1. For good and valuable consideration (the receipt of which is hereby acknowledged), I agree to appear without pay as a guest on the syndicated television program, entitled “The Dr. Oz Show,” and any derivative programs, produced by ZoCo Productions, LLC and its affiliated entities and companies (collectively, “ZoCo”, “You” or “Your”). I acknowledge and agree that I may elect, of my own free will and under no inducement from You, to: (i) test or use products and/or (ii) taste or consume food or drink offered to me in connection with the Program and that I am solely responsible for any harm to my health that I may experience, including, any reaction due to an allergy, whether known or unknown, that I may have. I hereby represent and warrant that I am not a current member of any talent union. In the event that I may qualify for such membership, I hereby agree to waive any right to receive residual payments that would ordinarily be due as a result of my appearance on the Programs.
2. In connection with the “The Dr. Oz Show” and any derivative programs created by You from this taping, including, but not limited to, all television, digital transmission, and terrestrial radio (collectively, the “Programs”), You may use, reuse and license Your affiliated broadcasters, licensees and assigns (including OWN: The Oprah Winfrey Network) to use my name, voice, picture, likeness, biography, materials, and/or statements made during the taping of and for the Programs, throughout the world, in perpetuity, in all media now known or hereafter devised, including for the promotion of the Programs.
3. I understand that I may be videotaped and recorded at any time in connection with the Programs, that You own all such footage shot of me and I give my consent to such taping and recording. You will be the sole owner of any and all rights, title and interest in and to such footage and the Programs, in all media, whether now known or hereafter devised in all languages, throughout the universe, in perpetuity, and all results and proceeds of my services, appearances, or other participation in connection therewith will be owned by You as a work made for hire. Without limiting the generality of the foregoing, I acknowledge and agree that: (i) You may edit my appearance as You see fit, (ii) I hereby waive any right of inspection or approval of my appearance and/or its uses by You, (iii) You will rely on this permission at potential cost to You, and (iv) You have no obligation to use my appearance.
4. You agree not to use my name or picture so as to amount to a direct endorsement by me of any product or service. In addition, to the extent applicable, I agree on behalf of myself, my company and its affiliated entities, not to use ZoCo’s name or Dr. Oz’ name, voice, picture or likeness for promotion or advertising or to use the phrase “As seen on The Dr. Oz Show,” or similar statements, in any promotional or advertising materials. Specifically, I agree not to use ZoCo’s name or trademarks, Dr. Oz’ name or likeness, or a quote from the Programs or Dr. Oz, on or in connection with the marketing or advertising of any book or other publication, product or service (including digital transmissions such as the internet or other on-line computer communication services). I represent and warrant that I am not attending the Programs in the capacity of a reporter and I will not write, blog about, publish or cause to be published any article or book about my participation in the Programs. Further, I agree that any products or services that I discuss on the Programs have been selected by me based on my own judgments and that I did not solicit, nor have I accepted, any money, services or other valuable consideration for the inclusion on the Programs of any such products or services or the mention of any manufacturers, retailers, wholesalers or providers of such products or services. Furthermore, I acknowledge that I have disclosed to the show producer any relationship or affiliation that I may have with any products or services or the manufacturers, retailers, wholesalers or providers of such products or services. I understand that it is a federal offense, unless disclosed to a ZoCo representative in writing prior to the broadcast of the Programs, to give or agree to give any member of the production staff anything of value for arranging for my appearance on the Programs.
5. I ACKNOWLEDGE THAT I MAY VOLUNTARILY DISCLOSE PERSONAL, MEDICAL AND/OR FINANCIAL INFORMATION ABOUT MYSELF DURING THE TAPING OF THE PROGRAMS AND I AGREE THAT YOU AND ANY MEDICAL PROFESSIONAL APPEARING ON THE PROGRAM MAY USE AND/OR BROADCAST SUCH DISCLOSURES IN ACCORDANCE WITH THIS GUEST RELEASE. I REPRESENT THAT ANY AND ALL STATEMENTS I MAKE ON THE PROGRAMS AND/OR OFF THE AIR TO REPRESENTATIVES OF ZOCO ARE TRUE AND NOT MISLEADING. I REPRESENT THAT I OWN OR CONTROL THE RIGHTS TO ALL MATERIALS I PROVIDE FOR USE ON THE PROGRAMS, INCLUDING PERSONAL PHOTOGRAPHS AND/OR HOME VIDEO, AS APPLICABLE, THAT I HAVE OBTAINED ALL NECESSARY RELEASES FROM THIRD PARTIES WHO APPEAR IN THE MATERIALS AND I GRANT YOU PERMISSION TO USE THEM IN ACCORDANCE WITH THIS GUEST RELEASE. THIS AUTHORIZATION SHALL REMAIN IN EFFECT UNTIL FIVE YEARS AFTER THE EXPIRATION OF ANY COPYRIGHT, INCLUDING ALL RENEWALS AND EXTENSIONS, RELATING TO THE PROGRAMS. I RECOGNIZE THAT I MAY REVOKE THIS AUTHORIZATION BY NOTIFYING THE SHOW PRODUCER IN WRITING, BUT THAT MY RIGHT TO DO SO WILL TERMINATE ONCE YOU ACT IN RELIANCE ON THIS AUTHORIZATION, WHICH SHALL BE THE COMMENCEMENT OF FILMING OF THE PROGRAMS IN WHICH THE INFORMATION IS DISCLOSED. I RECOGNIZE THAT THIS INFORMATION MAY BE SUBJECT TO REDISCLOSURE BY YOU AND OTHERS WHO MAY VIEW THE PROGRAMS. I FURTHER RECOGNIZE THAT BY REFUSING TO SIGN THIS RELEASE, I MAY NOT BE ELIGIBLE TO PARTICIPATE IN THE PROGRAMS.
6. I HEREBY INDEMNIFY YOU, Your officers, directors, agents, employees, affiliated stations, distributors and licensees (collectively, “Covered Persons”) against any and all damages, loss, claims, lawsuits, injuries, or costs (including outside attorneys’ fees) (collectively, “Claims”) arising out of my appearance on or participation in the Programs, the materials I supply, and/or my acts or statements off air or on the Programs. I UNDERSTAND AND ACKNOWLEDGE that the medical professionals on the Program are not Your agents, and that You are not responsible for their statements or advice. I HEREBY RELEASE YOU and Your Covered Persons from any Claims I may incur arising out of my participation in or appearance on the Programs and/or their permitted uses in accordance with this guest release.