I acknowledge that the Programme (which expression shall include without limitation the series of programmes entitled India’s Digital Chefs and/or any version thereof, any spin-off programme based thereon and any related audition, recording, interview, event or activity or interactive/online application), is a talent competition and will entail a competition requiring participants to record and submit their own recorded videos to the Company, and, at the Company’s selection, may be required to perform online or in person before a panel of judges which may be recorded and distributed on any media now known or hereafter developed . I understand the nature of the Programme and in signing this Agreement I hereby consent to the recording and use of my contribution to the Programme on the terms and conditions herein stated.
I agree to make myself available at such times and in such locations as the Company may reasonably require in respect of the Programme including without limitation any related tests, auditions, rehearsals, publicity ?trailers?, press calls, photographs, recordings, retakes and/or other contributions (collectively my ?Contribution?). I acknowledge that the Company and/or any distributor of the Programme (including, without limitation, YouTube) (collectively the ?Platforms?) will have no liability to me if I am unable to attend or take part in the Competition and further that the Company may at any time disqualify me from the Competition at its sole discretion, and/or withhold, withdraw or revoke any prize that I may have won, in the event of any willful breach and/or negligent act or omission by me, (including without limitation if I fail to observe the provisions of this Agreement).
The Company will endeavor to operate the Competition and apply the rules and conditions of the Programme (?Rules?) as devised from time to time by the Company and/or format owners being the Company and Onedigital Entertainment Private Limited (?ODE? and together with the Company, the ?Format Owners?). However, I acknowledge that the decision of the Company is final and the Company reserves the right to remove me from the Competition/locations/premises at its absolute discretion. I further acknowledge that the interests of the Programme will override those of any participant and in the event of any dispute concerning the operation of any element of the Competition or the Rules, the decision of the Company will be final. In the event I am disqualified or eliminated from the Competition, I acknowledge and agree that the Company shall be fully entitled to use and exploit my Contribution to the Programme in accordance with the terms of this Agreement.
I will comply fully with the Rules, I agree to behave appropriately when taking part in the Competition and I agree to observe all procedures and rules and obey all instructions in force or given by a member of the Company or of any location staff in connection with production of the Programme and the management of the locations and the fire safety and security arrangements in those locations. I acknowledge that the Company and the Format Owners reserve the right to amend the Rules or terminate the Competition at any time without any liability to me. I will further promptly comply with all directions and requests of the Company and its staff.
I acknowledge that if I progress to the second or subsequent stages of the Competition, I may be required at the Company’s selection insofar as it does not conflict with any Existing Agreement (defined below) I may currently be encumbered by, and in consideration of the inclusion of my Contribution in the Programme, to enter into the following agreements with the Company, ODEand/or the Companys designees, licensees, successors and assigns:
an agreement option for my exclusive performance services b an exclusive touring/tour merchandising option agreement; and further it may be required by the Company insofar as it does not conflict with any Existing Agreement I may currently be encumbered by, and in consideration of the inclusion of my Contribution in the Programme to enter into an exclusive management option agreement (collectively with agreements listed in sub-clauses 5(a)-(c) above defined as (the Agreement(s)). The Agreement(s) shall become fully effective only subject to the Company, ODE or the Companys designee (as the case may be) exercising its exclusive option in respect thereof.
I hereby agree that I shall notify the Company on signature of this Agreement of any existing recording, audio visual recorded and/or printed material created prior to or during the Competition which contains my contribution thereto. I have set out in the attached Schedule hereto details of all recording, publishing, merchandising, endorsement, management or any other contracts to which I am or have been a party in respect of my career as a performer (the Existing Agreements) as well as details of any unions or guilds of which I am a member and previous television, magazine, print publishing or website appearances which I have made. I hereby represent and warrant that the details provided in the Schedule are true and accurate.
I hereby agree and undertake that, upon signature of this Agreement and until termination or expiry hereof, I will not enter into any recording, publishing, merchandising, endorsement, management or any other contracts with any third party without the prior written consent of the Company and/or the Format Owners.
I hereby agree and undertake that, upon signature of this Agreement and until termination or expiry hereof, I will be exclusive to the Company such that without prejudice to the generality of the foregoing I will not appear or participate in any programme similar to the Programme on any media in the capacity of a presenter, host, contestant or regular guest. (Note to participant: For the avoidance of doubt, one-off guest appearances are permitted on television and/or radio programmes, provided that the Company has the first option to cover your publicity immediately following your elimination from the Programme and for up to Sixty (60) days after your elimination. This includes, but is not limited to, your first major television interview following your elimination from the Programme (if applicable).
I will if requested present proof of my age to the Company by way of supporting documentation (including without limitation an original birth certificate and/or valid passport). I acknowledge that the Company reserves the right to require at any time proof of my identity and/or eligibility.
I hereby warrant that I am legally resident in my country of residence specified above and will supply documentation confirming such if requested by the Company. I further warrant that I am in a good state of health and capable of taking part in the Competition.
I warrant that I have been and will be truthful, accurate and in no way fraudulent or misleading in completing the application form for the Programme, in supplying any personal details to the Company and in providing any Contribution.
I hereby undertake to disclose to the Company on signature of this Agreement details of any criminal convictions and/or unspent convictions other than driving offences which have not resulted in a ban or more serious sentence. I shall notify the Company immediately if there are any criminal charges brought against me or if any information I have provided becomes inaccurate up to and including the date of first television transmission of my last appearance on any episode of the Programme. I undertake to inform the Company immediately if any such information becomes inaccurate prior to first transmission of the last episode of the Programme.
Requirements for participation in the Programme
With full title guarantee I hereby assign irrevocably to the Company (including present assignment of future copyright) the entire copyright and all other rights of whatsoever nature in and to my Contribution such that the Company shall be entitled to use and exploit and license others to use and exploit such Contribution by all means and in all media and formats whether now known or hereafter invented throughout the universe for the full period of copyright including any extensions, revivals, reversions and renewals thereto and thereafter insofar as is possible in perpetuity. Furthermore I grant irrevocably all consents and waivers (including without limitation any so-called moral rights) as required pursuant to any Copyright Act prevailing at that point in time (and any amendment to and/or re-enactment thereof) and under all similar laws in any part of the world that may create rights in my Contribution to enable the Company to make fullest use of my Contribution and/or the Programme without restriction. I further confirm that I shall not seek to enforce any rights to equitable remuneration in respect of any rental and lending and cable and satellite re-transmission rights in my Contribution.
Without limiting the foregoing in any way, the Company shall be entitled to:
use, collect and/or disclose any personal information about me for any purpose whatsoever as may be deemed necessary by the Company in connection with or in relation to the production, promotion, broadcast and/or transmission of the Programme, including, without limitation, to assess whether or not to select me for the Programme, to verify any of my personal information and/or to carry out background checks with law enforcement and government agencies. The Company shall also be entitled to share all such personal information with any producer, platform and/or sponsor of the Programme;
alter, adapt or make additions to or deletions from the Programme (and my appearance thereon) at its discretion;
make and exploit and to authorize the making and exploitation of any recording or fixation of my appearance separately from or in conjunction with the Programme throughout the universe in perpetuity in all media whether now known or hereafter invented;
dub my voice in any language; and
include my name, likeness, voice, biographical details, photographs of me and recordings of interviews with me separately from or in conjunction with the Programme in all media and formats throughout the Universe including but not by way of limitation in advertising, publicity and exploitation material.
I acknowledge that there is no obligation on the part of the Company and/or any Platforms to record my contribution and/or broadcast any Programme in which I have appeared and/or all or any part of my contribution to the Programme.
I hereby agree that my appearance in the Programme is not a professional performance and does not entitle me to wages, salary or other compensation.
For all content submitted by me, I hereby warrant that such content is wholly original to me, is not subject to any third party rights or encumbrances which have not been notified to the Company prior to my performance or submission of such Materials for the Programme and the performance and inclusion of the same as part of the Programme do not infringe the rights of any third party nor any common law or statutory rights in any other material. I hereby licence to the Company all rights in the Materials for the full period of copyright including any renewals, reversions, revivals or extensions throughout the universe so that the Company may synchronize and/or otherwise exploit the Materials separately from or in conjunction with the Programme in all media and formats throughout the Universe (including without limitation in advertising, publicity and exploitation material).
I hereby warrant not to disclose to any third party (other than my professional advisors) any information relating to the Programme or my participation in the Programme or the affairs of the judges, the presenter, the Company and/or Format Owners (or any assigned companies thereof) or any of their employees or business activities which may come to my knowledge during or in connection with my participation in the Programme.
I hereby warrant that I will not, in any media and in any territory throughout the world, without the prior written consent of the Company actively publicise nor discuss with any third party nor make in public or private any statement written or oral intended for publication by the press or any other part of the media or which by its nature is liable to be published or from which extracts can be quoted relating to the Programme, the Competition, the judges, the presenter, the Company, the Format Owners or the Platforms or any of their respective employees or business activities or the television industry in general. Should I be contacted by a member of the press, I hereby undertake to refer them to the Companys publicity office.
I hereby warrant that I have not entered into any commercial, sponsorship or other agreement or arrangement with any person, firm or company in respect of my appearance in the Programme.
I agree that my contribution to the Programme (including without limitation the Contribution and any Composition(s)) shall not contain anything which is an infringement of copyright or which is calculated to bring the Company and/or Format Owners into disrepute or breach of contract or duty of confidence or which is defamatory or in contempt of court.
The Company shall not be liable to me or my legal representative for any loss or damage or injury to me or my property caused by or suffered during or in connection with my taking part in the Programme unless caused by the negligence of the Company and recoverable on that ground following judgment of a competent court of final judgment.
For the avoidance of doubt and save as otherwise provided herein, I hereby release, discharge, indemnify and hold harmless the Company, the Format Owners and the Platforms, and their respective officers, directors, employees, parents, subsidiaries, affiliates, attorneys, representatives and agents, from any claims, judgments, damages, losses, attorneys fees and any other liability arising from production of the Programme and/or my participation therein, and/or my acceptance, possession or use of any prize.
I am free to enter this Agreement and agree that in the event of any breach of this Agreement by the Company I shall not be entitled to enjoin and/or injunct the distribution and/or exploitation of the Programmes and any legal remedy I may have shall lie in an action at law for damages only.
I undertake to inform the Company immediately if I or any member of my immediate family is employed by:
One Digital Entertainment Private Limited;
Zenga Media Private Limited; or any person, or entity otherwise involved or connected with the Programme and its production.
The Company may assign all rights in my Contribution to and participation in the Programme to any of its subsidiary or associated companies or successors in title and to any other third party.
If any provision of this Agreement is adjudged by a court to be void or unenforceable such provision shall in no way affect any other provision of this Agreement, the application of the provision in any other circumstance or the validity or enforceability of this Agreement and such provision shall be curtailed and limited only to the extent necessary to bring it within legal requirement.
These terms and conditions are subject to change at the Companys sole discretion.
The Courts of India shall have sole jurisdiction in relation to the terms and conditions of the agreement contained in this release which shall be interpreted according to the laws of India.
By uploading a video I am agreeing to participate for this audition and the show, I hereby agree and confirm that my participation in this audition and show be considered as my signature to this agreement.