TERMS, CONDITIONS AND RELEASE: 

  1. By submitting this application, I hereby consent to the recording, use and reuse by Shaun Barrowes Music, LLC (the “Producer”), and any of its respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representatives, officers and directors (collectively “Releasees”) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in the Hammer Hands International Dance Competition (the “Competition”) or in any materials submitted by me in connection with my application (collectively “Likeness”), as edited, altered, or modified by the Producer or by any of the other Releasees, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the Competition or any other work.  I agree that the Releasees or any of them may use all or any part of my Likeness, and may alter or modify it regardless of whether I am recognizable.  I further agree that all Releasees 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 I have made available in connection with my application and any other materials that I have provided or may provide in connection with my application to, or participation in, the Competition (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 my 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 required to be used by the Producer) in connection with my application, I represent and warrant that I own all rights to such music, and I grant the Producer the right to record, reproduce and publicly perform any such music in, and in connection with, the Competition or any other work.  I further agree that Releasees may use my Likeness and the Materials in connection with any promotion, publicity, marketing or advertisement.  I grant the rights hereunder whether or not I am selected to participate in the Competition in any manner whatsoever.  I understand that I will not be paid any money or compensated in any other way for giving Releasees these rights or for agreeing to these Terms, Conditions and Release. 
  2. My participation, if selected, in the Competition is at my own risk.  To the maximum extent permitted by law, I agree not to sue Releasees and I release Releasees from any and all claims, actions, or liabilities for injury or damage to me, to anyone else or to any property in any way resulting from my participation in the Competition, regardless of whether such injury or damage was caused by the negligence or willful misconduct of Releasees or anyone else RELATED TO the Competition.  The foregoing includes, but is not limited to, any and all liability arising out of the recording or use of my Likeness and/or the Materials, including, without limitation, any claim that such use defames me, places me in a false light, or invades any right of privacy and/or publicity. The released claims specifically include, without limitation, any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind resulting from the actions of another participant or any other third party at any time. 
  3. I hereby acknowledge and agree that: (a) I have read and understand, and I meet and agree to be bound by, the rules and eligibility requirements for the Competition; (b) the Producer may license, assign, and otherwise transfer this application and all rights granted by me under this application to any person or entity; (c) even if I meet the eligibility requirements, the Producer has no obligation to interview me and/or select me as a participant; (d) even if I am selected as a participant, the Producer has no obligation to produce the competition and has no obligation to broadcast it; (e) all decisions by the Producer concerning selection of participants and other matters is final and not subject to challenge or appeal; and (f) the Producer owns, and is not obligated to return or maintain (and may destroy), any materials submitted as part of my application (including, but not limited to, videotapes, DVDs and photographs) whether or not I am selected as a participant. 
  4. These Terms, Conditions and Release express the entire understanding between the Producer and me and replace any and all former and contemporaneous agreements, understandings or representations between the Producer and me.  No modification, alteration or amendment of these Terms, Conditions and Release will be valid or binding unless in writing and signed by both me and the Producer. 
  5. These Terms, Conditions and Release shall be deemed to be entered into in Utah County, Utah, and shall be governed by and interpreted in accordance with the laws of the State of Utah.  Any action, proceeding or litigation concerning these Terms, Conditions and Release or my appearance or participation in the Competition may only be brought in Utah County, Utah, and I hereby agree that the courts of Utah County, Utah, shall have exclusive jurisdiction over me and the subject matter of any such proceeding. 
  6. Without limiting the foregoing, any provision of these Terms, Conditions and Release that is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of these Terms, Conditions and Release invalid, illegal or unenforceable in any other jurisdiction.