of Producer and/or the Broadcaster(s), as the case may be. For certainty, Confidential Information does not include information or materials that become publicly known other than through my breach of this Agreement.

17. I acknowledge that a breach by me of any of the confidentiality provisions of this Agreement would cause Producer and Broadcaster(s) irreparable harm that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, I hereby expressly agree that Producer and Broadcaster(s) will be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of any of the confidentiality provisions of this Agreement by me.

18. I represent, warrant and covenant that:

a. I am at least the age of majority in my province of residence;

b. I have answered all the Application questions truthfully, completely and accurately, to the best of my knowledge and ability;

c. all persons appearing in the Materials and anyone who may have created such Materials have agreed that they may be used, as edited, altered or modified by Producer, in all media without compensation or consent;

d. I have or control all the necessary rights and authority to grant the rights and benefits granted to Producer including, without limitation, the rights in the Materials; and

e. I have not given or offered to give, and shall not give or offer to give, to Producer or Broadcaster(s) or any of their respective staff or representatives any compensation or gift to arrange my appearance on the Program or to promote any product or service in the Program.

f. I am the owner of, or am duly authorized by all owner(s) of, the residential property featured in my Application (the "Property"). If I am not the sole registered owner of the Property, I represent and warrant that all owners of the Property are aware of and consent to this Application and to the submission and use of photographs, videos and other materials depicting the Property for the purposes contemplated by this Agreement. I further represent and warrant that I have the authority to permit Producer to use and exploit all Materials depicting the Property submitted as part of my Application.

19. By submitting the Application, I authorize Producer and/or its authorized agent to:

a. collect, investigate, access and use my name, mailing address, telephone number, e-mail address and any other information included in my Application or supporting documentation (collectively, the “Personal Information”) for the purposes of making casting and other decisions related to the production and exhibition of the Program or any related productions by Producer or its affiliated or related companies (the “Authorized Purposes”);

b. retain my Personal Information for the purposes of making casting and other decisions related to the production and exhibition of any related productions by Producer or its affiliated or related companies;

c. use my Personal Information to conduct civil, criminal, financial and/or any other type of background check deemed necessary by Producer on me or any members of the Company (if applicable) for the Authorized Purposes;

d. secure information about me from my current and former employers, employees, associates, friends, family members, government agencies (including, without limitation, motor vehicle records, and civil or criminal records), credit reporting agencies, and any references I have provided, and I authorize such parties to provide that information, for the Authorized Purposes; and

e. use certain elements of my Personal Information, as appropriate and except for medical information, in or in connection with the Program, any subsequent seasons of the Program, any ancillary or related productions, including “making-of” and “behind-the-scenes” productions, and for publicity and promotional purposes relating to the Program, which may be exhibited or broadcast in any and all media now known or hereafter devised and without further compensation unless prohibited by law.

20. I acknowledge that Producer may disclose my Personal Information to third-party agents and service providers of Producer, in connection with any of the activities listed in Section 19, above.

21. My Personal Information will be used only for the identified purposes and will be subject to Producer’s Privacy Policy at: https://www.meminc.ca/privacy-policy/

22. I hereby release Producer, Broadcaster(s), the Program advertisers and marketing agencies, all other persons and entities connected with the Program, each of their respective affiliated and related companies and each of their respective officers, directors, agents, representatives, employees, assignees, and licensees (collectively, the “Released Parties”) from any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation, legal fees and expenses) of any kind arising out of or in connection with: (a) their use of the Materials; (b) my participation in the participant selection process;(c) the collection, use and disclosure of my Personal Information; (d) the production, promotion and exploitation of the Program; (e) the failure of Producer to select me as a Program participant; (f) the failure to produce, or the cancellation of, the Program; and/or (g) the exercise by Producer of any rights granted by me (collectively, the “Released Claims”). The Released Claims include, without limitation, claims, actions, damages, liabilities, losses, costs and expenses (including legal fees and expenses) relating to defamation, personal injury and rights of privacy and publicity and/or resulting from the actions of any other Program participant or any other third party at any time.

23. I acknowledge that in the event I breach the confidentiality or any other provision of the Application and/or this Agreement, that breach may, in Producer’s sole discretion, result in my disqualification as a Program participant.

24. This Agreement will enure to the benefit of the parties and their successors, assigns and licensees and heirs and legal representatives.

25. If any provision of the Application and/or this Agreement is invalid, illegal, or unenforceable in any jurisdiction it will be ineffective solely to the extent of such invalidity, illegality or unenforceability, without affecting the remaining provisions in that jurisdiction or rendering that or any other provision invalid, illegal or unenforceable in any other jurisdiction.

26. Producer may freely assign, in whole or in part, any of its rights or obligations under the Application and/or this Agreement. I may not assign any rights or obligations under the Application and/or this Agreement.

27. The Application and this Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, applicable therein and excluding choice of laws principles. Only an Ontario court of competent jurisdiction will have jurisdiction over any matter arising out of or related to this Agreement.

All personal information collected through this form will be collected, used, and disclosed in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), as well as the Producer’s Privacy Policy.

By completing this form, you acknowledge and consent to the collection and processing of your personal information (including photographs and video submissions) for the purposes described herein.

A copy of the Producer’s Privacy Policy is available at https://www.meminc.ca/privacy-policy/