VIP Nannies

If you are selected as a potential participant, you must execute waivers and release agreements required by Ludwig Productions, LLC (“Producer”) and any network or platform authorized to exhibit the Program (“Network”) or any of their licensees, successors or assigns.

You will need to be available to the production on date(s) selected by Producer in its sole discretion, and which are subject to change in Producer’s sole discretion, and you may need to be willing to travel as part of production.

You give the following representations, warranties, acknowledgements, consents and releases:

(a) By signing below, you represent, warrant, acknowledge, and agree that: (i) you have read and you meet eligibility requirements; (ii) you have completed this application honestly and accurately; (iii) if any of the information in this application is found to be false or incomplete, this will be grounds for dismissal from the Program participant selection process, and/or from the Program, if selected; (iv) even if you meet the eligibility requirements, Producer has no obligation to further contact you, interview you, and/or select you as a participant; (v) even if you are selected as a participant, Producer has no obligation to produce the Program and Network has no obligation to exhibit it, even if produced; (vi) you agree to keep strictly confidential all information about the Program that you may acquire during the participant selection process and/or during you participation in the Program (if applicable); (vii) all decisions by Producer concerning selection of the participants are final and not subject to challenge or appeal; and (viii) Producer has no obligation to return any materials submitted by you as part of the application whether or not you are selected as a participant.

(b) By submitting this application, you consent to the recording, use and reuse by Producer, Network, and any of the Released Parties (as defined in Paragraph 10 below) of your voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with your application to be a participant in the Program or in any materials submitted by you in connection with your application (collectively “Likeness”), as edited, altered, or modified by Producer or by any of the other Released Parties, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Program or any other work. You agree that the Released Parties or any of them may use all or any part of your Likeness and may alter or modify it regardless of whether or not you are recognizable. You further agree that the Released Parties exclusively own all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by them and in and to any and all video that you have provided in connection with your application and any other materials that you have provided or may provide in connection with your application or the Program (collectively, the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and your Likeness in any and all media now known or hereafter devised worldwide, in perpetuity. Without in any way limiting the foregoing, if I perform or include any music (other than music supplied to you by Producer) in connection with your application or the Program, I represent and warrant that I own all rights to such music, and I grant Producer the right to record, reproduce and publicly perform any such music in and in connection with the Program or any other work. Without in any way limiting the waivers and releases set forth herein, you waive any claims to royalties of any kind, whether accruing now or in the future, from Producer and Network for the use of any such music, including, without limitation, any applicable copyright, public performance, mechanical and synchronization royalties. You further agree that Released Parties may use your Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement. You grant the rights hereunder whether or not you are selected to participate in the Program in any manner whatsoever. You understand that you will not be paid any money for giving Released Parties these rights or for signing this application.
(e) You understand that the participant selection process will involve subjective decisions made by certain individuals selected by Producer in its sole discretion. You further acknowledge and agree that Producer shall have sole discretion and control over every aspect of selecting participants. You understand and agree that all participant selection and elimination decisions shall be final and binding on you in all respects and shall not be subject to challenge or appeal.

9) CONFIDENTIALITY. Whether or not you are selected to be a participant on the Program, you shall keep in strictest confidence and shall not, and shall not authorize or cause others to, directly or indirectly, use or disclose to any third party at any time (i.e., prior to, during, or after the taping or exhibition of any episode of the Program) any of the following, which is the exclusive property of Producer or Network: any information or materials that you may read, hear or otherwise acquire or learn in connection with or as a result of your participation in or in connection with the Program, including without limitation, any information or materials concerning or relating to Producer or to Network, the business of Producer or Network, any program produced by Producer or exhibited by Network, including, without limitation, any information concerning or relating to the Program, the participant selection process, the Program applicants, the Program participants, the location(s) of the Program, the events contained in the Program, the outcome of any episode of the Program, and the contents of this application or any other agreement or document that you sign, have signed or receive from Producer or Network at any time (collectively, the “Confidential Information”). You acknowledge and agree that the Confidential Information is confidential and the exclusive property of Producer and Network. At no time will you ever, directly, or indirectly, divulge in any manner, or use or permit others to use, any of the Confidential Information. You acknowledge and agree that your obligations with respect to confidentiality set forth in this application shall continue in perpetuity or until terminated by Network by giving you written notice of termination. In no event will you have the right to terminate your confidentiality obligations under this application. You acknowledge that in the event you breach the confidentiality or any other provisions of this application, your breach may, in the sole discretion of Producer or Network, result in your being disqualified to participate as a participant in the Program. You further acknowledge that a breach by you of any of the confidentiality provisions of this application would cause Producer and Network irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law, and, therefore, you hereby expressly agree that Producer and Network shall be entitled to injunctive and other equitable relief to prevent and cure any breach or threatened breach of any of the confidentiality provisions of this application by you.

10) RELEASE AND AGREEMENT NOT TO SUE. To the maximum extent permitted by law, you for yourself and on behalf of your heirs, executors, agents, successors, and assigns, irrevocably and unconditionally release, hold harmless, and forever discharge each of the Released Parties from any and all liabilities, actions, injuries, claims, demands, costs (including attorney’s fees and court costs), and any other damages or any kind of nature whatsoever arising out of your participation in or in connection with the Program, including, without limitation, the recording of your Likeness and the Materials, your participation in the participant selection process, and any exploitation of the Program, your Likeness or the Materials, on any legal theory whatsoever (including failure to adequately compensate you, infliction of emotional distress, illness, personal injury, rights of privacy and publicity, defamation, or false light), regardless of whether caused by the negligence or willful misconduct of the Released Parties (collectively, the “Released Claims”), which you ever had, now have, or in the future may have against the Released Parties. Further, to the maximum extent permitted by law, you agree not to sue the Released Parties as a result of the recording or use of your Likeness or the Materials (including, without limitation, any claim that such use defames you or invades any right of privacy and/or publicity) or for any reason based on any of the Released Claims hereunder. The term “Released Parties” shall mean and refer to Producer, Network, any other licensees or assignees of the Program or the Materials, the other participants in the Program, all other persons and entities connected with the Program, all parent, subsidiary, related and affiliated entities, licensees, successors, assigns, sponsors and advertisers of each of the foregoing, all of 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.
You acknowledge that there is a possibility that after the execution of this application, you may discover facts or incur or suffer claims which were unknown or unsuspected at the time of execution, and which if known by you at that time may have materially affected your decision to execute this application. You agree that by reason of this application, and the releases contained in the prior paragraphs, you are assuming any risk of such unknown or unsuspected facts and claims.

12) CHOICE OF LAW. This application shall be interpreted under the internal, substantive laws of the State of New York, without regard to the conflicts of law provisions thereof.

13) MEDIATION & ARBITRATION. The parties agree that if any controversy or claim arising out of or relating to this application cannot be settled through direct discussions, they shall endeavor first to settle the controversy or claim by a mediation administered by JAMS under its applicable rules. If THE dispute is not otherwise resolved through direct discussions or mediation, the parties agree that the controversy or claim, including the scope or applicability of this agreement to arbitrate, shall THEN be resolved by FINAL AND binding confidential arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”, including, without limitation, TO THE MAXIMUM EXTENT PERMITTED BY LAW, the rule providing that each party shall pay pro rata its share of jams fees and expenses). THE JAMS RULES ARE AVAILABLE AT WWW.JAMSADR.COM, AND A FURTHER COPY OF THE JAMS RULES SHALL BE PROVIDED TO YOU BY PRODUCER UPON REQUEST. THE JAMS RULES FOR SELECTION OF MEDIATORS AND ARBITRATORS SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE (i) AN EXPERIENCED ARBITRATOR INCLUDE FOR CA, WHO IS EXPERIENCED IN THE ENTERTAINMENT INDUSTRY, AND LICENSED TO PRACTICE LAW IN NEW YORKA, OR (ii) A RETIRED JUDGE. All proceedings brought pursuant to this paragraph will be conducted in the county of NEW YORK COUNTY. 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. THE PARTIES AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUBJECT TO THE REMAINDER OF THIS PARAGRAPH, THE DAMAGES RECOVERABLE BY THE PARTIES SHALL BE LIMITED TO ACTUAL DAMAGES, AND SUCH PARTIES WAIVE THE RIGHT TO SEEK PUNITIVE OR EXEMPLARY DAMAGES. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO GRANT ANY REMEDIES THE PARTIES TO ANY DISPUTE HAVE WAIVED HEREIN. FURTHER, YOU 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, YOU 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, to the extent required by law, the parties agree that with respect to the arbitration of any federal or state claim YOU 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; the parties 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.

14) ELECTRONIC SIGNATURES. This application may be executed by electronic signature in the blank below, or otherwise in a form acceptable to Producer. Any signed copy of this application delivered by electronic transmission shall for all purposes be treated as if it had been delivered containing your original signature and shall be binding upon you in the same manner as though an original signed copy had been delivered.
15) SEVERABILITY. The illegality, invalidity or unenforceability of any provision of this application shall in no way affect the validity or enforceability of any of the remainder of this application, which shall be enforced to the maximum extent permitted by law. This is the entire understanding between Producer and you, and it supersedes all prior oral or written communications.

You have read, understand, and agree with the foregoing. You UNDERSTAND THAT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS APPLICATION, INCLUDING, WITHOUT LIMITATION, YOUR RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS APPLICATION.