I understand, satisfy, and agree to be bound by Rock the Fork’s “Culinary Battles”, Top Chef Challenges and other Culinary Programming, (“Program(s)”) Official Rules and Eligibility Requirements and the instructions of Rock the Fork Presents, LLC d/b/a Rock the Fork (“Network”),its employees, the producer of the Program (“Producer”), and consultants. All information provided on this Participant Application is true and accurate and any false or misleading information submitted by me is grounds for my immediate elimination from consideration. I have answered and will answer all questions posed to me in connection with my Application honestly and accurately. I acknowledge and agree that (i) neither Network nor Producer has an obligation to interview me or select me as a participant in either Program; (ii) if Network cancels either Program or elects not to tape either Program, neither Network, Producer, nor any third party will have any obligation to me; (iii) Network shall have no obligation to air the Program; (iv) all decisions concerning the selection of the participants and all aspects of the Program (including, but not limited to, any judging and/or voting in conjunction with the Program or any aspect related thereto) shall be in the sole discretion of Network and/or Producer, are final, and are not subject to challenge or appeal.

By submitting my Participant Application, I grant to Network, Producer, and/or any of their respective licensees, assigns, parents, agents, subsidiaries, affiliated, or related entities (the “Released Parties”) the right to record, reproduce, distribute, display, perform, adapt, modify, advertise, market, promote, publicize, advertise, exploit, or otherwise use in any and all media whether now known or hereafter devised, in whole or in part, throughout the universe in perpetuity in any and all languages (i) my name, voice, likeness, silhouette, performance, personality, and biographical material (collectively, “Likeness”), (ii) any materials (e.g., videos, photographs) that I may have provided in connection with my Participant Application or for participation in the Program (“Application Materials”); and (iii) any photos and video or recordings of any kind that Network and/or Producer will make of me in connection with the Program and my Participant Application (“Original Materials,” and collectively with Likeness and Application Materials, the “Materials”). I grant the rights hereunder whether or not I am selected to participate in the Program in any manner whatsoever. Released Parties shall own the Original Materials.

By submitting my Participant Application, I authorize Released Parties to conduct civil, family court, criminal, financial, driver history, and any other type of background check deemed necessary by Network. Network reserves the right at any time in its sole discretion to disqualify any applicant from further consideration and/or participation in any Program or the application process based on the results of such background check.

Network and/or Producer may disclose any information contained within or derived from my Participant Application to third persons connected with the Program and to compile information from third parties in connection with such Participant Application and the application process about applicant's background, personal views, and opinions about life, food, television, the media, and the like (collectively, “Personal Information”). Network and/or Producer may reveal such Personal Information to third parties in the course of the application process and/or the Program and I hereby release, discharge, and holds harmless the Released Parties from any and all claims and damages arising from such compilation or disclosure of Personal Information.

Network reserves the right to use the Participant Application and Application Materials to evaluate me as a possible participant in programs other than the Programs (“Other Programs”) and to share all such materials with Network’s third-party networks (Tastemade, Tasty, etc) for similar evaluation. Neither Network nor its third-party networks are under any obligation to consider me as talent for Other Programs and any such agreement regarding services to be provided with respect to the same (if any) shall be subject to separate good faith negotiations between the applicable parties.

I understand that activities and events arranged by Network and/or the Producer may be related to working and performing in a kitchen (including, but not limited to, stoves, ovens, knives and other kitchen equipment), as well as on location, at catering events, festivals, on television sets, and the like may expose me and others to the risk of serious injury, illness, disease, property damage, and/or death. I accept and assume all risks known or unknown of any nature (including, without limitation, the foregoing) that may arise in any way from or relate to my participation in the selection process for and/or participation in a Program. Neither Network, Producer, nor any third party shall provide or be obligated to furnish any type of insurance coverage to me in connection with the selection process and/or participation in a Program.

I agree not to make any claim against the Released Parties for use of the Materials or Personal Information and hereby release, discharge, and hold harmless the Released Parties from any and all claims including, without limitation, claims for slander, libel, defamation, violation of rights of privacy, publicity, personality, and/or civil rights, depiction in a false light, intentional or negligent infliction of emotional distress, copyright infringement, and/or any other tort and/or damages arising from or in any way relating to the submission of a Participant Application, participation in the selection process, participation in a Program, the use of Personal Information, and/or Materials as provided herein.

I agree that I am not and will under no circumstances as a result of the submission of a Participant Application, participation in the selection process, participation in the Program, the use of the Personal Information or Materials as provided herein, or for any other reason in connection with my application and/or participation in the Program, become an employee or an independent contractor of the Producer and/or Released Parties and will not make any claims against Producer and/or Released Parties, including, without limitation, claims for compensation or benefits, derived from any allegation of status as an employee. I acknowledge and agree that my relationship to Producer and/or Released Parties is and shall be limited solely to that of a grantor of rights.

This agreement shall inure to the benefit of the parties hereto and their respective heirs, successors, representatives, assigns, and licensees. Network or Producer may assign this agreement to any of its parent, subsidiary, affiliated, or related companies. I shall not have any right to seek any injunctive or equitable relief whatsoever against the Program, the Released Parties, or in connection with any other production of the Released Parties.

This Release and Waiver shall be construed under and governed by the laws of the State of California, without regard to the conflict of law rules thereof. The parties hereby submit to the jurisdiction of the state and federal courts of the State of California, Los Angeles County for the purpose of resolving any dispute arising out of or resulting from this agreement.

I agree that I have read and understand this agreement, that no oral representations of any kind have been made to me, and that this agreement and the provisions of the Official Rules state our entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by me and an authorized representative of Network. Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and this agreement with such provision or part thereof omitted, shall remain in full force and effect. This agreement shall at all times be construed so as to carry out the purpose hereof.

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I hereby grant to Rock the Fork Presents, LLC and its parents, subsidiaries, licensees, successors, and assigns (collectively, “Producer”) the right to use in and in connection with the Rock the Fork Network program tentatively entitled “Culinary Battles”, “Culinary Classics” or other Culinary Programming” (“Program(s)”) any of the materials submitted in connection with this application (which may include still photographs, video and/or film footage, paintings, pictures, slides, posters, letters, books, newspapers, statuary, art, exhibits, graphics, logos or any other objects) as well as any related names, trademarks, service marks, trade names, logos, copyrighted material and/or other materials that I have furnished to Producer (collectively, the “Materials”).

I agree that Producer shall have the right to make video and/or audio tapes, photographs, films and/or recordings of the Materials (collectively, the “Recordings”) and that Producer shall own all rights, including copyright, in the Recordings and the results and proceeds of such Recordings. Producer shall forever have the right to use, and license others to use and sublicense, the Recordings, in whole or in part, an unlimited number of times, in all languages, in any and all media (whether now known or hereafter devised) anywhere in the world, and in connection with the advertising, sale, promotion, marketing, merchandising, distribution, and any and all other types of exploitation of the Program, Producer and any of its products, other programs, and services, or otherwise. Producer shall have the right to refer to the Materials by their correct and/or their commonly recognized name(s). Producer shall have the right to edit the content and text of the Recordings in any manner or form and I waive any right to inspect or approve of any use of the Recordings.

I waive the right to seek injunctive relief that I may have in connection with this Materials Release. I hereby release, discharge, and hold harmless Producer 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 any other matter arising from any use of the Recordings. I represent and warrant that I have the right to enter into this Materials Release, that the permission of no other person is needed in order for me to grant the rights in this Materials Release to Producer and that neither I nor anyone acting for me gave, or agreed to give, anything of value to any officer, director, employee or agent of Producer to secure the inclusion of the Materials in the Program. I further represent that Producer’s use of the Materials as permitted herein will not violate or infringe upon the rights of any third party.

I recognize that Producer is relying on my representations and warranties and the rights I am granting in this Materials Release and that a breach thereof would cause Producer irreparable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law; therefore, I hereby expressly agree that Producer shall be entitled to injunctive and other equitable relief to prevent and/or cure any breach or threatened breach of this Materials Release by me.

I agree that no sum shall be due to me for execution of this Materials Release and Producer shall not be obligated to pay me or any third party any sum whatsoever, regardless of the time or method of any future use of the Recordings.

All provisions hereof concerning the Recordings, the Program and the potential inclusion of the Materials in the Program shall be kept strictly confidential by me and my representatives. Neither I nor my representatives shall issue any press releases or public statements about the Program and/or Producer without Producer’s prior written permission.

Producer is not obligated to actually use the Materials and the Recordings or produce the Program. This Materials Release shall be governed by the laws of the State of California (excluding conflicts of law principles), regardless of the place of its physical execution and shall be binding on my legal representatives, heirs, and assigns. The parties hereby submit to the jurisdiction of the state and federal courts of the State of California, Los Angeles County, for the purpose of resolving any dispute arising out of or resulting from this Materials Release. I shall not raise, and hereby waive, any defenses based upon improper venue, inconvenience of the forum, lack of personal jurisdiction or the sufficiency of service of process. This Materials Release represents the entire understanding and supersedes all prior understandings between the parties relating to the subject matter herein.

I shall not disclose or authorize others to disclose to any third party any information concerning any of the Rock the Fork Culinary Battles, Culinary Classics or Culinary Programming, and/or any of Producer’s or Rock the Fork Network’s operations or programming or other services, except as expressly permitted by the Production Company and/or Network in writing. I shall not disclose or authorize others to disclose to any party any information obtained or learned as a result of my application for Rock the Fork Culinary Battles, Culinary Classics or Culinary Programming, including without limitation any information concerning or relating to Rock the Fork Culinary Battles, Culinary Classics or Culinary Programming, the performers, participants, the events, the outcome of the episodes or any of the other narrative details of the program.