2025 WPBL Tryout Attendance Form

DO NOT SIGN UNTIL YOU HAVE COMPLETELY READ THE FOLLOWING: APPEARANCE RELEASE AND ARBITRATION PROVISIONS (“AGREEMENT”) In full and complete consideration of OP Services, Inc. (“Producer”) possibly including me in one or more of Producer’s audiovisual works (each a “Program”), and without any further consideration due from Producer or any third-party to me, and with the understanding that Producer, in its sole discretion may choose whether or not to air or include me in the Program and/or digital promotions, I hereby agree as follows: I irrevocably grant to Producer and its designees, successors, licensees and assigns, the right and license, but not the obligation, to film, tape, photograph, and make video and sound recordings of me (collectively, “Recordings”) and to broadcast, exhibit and otherwise use the Recordings, my appearance, name, likeness, actions, voice, singing voice, conversation, sounds, biographical data, and any photographs, videotapes, audio recordings or other materials provided by me on or in connection with the Program(s) in any manner in Producer’s sole election and sole discretion, which use shall not entitle me to receive any compensation or additional consideration whatsoever. I agree that Producer is the sole owner of all the results and proceeds of the Recordings and my appearance therein, which shall be considered “works-made-for-hire” specially ordered or commissioned by Producer as part of a motion picture or other audiovisual work under U.S. copyright law, with the right for Producer and its successors, assigns, and licensees, forever and throughout the universe, to use the same and any portion thereof in any and all media, whether now known or hereafter devised, including, without limitation, motion pictures, television, online exploitation, and publishing, for any commercial and non-commercial purposes, including without limitation, the advertising (including at physical locations), commercial tie-ins, sale, promotion, publicity, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the Program(s) and Recordings, and/or inclusion of the Recordings in any other program, or any part thereof (including but not limited to the promotion of third party sponsors) or in any other manner whatsoever. If any of such Recordings are not deemed “works-made-for-hire,” I hereby irrevocably assign to Producer the entire copyright and all other rights in and to such Recordings (and where any such Recordings are not in existence at the date hereof, by way of present assignment of future copyright), throughout the universe for the full period of copyright and all renewals and extensions thereof, and thereafter for the maximum period permitted by law. Producer shall also have the unrestricted right to edit, alter, cut, rearrange, adapt, dub, or otherwise revise or modify the Recordings in any manner or form and I waive the exercise of any “moral rights” I may have with respect to the Recordings. I further grant Producer and its designees the right to use and license others to use my name, voice, image, likeness and biographical information in and in connection with the Recordings, whether as part of the Program(s) or otherwise, or in connection with advertising, programming and publicity materials for the Program(s) (including, without limitation, commercial tie-ins) and/or Producer, and/or any network authorized to exhibit the Program(s) or the Recordings (each, a “Network”), any of their respective parent, subsidiary, related entities or affiliates, sponsors of the Program(s), and for the institutional purposes of Producer and Network(s) and/or their respective affiliated entities, throughout the universe, in any and all media, now known or hereafter devised, in perpetuity. I understand that I may reveal, and Producer and other third parties may reveal, information about me that is of a personal, private, embarrassing or unfavorable nature, which information may be factual and/or fictional. I understand that my appearance and/or portrayal in and in connection with the Program(s) may be disparaging, defamatory, embarrassing and/or of an otherwise unfavorable nature which may expose me to public ridicule, humiliation or condemnation. Notwithstanding the foregoing, I acknowledge and agree that Producer may use any such appearance and/or portrayal in and in connection with the Program(s), as edited by Producer in its sole discretion, and in any and all other manner whatsoever in any and all media now known or hereafter devised, or for any other purpose, throughout the universe in perpetuity, including without limitation, in all forms of promotion and publicity for the Program(s) and for Network(s). In the event I perform or display any preexisting original material on or in connection with the Program(s) written or otherwise controlled by me (for example, music, choreography, photography, lyrics, clothing, etc., collectively called the “Material”), I hereby grant to Producer and Producer’s designees, licensees and assigns, without charge, a non-exclusive, irrevocable license to perform and/or display the Material in and in connection with the Program(s) and in marketing, promotion and publicity therefor, and the rights required to exploit the Program(s) and the ancillary rights therein, inclusive of the Material, including without limitation, a direct public performance license, in any and all media now known or hereafter devised, and for any other purpose, throughout the universe in perpetuity. I agree that my appearance on the Program(s) is within Producer’s sole discretion and that Producer is not obligated to produce the Program(s) or have me appear in the Program(s). Neither Producer or Network(s) are obligated to broadcast or otherwise use or exploit the Program, the Recordings, or any portion thereof or my appearance therein. I agree to follow Producer’s instructions, policies and procedures for participation on and in connection with the Program(s), including without limitation, those relating to Covid-19. I recognize that Producer is relying on my representations herein and that a breach by me hereunder would cause Producer irrevocable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law and, therefore, I hereby expressly agree that Producer shall be entitled to injunctive and other equitable relief, without posting bond, to prevent and/or cure any alleged, threatened, or actual breach of this Agreement by me. To the maximum extent permitted by law, I and my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators and assigns hereby unconditionally, irrevocably and forever release, discharge and hold harmless Producer, its parent, assignees, licensees, agents, partners, and affiliates, FremantleMedia North America, Inc. (“Fremantle”), Original Productions, Inc. (“Original”), Women’s Pro Baseball League Inc. (“WPBL”), Network(s), their respective sponsors and such sponsors’ respective advertising agencies, any sponsors of the Program(s) and their respective advertising agencies, and any other television broadcasting stations exhibiting the Program(s) or any part thereof, sponsors and advertising agencies, all venues and locations used in connection with the Program(s), and any and all others connected with the Program(s) and each of their related parent companies, subsidiaries and/or affiliated companies, licensees, sponsors, exhibitors, successors, assigns, and partners and the officers, directors, employees, agents and representatives of each of the foregoing (collectively, the “Released Parties”), of and 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, any negligent rescue and/or psychological or medical treatment or procedure, injury, illness, damage, loss, harm or death that I, my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators and assigns, or any third parties may suffer in connection therewith, or any other matter arising out of or in any manner connected with my participation in the Program or the use and exercise of the rights granted to you herein to the extent that such claims, demands, or causes of action arise from or relate in any way to the negligence of the Released Parties. I acknowledge and understand that my participation in and in connection with the Program(s) (including before, during and after the production of the Program(s)) carries with it the potential for illness and loss, damage or modification to personal property including, and may expose me to emotional and physical stress, including, but not limited to, strenuous and/or dangerous physical activities. I acknowledge and understand that, as when participating in other potentially hazardous activities, my participation in the Program(s) carry(ies) with it the potential for death, serious physical injury, extreme emotional distress, mental or physical illness and loss, damage or modification to personal property including, without limitation: travel; engaging in strenuous physical activities, including, but not limited to, baseball; being near or around electrical equipment; exposure to people who have communicable illnesses; and making public appearances and/or otherwise interacting with and engaging with the public, participants of the Program(s), those involved in the production of the Program(s), and with individuals previously unknown to me. I understand and acknowledge that although certain conduct, statements or any other events that may occur in or in connection with the Program(s) may otherwise constitute an actionable tort, claim, or cause of action, I voluntarily and fully accept and assume all of these risks and understand and acknowledge that the waivers, releases and indemnities in this Agreement expressly apply to these risks and any and all consequences from or arising out of these risks. I acknowledge that Producer has made no representations or warranties of any kind whatsoever to me regarding my or others’ qualifications or ability to participate in the Program(s), or regarding any other matter whatsoever. I understand and agree that my participation in and in connection with the Program(s) shall be entirely at my own risk. I agree to indemnify, defend and hold harmless the Released Parties from and against any claim, liability, loss, damage, cost and expense (including, without limitation, reasonable attorneys’ fees) arising from or related to the breach or alleged breach of any representation, warranty covenant or agreement made by me herein or any statement, action, or failure to act by me during or in connection with the Program(s) and my participation, and my violation of any law, rule, or regulation. I hereby waive, release and forever discharge WPBL, and its shareholders, subsidiaries, affiliates, directors, officers, agents, employees, representatives, executors, successors and assigns from any and all responsibility or liability for injuries or damages resulting from my participation in the tryouts for the WPBL (the “Tryouts”). I also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to myself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in the Tryouts. I understand that participating in the Tryouts involves a risk of injury and even death and that I am voluntarily participating in the Tryouts and using equipment with knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death. Notwithstanding the foregoing, I acknowledge and understand that Fremantle is hereby responsible for eligible medical expenses or damages incurred as a result of injuries or damages sustained during my participation in the Tryouts. TO THE MAXIMUM EXTENT PERMITTED BY LAW, I WAIVE ANY AND ALL RIGHTS I MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND EVERY LIKE PROVISION IN ANY FOREIGN JURISDICTION. SECTION 1542 PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” To learn more about how Producer collects and uses your personal information in connection with this production, refer to Producer’s Privacy Notice at http://www.fmnanet.com/privacy-policy.pdf. This notice may be updated from time to time. I agree that if any controversy or claim arising out of or relating to this Agreement or my participation on the Program(s) cannot be settled through direct discussions, I 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, I AGREE THAT THE CONTROVERSY OR CLAIM, INCLUDING THE ENFORCEMENT, 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, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (THE “JAMS RULES”, AVAILABLE AT WWW.JAMSADR.COM, INCLUDING, WITHOUT LIMITATION, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND AN ARBITRATOR LICENSED TO PRACTICE LAW IN CALIFORNIA OR A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY OF LOS ANGELES. EXCEPT AS SET FORTH BELOW, I AGREE THAT THE REMEDY FOR ANY CLAIM BROUGHT SHALL BE LIMITED TO AN ACTION FOR MONETARY DAMAGES AND IN NO EVENT SHALL I BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE EXTENT REQUIRED BY LAW, THE PARTIES AGREE THAT WITH RESPECT TO THE ARBITRATION OF ANY FEDERAL OR STATE CLAIM BROUGHT BY ME THAT ARISES FROM UNWAIVABLE PUBLIC RIGHTS, WHETHER STATUTORY OR NON-STATUTORY, THE FOLLOWING WILL APPLY: (I) THE ARBITRATOR MAY AWARD ANY REMEDY THAT WOULD OTHERWISE HAVE BEEN AVAILABLE IN COURT; (II) THE PARTIES WILL BE PERMITTED DISCOVERY ADEQUATE TO SECURE THE NECESSARY INFORMATION TO PRESENT OR DEFEND AGAINST SUCH CLAIM; AND (III) PRODUCER WILL PAY ALL TYPES OF COSTS THAT ARE UNIQUE TO ARBITRATION, TO THE EXTENT REQUIRED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, I UNDERSTAND THAT I HAVE THE RIGHT AND THE OPTION, IF I SO ELECT, TO BRING ANY SEXUAL ASSAULT OR SEXUAL HARASSMENT DISPUTE ARISING UNDER FEDERAL, TRIBAL, OR STATE LAW IN ANY COURT OF COMPETENT JURISDICTION, AND I WILL NOT BE REQUIRED TO ARBITRATE ANY SUCH DISPUTE. NOTWITHSTANDING THE FOREGOING, I RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM(S) AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF MY CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS AGREEMENT, OR ANY INFRINGEMENT BY ME OF PRODUCER’S, FREMANTLE’S, ORIGINAL’S, WPBL’S OR NETWORK’S/NETWORKS’ INTELLECTUAL PROPERTY RIGHTS, WOULD CAUSE PRODUCER, FREMANTLE, ORIGINAL, WPBL, AND/OR NETWORK(S), IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, I AGREE THAT PRODUCER, FREMANTLE, ORIGINAL, WPBL, NETWORK(S), AND THEIR ASSIGNEES AND/OR DESIGNEES SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT WITHOUT A NEED TO POST BOND AND IN ADDITION TO ANY RELIEF THEY MAY SEEK IN ARBITRATION. I understand that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”) governs any and all of the arbitration provisions contained herein and any arbitration proceeding related to or arising from this Agreement. Notwithstanding the foregoing, this Agreement shall be interpreted under the laws of the State of California, to the extent they do not conflict with the FAA, without regard to the conflicts of law provisions thereof. To the fullest extent permitted by applicable law, I agree to waive my right to commence, to become a party to, or to be or remain a participant in, any group representative, class, collective, or hybrid class/collective action in any court arising from or relating to this Agreement or my participation on the Program(s) in any way. Further, I waive my right to commence, to become a party to, or to remain a participant in, any group, representative, class, collective, or hybrid class/collective action claim in arbitration or any other forum arising from or relating to this Agreement or my participation on the Program(s) in any way, unless otherwise prohibited by applicable law. I agree that any claim by me shall be heard in arbitration without consolidation of such claim with any other person or entity’s claim, except as otherwise agreed to by Producer and me. I represent and warrant that I am at least 18 years of age and have the full, complete and unrestricted right and authority to enter into this Agreement. If I am not at least 18 years of age, I agree to have my parent or legal guardian sign the acknowledgement at the end of this Agreement. I agree that my appearance on and/or in connection with the Program(s), if any, shall not be deemed to be a performance and is not employment and does not entitle me to wages, salary, residuals, corporate or other benefits (as for example, pension, health and welfare benefits) or other compensation. I represent and warrant that all information I am providing to Producer on this Agreement is valid, true and accurate, and that I have (or will concurrently provide) to Producer full and accurate information regarding my name (including prior names, aliases and professional/stage names), address and date of birth, for Producer’s record-keeping purposes. This is the complete and binding agreement between Producer and me, and it supersedes all prior understandings and/or communications, both oral and written, with respect to its subject matter. This Agreement may be freely assigned by Producer. This Agreement and all related matters shall be governed by the internal, substantive laws of the State of California applicable to contracts executed and performed entirely therein. The parties hereby consent to the in personam jurisdiction and venue of any state or federal court located in the County of Los Angeles. The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement, which shall be enforced to the maximum extent permitted by law. This Agreement cannot be terminated, rescinded or amended, except by a written agreement signed by both Producer and me. IF THE ABOVE INDIVIDUAL IS UNDER THE AGE OF 18 YEARS, THE PARENT OR LEGAL GUARDIAN OF SUCH PERSON SHOULD ALSO SIGN BELOW. I hereby warrant that I am the parent(s) and/or legal guardian(s) of , the individual who signed the foregoing agreement (the “Agreement”) (the “Minor”), and I am entitled to the sole and complete legal custody, care and control of said Minor, that I have read and understand the nature and extent of all rights granted to Producer by Minor, and fully consent, approve and agree to participation of Minor in and in connection with the Program(s) pursuant to the Agreement, that I have caused said individual to execute said Agreement, that I will not instruct, authorize or permit said individual to disaffirm the foregoing Agreement, and that I will indemnify and hold harmless the Released Parties (as defined in the Agreement) against all claims, liabilities and expenses (including attorneys’ fees) with respect to said Agreement, and that, knowing of Producer’s reliance hereon, I agree to cause said person to adhere to all of the provisions of said Agreement. I agree that I will be responsible for the conduct and well- being of said Minor at all times during said Minor’s participation in the Program(s), if any. In addition, I agree to cooperate with Producer in having this Agreement and any past or future agreements entered into by the Minor in connection with the Program(s) approved by the applicable court and I hereby waive notice and any opportunity to appear and be heard in connection with any such proceedings. Furthermore, in consideration of Producer possibly including me and/or Minor in the Program(s), I hereby agree to be bound by and to perform all of the terms and conditions of the foregoing Agreement (including, without limitation, the provisions regarding release of all claims), as such terms and conditions may relate to my participation and/or the participation of the Minor in the Program(s), if any (including but not limited to the taping of my appearance in connection with the Program(s), the use of my name, voice, likeness, etc., in the Program(s)) and my agreement not to disclose or discuss or authorize any third party to disclose or discuss, any events related to the Program(s) without Producer and Network’s/Networks’ prior written approval.