Blink Exclusive Event

Appearance Release

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned participant (“Participant”) hereby authorizes Globe Biomedical, Inc. (“Producer”) and / or the distributor and / or exhibitor of the Program (as defined herein) (“Client”) and their parents, affiliates, subsidiaries, licensees, successors and assigns to make use of Participant’s appearance pursuant to the terms of this Release in connection with the Program being produced and in connection with Producer and / or Client or otherwise.

Participant hereby authorizes and agrees Producer may make audio-visual recordings, tape, photograph, and record Participant, Participant’s voice, conversations (including quotes, paraphrases, impressions and sounds, in telephone conversations or otherwise), including any performance of any musical composition(s), impression(s) / caricature(s) / parodies during and in connection with Participant’s appearance on the Program (“Appearance”). In addition, Participant authorizes and agrees Producer may use any and all materials provided by Participant or Participant’s representatives, including, but not limited to, any personal, publicity, social media, and / or other photos or videos (“Materials”). Participant acknowledges and agrees that Producer shall be the exclusive owner of all rights, title and interest (including, but not limited to, the copyright and intellectual property rights) in and to the results and proceeds of the Appearance (including all recordings and reproductions thereof), Participant’s name, voice, likeness, biographical information, life events and experiences, in and in connection with the Program and / or any episode or segment thereof or otherwise (including in an promotional videos, behind-the-scenes, making of, best of, clip, look backs and / or compilation material or similar type versions of the Program) and / or Producer, Client, and / or Client’s affiliated services (including, but not limited to, the promotion, advertising, sale, commercial tie-in, product integration, implied endorsement, and ancillary and subsidiary rights [e.g., DVD cover art]) in any manner via any medium now known or hereafter devised, throughout the universe, an unlimited number of times, in perpetuity. Participant hereby waives any right of inspection or approval of the Appearance or the uses to which such Appearance may be put and Participant expressly waives any and all rights of droit moral or similar rights Participant may have in connection with the Appearance. Participant agrees that Producer shall be under no obligation to actually use Participant’s name, voice, likeness, Materials, and / or Appearance as part of the Program, or to actually exhibit or otherwise exploit the Program. Participant further warrants and represents that any and all of Participant’s statements made in connection with the Appearance and / or Program are true, and that the statements and the Appearance will not violate or infringe upon the rights of any third party. Participant understands and agrees that the Appearance and any services provided hereunder are not subject to any union or guild agreements (such as SAG or AFTRA) applicable to talent services.

Without Producer’s and / or Client’s prior written approval, Participant agrees Participant will not (and will not authorize others to): {i} issue, authorize, participate or otherwise disseminate press releases, public statements, news stories, magazine articles, books, or other publicity or information of any kind relating to the Appearance, the Program, Producer, Client or any other their related or affiliated entities; {ii} disclose (including without limitation via oral or written communication, social media, electronic or any other means) any non-public information or trade secrets obtained or learned as a result of Participant’s participation in the Program, including, without limitation, any non-public information concerning or relating to the Program, the premise and concept, the host, the other participants, the events contained in the Program, the outcome of the Program, and / or the method(s) of production of the Program (“Confidential Information”); {iii} receive or generate any monetary advantage from the Appearance or any Confidential Information; {iv} use Producer’s and / or Client’s name, logo, trademark, or other propriety mark in any manner without Producer’s and / or Client’s prior written approval; or {v} use any camera, cell phone or recording device to photograph or record any Confidential Information or any activity related to the Program and Participant further agrees that in the event Participant captures such photographs and / or recordings, all rights thereto shall be exclusively owned by Producer as a “work-made-for-hire (or alternatively are hereby assigned to Producer). Without limiting the foregoing, Participant understands and acknowledges that the confidentiality obligations and publicity restrictions hereunder are in perpetuity and shall apply to any and all media whatsoever, whether now known or hereinafter devised. Participant acknowledges and agrees that any public statements or disclosure of Confidential Information in violation of the foregoing shall constitute and be treated as a material breach of the Release and may cause Producer and / or Client irreparable injury. In the event of such breach, Participant may be liable and Participant agrees Producer and / or Client shall have the right to utilize all available remedies under the law, including injunctive relief, as reasonable remedy for the significant harm which may be incurred by Producer and / or Client as a result of any unauthorized disclosure and / or breach of this Release. For the avoidance of doubt, Participant shall not file any trademark applications or register any internet domain names in connection with the Program without the prior written consent of Producer and Client. In the event, prior to the date of the Release, Participant has filed any trademark applications or registered any Internet domain names in connection with the Program, Participant shall assign in writing any and all rights in and to such applications and / or domain names to Producer and / or Client and agrees to execute all documents necessary to perfect such rights to Producer and / or Client, as applicable.

Participant acknowledges and agrees that Participant’s Appearance and participation in the Program is voluntary and at Participant’s own risk and Producer shall not be liable for any mental or physical harm or damage, whether personal, to property or otherwise, which Participant may incur by participating in the Program, including, but not limited to, participation in any physical and / or other activities. Participant further understands and agrees that during the Appearance, depictions, and / or portrayal of Participant in and in connection with the Program, Participant may reveal and / or relate, and / or other parties may reveal and / or relate, information about Participant of personal, private, disparaging, embarrassing, intimate or of any otherwise unfavorable nature to Participant and such information may expose Participant to public comment, ridicule or condemnation, which neither Producer nor Client control. Participant acknowledges and agrees that Producer and / or Client shall have the right to (a) include any such Information, Appearance, portrayal and statements in the Program as edited by Producer; and (b) exhibit, distribute, broadcast and otherwise exploit such Information and related materials in the Program and otherwise. Participant acknowledges that Producer will rely on these permissions potentially at a substantial cost and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.

Without limiting the foregoing, Participant hereby agrees that in the event of any breach of this Release by Producer, Participant’s sole remedy shall be an action at law for damages actually suffered, if any and Participant shall not seek to or enjoin the development, production, distribution and / or exploitation of the Program. Participant hereby agrees not to sue and irrevocably and unconditionally releases, waives and forever discharges Producer and Client and each of their past, present and future parents, subsidiaries (whether or not wholly-owned), affiliate and related entities, divisions, agents, representatives, employees, successors and assigns, jointly and individually (hereinafter collectively referred to as “Releases”), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which Participant (or its heirs, next of kin, assigns, agents and / or representatives) or any third party ever had, now has, or in the future may have against the Releases, including, but not limited to claims arising out of or related to the uses described herein, the Program, the Appearance in the Program, including but not limited to libel, slander, defamation, invasion of any rights of privacy, right of publicity or personality, intentional infliction of emotional distress, negligent infliction of emotional distress, or violation of any other right. Participant further agrees that Participant shall be liable for any attorney’s fees and costs incurred by Producer in connection with any claim or lawsuit brought in violation of this Release.

This Release sets forth the entire agreement between Producer and Participant with respect to the subject matter hereof, supersedes all prior or contemporaneous understanding of the parties, and may not be altered or amended except in writing signed by both parties. Participant acknowledges that in entering into this Release, Participant is not relying upon any promises or statements made by anyone about the nature of the Program or the identity of any other participants or persons involved in the Program. This Release and the validity, construction and enforceability of this Release shall be governed in all respects by the law of the State of California without regard to its conflicts of law principles. This Release shall control in the event of a conflict with any other agreement between the Parties with respect to the subject matter hereof. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. Any unresolved controversy or claim arising from or relating to this contract or breach thereof shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If all parties to the dispute agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.

Participant has read and understands this Release and agrees to the provisions contained herein. Producer shall have the right at any time to assign or otherwise transfer this Release, in whole or in part, or any or all of Producer’s rights or obligations hereunder to any third party. This Release may not be assigned transferred or encumbered by Participant, in whole or in part, by operation of law or otherwise, without Producer’s prior written consent, and any such assignment without Producer’s consent will be deemed ineffective.