PERSONAL RELEASE AND ARBITRATION PROVISION AGREEMENT

PERSONAL RELEASE AND ARBITRATION PROVISION AGREEMENT

In consideration of Chameleon Cold-Brew, LLC (the “Company”) evaluating my application, audition, or participation in The Chameleon Coffee Road Brew Tour (the “Program”), and with the understanding that the Company has sole discretion regarding my involvement in the Program, I hereby agree to the following terms:

1. Grant of Rights

I grant to the Company and its successors, licensees, and authorized representatives the perpetual, irrevocable, worldwide right to use, edit, reproduce, distribute, and otherwise exploit, in any medium now known or hereafter devised, without limitation or compensation:

  • Any materials I submit as part of the application or audition process.
  • Any materials, performances, or acts presented during my participation in the Program.

This includes my name, image, voice, likeness, biographical information, performances, or any other personal characteristics (collectively, “My Likeness”) in connection with the Program, its advertising, promotion, distribution, and any derivative works or related products.

I acknowledge and agree that the Company is the sole owner of all content created during or submitted for the Program, including my audition materials, appearances, and personally developed content. The Company may use, edit, or alter them in any manner it deems fit, including but not limited to comedic, fictionalized, or promotional purposes.

2. Release of Claims 

On behalf of myself, my spouse, next of kin, relatives, heirs, guardians, legal representatives, and authorized representatives, I unconditionally and irrevocably release the Company, its parent companies, affiliates, successors, licensees, employees, agents, sponsors, agencies, exhibitors, officers, and all related entities (collectively, the “Released Parties”) from any and all claims, demands, or causes of action that I may have, including without limitation, claims based upon defamation or invasion of privacy or personal injury, or any other matter arising out of or in any manner connected with my participating in the Program or the use and exercise of the rights granted to you herein.

I acknowledge that there is a possibility that after my execution of this Agreement, I will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed and which, if known by me at that time, may have materially affected my decision to execute this Agreement. I acknowledge and agree that by reason of this Agreement, and the release contained in the preceding paragraph, I am assuming any risk of such unknown facts and such unknown and unsuspected claims.

Notwithstanding such provision, this release shall constitute a full release in accordance with its terms. I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release and this Agreement and that without such waiver, Company would not have accepted this Agreement or my participation in the Program. I acknowledge that I understand the significance and consequence of such release and specific waiver of Section 1542.

3. Acknowledgments and Representations

I acknowledge that my participation in the Program includes my appearance and any act, material, or performance I have created or selected for the Program. I warrant the following:

  • I am in a state of physical, emotional, psychological, and mental health capable of participating in the Program and performing my act.
  • I will notify the Company immediately if my health status changes in a way that affects my ability to participate.
  • My participation in the Program and any materials submitted by me do not infringe on any third-party rights.
  • I meet all of the criteria outlined in the Eligibility Requirements for the Program and that all information I have provided is true, accurate, and complete.

I understand that the Company is relying on these representations and agree that a breach of these terms would cause the Company irreparable harm.

4. Injunctive Relief

I agree that, in the event of a breach or threatened breach of this agreement, the Company shall be entitled to seek injunctive or equitable relief to prevent or remedy such breach. I waive the right to contest such relief on the grounds that monetary damages would be sufficient.

5. Confidentiality

I agree not to disclose any information about the Program, including its production, participants, or outcomes, without prior written consent from the Company.

6.  Arbitration

All actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, and directly or indirectly relating to this Agreement will be subject to and resolved by binding arbitration in the County of Orange. Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction, which includes within the federal judicial district of the residence of the party against whom such award or order was entered. By agreeing to arbitration, you expressly and knowingly waive any rights you may have to a trial by jury for any claims, disputes, or controversies arising out of or related to your application, the audition process, or related matters. This waiver applies to claims under federal, state, or local statutes, regulations, or common law.

7.  Miscellaneous

  • I understand my participation in the Program is voluntary and does not constitute work performed as an employee. If selected following the audition process, any subsequent relationship with the Company will be governed by a separate written agreement and is not implied by my audition or related activities
  • I agree that any dispute arising under this agreement will be governed by the laws of the State of California.

 

NOTE: As a condition of employment, individuals selected for the position of Brew Crew Member are required to execute this document by providing their physical or electronic signature.