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HomeMy WebLinkAboutItem 06.j Date: Item No. AGREEMENT TO PARTICIPATE IN THE TELEVISION SHOW “TOP DOG” Proposed Action Staff recommends adoption of the following motion: Move to enter into a Participation Agreement for K-9 Tank and Officer Loeffler to participate in A&E’s America’s Top Dog television show. Overview America’s Top Dog is a national K-9 competition, airing on A&E. This will be the second season of the highly successful show. It brings together five top K-9 teams, from around the country, and one civilian dog team to compete on the ultimate K-9 course. Filming occurs in Los Angeles. Officer Loeffler was informed of the show by Fargo Police Department Officer Cochran. He and K-9 Falco, a litter mate of Tank’s, participated in Season One of Top Dog. They won their episode. Officer Loeffler filled out an online application, including photos and video of he and Tank. He also participated in phone interviews and a 90-minute video interview with New York producers, before being selected as a Finalist. Primary Issues to Consider • Should K-9 Tank and Officer Loeffler make the show, A&E will incur the costs to fly them to Los Angeles. Other than their time away, there is no cost to LPD for their participation. • With COVID-19 unresolved, there is no set timeline for filming. • Excellent public relations for LPD’s K-9 Unit, LPD and the entire City. • If K-9 Tank and Officer Loeffler won their episode, LPD’s K-9 Unit would receive a $10,000 cash prize and Officer Loeffler would be allowed to name a non-profit organization of his choice to receive a $5,000 cash award. • If K-9 Tank and Officer Loeffler won the championship, LPD’s K-9 Unit would be awarded a $25,000 cash prize and Officer Loeffler would be allowed to name a non-profit animal organization of his choice to receive a $10,000 cash award. Supporting Information • None Financial Impact: $ 0 Budgeted: Y☐ N☒ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Jeff Long, Police Chief May 04, 2020 1 DO NOT SIGN THIS UNTIL YOU HAVE READ IT AND UNDERSTAND IT COMPLETELY The below Participant Release Agreement (“Agreement”) will confirm the details of potential participation of the City of Lakeville as the owner of a police department dog or K-9 (“Dog”), dated and with effect from _____________ (the “Effective Date”), between the City of Lakeville (“City”) and Producer (as defined below) with respect to Producer’s Program (as defined below). All references to “I”, “me” or “my” below shall be defined as the owner of the Dog, which will include the City, for the purposes of granting all permissions hereunder. It is understood and agreed between the parties that a police officer involved with or employed by City may participate as an on-camera participant in the Program in the owner’s place as the handler of the Dog (“Dog Handler”) and not as a competitor. For the avoidance of doubt, in the event such Dog Handler participates in the Program on behalf of the City along with the Dog, the Dog Handler would be subject to the obligations and rights as set forth herein, and entitled to the travel as set forth below provided the Dog Handler is traveling with the Dog, however the Producer and City acknowledge and agree that the Dog Handler would not be entitled to any portion of the Prize. Participant Release Agreement I have volunteered myself and my dog (“Dog”) to participate as potential participants (“Participant”, which for clarity, may refer to human and/or dog participants) on the television program currently entitled “Top Dog” (the “Program”) produced by Big Fish Entertainment, LLC, located at 5 Times Square, Floors 9 & 10, New York, NY 10036 (“Producer”) and for possible initial exhibition on any programming service owned, controlled, licensed or distributed by A&E Television Networks, LLC (“Network”). I understand that as part of my and my Dog’s participation in the Program, I have agreed that my Dog shall participate in a physical competition in and in connection with the Program and I acknowledge and agree that Producer has generally advised me in advance of the intended nature or manner of my and my Dog’s participation in the Program. I understand and acknowledge that my Dog shall be the one competing as a Participant in the Program. Over the course of the competition, I understand that the Participants shall have the opportunity to win Prizes (as defined below) throughout the Program. I understand that in consideration of my participation and my Dog’s participation in and in connection with the Program and all rights granted by me herein, Producer shall provide me with an all-inclusive stipend in the amount of Seven Hundred Fifty Dollars ($750) in connection with my services and my Dog’s services on the Program (“Stipend”), and I understand and acknowledge that I shall not be entitled to any Stipend, allowance or any other consideration, in the event that I am disqualified from the Program or voluntarily discontinue my participation in the Program for any reason. As an inducement to Producer considering me and my Dog as a Participant on the Program, I am making certain material statements, representations and promises in this Participant Release Agreement (“Agreement”). I understand that Producer may require me to forfeit my and my Dog’s appearance on the Program, any Prize or Prizes, as defined hereinbelow, and/or the Stipend, if any of my statements or representations are false, if I break any promise, or if I fail to abide by this Agreement in any way, and Producer may make any announcement that Producer chooses, on- air or otherwise, in order to explain or disclose any false statement(s) or broken promise(s). In the event such Dog Handler participates in the Program in my place along with the Dog, I agree to use good faith efforts to assist Producer in securing the releases and permissions from the Dog Handler required by Producer in connection with such participation. In such event, the Dog Handler would be subject to the obligations and rights as set forth herein, and entitled to the travel as set forth below provided the Dog Handler is traveling with my Dog, but Producer and I acknowledge and agree that the Dog Handler would not be entitled to any portion of the Prize. In the event I wish to share any portion of the Prize with the Dog Handler, such agreement to share shall be between myself and Dog Handler and shall be separate and apart from this Agreement. Additionally, notwithstanding anything to the contrary in the foregoing, in the event I own more than one Dog who is chosen to participate in the Program by Producer, this release shall apply to such Dogs individually and collectively, and it is understood and agreed that there may be multiple Dog Handlers participating in connection therewith, provided that I shall be entitled to an additional Stipend for each additional Dog which participates in the Program. The obligations of Producer under this Agreement are expressly conditioned upon, and subject to, the following conditions precedent: (a) Producer’s receipt of fully-executed originals of this Agreement (including all exhibits hereto); (b) my compliance with all governmental requirements including, but not limited to, completing, signing and delivering to Producer all required tax and immigration forms (if and as applicable); (c) Producer’s receipt of any and all information and documentation required or requested by Producer in connection with statutory record- 2 keeping and identification verification regulations and requirements; and (d) at Producer’s election, a review and acceptance by Producer of one or more customary background checks of me (if and as necessary). In consideration of Producer allowing me to participate in the Program, I make the following grant of rights, representations, warranties, disclosures, covenants and agreements: 1. Eligibility Requirements: I represent, warrant and agree to the following: (i) I am at least eighteen (18) years of age by the date of the production and recording of the Program; (ii) I am a U.S. Citizen, permanent resident or otherwise legally able to work in the United States; (iii) neither I nor any member of my immediate family or anyone living in my household is currently employed by or has been employed within the last two (2) years by, or is a close acquaintance of anyone employed by or employed within the last two (2) years by, Producer and/or Network; and (iv) my Dog has a sustained level of fitness and is able to take part in activities of a physical and strenuous nature. In addition, I acknowledge and agree that Producer and/or Network has the sole discretion to render ineligible any person who, Producer and/or Network determines is sufficiently acquainted with any person or entity connected with the production, administration or judging of the Program that such person’s participation in the Program could create the appearance of impropriety. Conversely, Producer and/or Network reserves the right to allow any person to remain part of the Program who may have a connection with the Program or any of the Producer Affiliates if, in Producer’s and/or Network’s sole discretion, Producer and/or Network determines that such person’s involvement in the Program does not and will not affect the integrity of the Program. 2. Travel: I understand that if my Dog and I are selected by Producer to be a Participant on the Program, and/or if my Dog and I are selected by Producer to be brought to the production location to participate in the competition, and such production location is more than seventy-five (75) miles from my permanent residence, Producer shall provide the following on an if-available, if-used basis: coach round-trip by air, otherwise via ground; and standard accommodations (covering room and room tax only) while I remain as a Participant on the Program at the production location. All applicable travel arrangements shall be made through Producer’s location or travel department. Notwithstanding the foregoing, in the event my Dog and I require special/bulkhead or window seating together via air transportation, Producer will work with me to ensure that my Dog and I have any such required seating. 3. Rights/Ownership: I hereby grant Producer, Network, including but not limited to any television station or channel, website, SVOD, cable network, or satellite network that exhibits the Program, and each of their respective successors, licensees, and assigns, the irrevocable and perpetual right and license to photograph, film, tape, and make video and sound recordings of me and my Dog and my and my Dog’s appearance as a Participant on the Program, and/or to use these photographs, film, tapes, and video and sound recordings, as well as my and my Dog’s likeness, voice, name, biographical information/material that I provide, and any remarks that I may make, in and in connection with the Program, including, without limitation, the production, distribution, exhibition, advertising, publicizing, promotion, marketing, merchandising, or other exploitation of the Program, in whole or in part, throughout the universe, in any manner, by any method, and in any and all media, whether currently existing or hereafter developed (including, without limitation, the Internet and mobile devices), in perpetuity. For the avoidance of doubt, Producer and I acknowledge that there may be certain confidential information about me or my Dog that I cannot turn over for the Program, and in that case, I will notify Producer at such time. I acknowledge and agree that all phases of the Participant selection process for the Program may be recorded (video and/or audio), and I expressly consent to such recording of me and my Dog. I hereby grant Producer and its designees, the irrevocable and perpetual right and license to use any and all information and/or materials I have supplied or may supply including my appearance or that of my Dog in connection with the Program, any and all material that I may create, or participate in the creation of, in connection with the Program. I shall cooperate by making available and furnishing any information or material that is requested of me. I agree that the broadcast or other exploitation of the Materials and/or the Program in which my Dog and/or I may appear will not entitle me to receive any payment or any other consideration of any kind whatsoever, except as expressly provided for herein. Any and all information I have supplied or may supply to Producer in interviews, in the applications for the Program or otherwise (including biographical information, photographs or any recordings of me, my Dog and/or others, and any other materials), any and all other information Producer has received or will receive from other sources, my and/or my Dog’s appearance, actions, voice and sound effects in connection with the Program, and the results and proceeds of my and my Dog’s participation in the Program (including, without limitation, me/my Dog, my/my Dog’s actions, voice and sound effects), and any reproductions or recordings of any nature of any of the foregoing, in whole or in part, shall be referred to as the “Material(s).” The Materials are and shall be deemed to be “works-made-for-hire” specially ordered or commissioned by Producer 3 pursuant to the United States Copyright Act. Accordingly, Producer is and shall be considered the author and, at all stages of completion, the sole and exclusive owner of the Materials and all right, title and interest therein. If any of such Materials are not deemed “works-made-for-hire,” I hereby irrevocably assign to Producer the entire copyright and all other rights in and to such Materials (and where any such Materials 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. The Materials (including, without limitation, my and/or my Dog’s appearance therein) may be used, broadcast, exhibited, distributed, advertised, publicized, promoted or otherwise exploited by such means and for such purposes (including without limitation commercial tie-ins, merchandising, publishing and any and all other commercial and non-commercial purposes) and in any and all media, now known or hereafter devised (including without limitation television [whether free, pay, cable, satellite or otherwise], theatrical, non-theatrical, cassettes, discs and other home video devices, radio, the Internet and other on line or computer-assisted media, and print media, including digitized versions) as Producer designates, throughout the universe, in perpetuity, at any time and from time to time, whether as part of the Program (including, without limitation, any broadcast season of the Program) or otherwise. The Materials may be edited, altered, cut, rearranged, adapted, dubbed or otherwise revised or modified for any such purposes by Producer in its sole discretion, without any payment to me or any other consideration of any kind whatsoever and without liability of any kind, and I waive the exercise of any “moral rights” and “droit moral” and any analogous rights however denominated in any jurisdiction of the world. Producer will own any so called “rental and lending rights” or similar rights. For the purposes of clarification herein, I hereby represent and warrant that I have the right (without permission from or payment to any third party) to grant each and all of the foregoing rights on my own and on behalf of all others who appear in the videotape(s) or photograph(s) that I have supplied and/or who have supplied information contained in the Materials. 4. Services/Participation: I understand that my and my Dog’s appearance as a Participant is subject to Producer’s sole discretion. If my Dog and I are selected by Producer to be a Participant in the Program, I agree to participate, and that my Dog shall participate, as a Participant in connection with the production of the Program as and to the extent required by Producer or the Network on such dates and at such locations as Producer or the Network shall designate in their sole discretion, and which dates and locations Producer or the Network may change in their sole discretion. It is currently contemplated that, if selected by Producer to be a Participant, I would be required to participate commencing on a date determined by Producer, and continuing until the completion of my and my Dog’s participation in the competition and/or the Program, provided such commencement date shall be subject to change. It is currently intended that my and my Dog’s participation in the second production season of the competition and/or Program would not be required beyond 2020, subject to change based on the competition and my Dog’s performance therein. I understand and agree that Producer shall have the right to require me and/or my Dog to appear in additional episodes of the Program (including, without limitation, in any broadcast season of the Program, regardless of the broadcast season for which my Dog and I were originally considered and/or selected as a Participant) and the terms of this Agreement shall continue to apply, provided that Producer will consult with me on the scheduling of my potential participation on any such additional broadcast seasons or episodes. Additionally, in consideration of Producer’s selection of me and my Dog as a Participant (if any) and as an inducement thereto, my Dog and I will be available and will participate as, when and where Network and/or Producer may require in connection with any promotion, marketing, advertising, publicity, interviews and similar matters (e.g., appearing on news shows, morning shows, talk shows, specials, live show(s), reunion show(s) featuring Participants from the Program, and making other appearances as required by Network and/or Producer in connection with the Program, including, without limitation, appearances and participation at TCA, Network upfronts, digital marketing content, appearing in institutional advertising and other promotions for Producer and/or Network), provided that any promotion, publicity or marketing appearances in connection with the Program which occur outside of the production period shall be subject to my professional availability as well as that of my Dog. I agree to abide by all reasonableguidelines and restrictions that may be provided to me from time to time by Producer and/or Network in connection with the promotion, marketing, advertising and publicity of the Program and in connection with all merchandising, publishing, endorsements, auditions, appearances and media opportunities. For the avoidance of doubt, Producer may halt, suspend, terminate or cancel production of the Program at any time, for any reason, in its sole discretion, without any obligation to me whatsoever. I understand that my/my Dog’s success or failure in the Program may be affected by my choices in connection with the Program and the amount of any winnings I may receive may be affected by the actions of Producer and its employees, host and/or other Participants (including other dogs). Without limiting the generality of the foregoing, I understand and acknowledge that I will be solely responsible for any and all decisions that my Dog and/or I make during my participation in the Program. I understand and acknowledge that if my Dog and I are selected 4 to compete as Participants, then I will remain with my Dog, at all times during production, and I will act in an advisory capacity during the Program and I will be responsible for the safety of my Dog during all production periods outside of the Activities (as defined below). In connection with publicity and promotional services under this paragraph (if any) if required by Network, Network shall provide travel/accommodations in accordance with Network’s customary travel parameters. 5. Exclusivity: I agree that, for the period commencing with the date of this Agreement and continuing through and including one (1) year after the initial exhibition of the last episode of the Program in which my Dog and I may appear, I shall not apply to or appear (and nor shall my Dog appear) on any unscripted programming (including game shows and competition shows) in any media without Producer’s and Network’s prior written consent (which consent may be given or withheld at Producer’s and Network’s sole discretion) in each instance, excluding news programming, dog/k9 certification programs or training, and programming covering the activities of City produced for exhibition on City’s website which shall not violate my exclusivity hereunder.. 6. Plugola/Payola: I shall not mention or “plug” any commercial product or service on the Program. I have not paid or accepted any money or other valuable consideration in connection with my and/or my Dog’s appearance on the Program, or authorized anyone else to do so. I am aware that payment or acceptance of, or agreement to pay or accept, any money or valuable consideration for the appearance of any person or the mention of anything on the Program without disclosure to the broadcaster prior to exhibition is a federal offense punishable by fine and imprisonment. I agree to immediately notify Producer and Network if anyone tries to induce me to accept any such payment. 7. Acknowledgement of Risk: I understand the Program involves individual dogs participating in physical stunts, challenges or otherwise demonstrating other skills and/or participating in activities related thereto, including, but not limited to, completing various physical activities, physical training and competition, moving at high speeds, racing, navigating obstacle courses and various challenges, obstacle courses, racing/participating on terrain which may be hard, soft, inclining, declining, rocky, muddy or uneven in nature and being around and competing against other Participants (collectively, “Activities”). I understand, acknowledge and agree that I have freely elected to allow my dog to participate in the Activities as part of my and my Dog’s participation in the Program and accordingly, I acknowledge and agree that the Activities have the potential for harm, loss, physical and mental injury, emotional distress, death, disability, and loss or damage to me and/or my Dog and may be hazardous, strenuous and may cause me and/or my Dog serious injury. I represent and warrant that my Dog and I are physically fit and able to participate in, and are mentally capable of, participating in the Activities. I further agree that such Activities may be filmed, taped, photographed and recorded by Producer for possible inclusion in the Program. Producer may halt, terminate or cancel the Activities during the production of the Program at any time, for any reason, in its sole discretion, without any obligation to me whatsoever. Producer has made no representations or warranties of any kind regarding my or my Dog’s qualifications, ability or fitness to participate in the Activities or the Program or regarding others’ (including other dogs’) qualifications, abilities or fitness to participate in the Activities or the Program. I acknowledge and agree that the other Participants participating in the Program may have more training, athletic ability, and/or professional training than myself and/or my Dog, and that Producer has made no representations or warranties of any kind regarding the qualifications of other Participants and how they compare to my and/or my Dog’s skill level in such Activities in terms of my and my Dog’s participation in the Program. The foregoing is not an exhaustive list of the risks, hazards and dangers to which my Dog and/or I may be exposed as a result of my and my Dog’s participation in the Program. I acknowledge and agree that I understand the risks, hazards and dangers regardless of whether they are detailed in this Agreement. Notwithstanding the foregoing, Producer and I understand and acknowledge that my Dog is participating in such Activities as a result of being a Participant on the Program, and because of that and the fact that I am voluntarily permitting my Dog to participate in the Activities, in the event I feel any of the Activities will negatively impact me or my Dog or cause injury to me or my Dog, I shall voice such concerns to Producer regarding my Dog’s continued participation or in the event I believe I or my Dog cannot continue. Additionally, my Dog and I (or Dog Handler as applicable) shall be covered under Producer’s general liability insurance policy applicable to the Program, subject to the restrictions, limitations, exclusions and other provisions contained in such policy, for claims arising within the scope of my and my Dog’s participation hereunder. 8. Publicity/Confidentiality: (a) Any publicity, paid advertisements, press notices or other information with respect to this Agreement and any of the Program and terms referred to herein shall be under the sole control of Producer and/or Network. 5 Therefore, I shall not consent to and/or authorize any person or entity to release such information without the express prior written approval of a Network officer (email shall be considered sufficient for the purposes of this paragraph). (b) (b) Except if required by law, I shall at all times keep the terms of this Agreement confidential. I shall not disclose, in perpetuity, to any third party any information to which I had or will have access to concerning the Program, including without limitation, the premise and title of the Program, any information concerning or relating to the Program, participants, the events contained in the Program, the outcome of the Program or any of the other details of the Program, my involvement with Network or the Program, and/or any of Producer’s or Network’s operations or programing, except as required to fulfill my obligations hereunder, as expressly permitted by Producer in writing or as required by law. I acknowledge and understand that I shall not make any derogatory comments or statements of any kind in any media regarding any of the following: Producer (including but not limited to his employees and/or agents), Network (including but not limited to its employees, agents, its programming services and/or any of its programming), and/or the Program (including, but not limited to, any of my fellow participants and/or the production thereof). I acknowledge and agree that I shall never make use of any “Social Media” (e.g., Facebook, Twitter, Flickr, Tumblr, Instagram, Viggle, YouTube, LinkedIn Google+, Pinterest, or any similar social media and/or social networking source, platform, technology, application, outlet or website), in connection with the Program whatsoever (including, but not limited to, mentioning Producer, Network, any of its programming services, and/or any of their executives and/or agents) without Network’s prior written approval. I agree to comply with the terms of use of any Social Media websites that I am expressly permitted to use hereunder. The foregoing shall not be deemed to prohibit me from issuing personal publicity solely concerning me or publicity solely concerns the City that incidentally mentions the Program, provided the same occurs after the initial press release in connection with the Program (if any), is of a non-confidential nature, and does not mention the Program, any personnel engaged in connection therewith, Producer, or Network in an unfavorable or derogatory manner. (c) WITHOUT DETRACTING FROM THE FOREGOING, I AGREE, EXCEPT AS MAY BE REQUIRED BY LAW, THAT I WILL NOT REVEAL TO ANY PERSON OR ENTITY (OR AUTHORIZE ANYONE ELSE TO REVEAL) THE OUTCOME OF THE PROGRAM OR ANY OTHER DETAIL OF THE SERIES UNTIL AFTER THE FINAL EPISODE OF THE PROGRAM IN WHICH I AND/OR MY DOG APPEAR HAS BEEN PUBLICLY EXHIBITED FOR THE FIRST TIME. I UNDERSTAND AND ACKNOWLEDGE THAT VIOLATING THE PROVISIONS IN THIS SECTION CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT. The terms and conditions of this Section shall survive the termination or expiration of this Agreement. Initial here 9. I AM AWARE THAT IT IS A FEDERAL OFFENSE PUNISHABLE BY FINE AND/OR IMPRISONMENT FOR ANYONE TO RIG THE OUTCOME OF THE PROGRAM WITH THE INTENT TO DECEIVE THE VIEWING PUBLIC, AND THAT IT IS A FEDERAL OFFENSE TO OFFER OR ACCEPT ANY SPECIAL ASSISTANCE IN CONNECTION WITH THE PROGRAM. I AGREE THAT I WILL NOT PARTICIPATE IN ANY SUCH ACT OR IN ANY OTHER DECEPTIVE OR DISHONEST ACT WITH RESPECT TO THE PROGRAM. IF ANYONE TRIES TO INDUCE ME TO DO ANY SUCH ACT, I SHALL IMMEDIATELY NOTIFY A REPRESENTATIVE OF PRODUCER AND/OR A REPRESENTATIVE OF NETWORK. 10. Official Rules: I agree that I and my Dog will obey all rules for the Program as reasonably determined by Producer (“Official Rules”). I understand that Producer and Network reserve the right to change, add, delete from, modify or amend the Official Rules, elements of the Program and/or the Activities, including eligibility for, the granting or withholding of, the existence of, and the amount of any Prizes in their sole discretion, at any time, including, without limitation, while my Dog and/or I are participating on the Program. I agree to cooperate and to follow all reasonable directions of Producer and Network. Except as otherwise provided for herein, Producer's decisions on all discretionary matters (including, without limitation, the Activities, Official Rules, studio audience, participant and/or alternate selection and all decisions relative thereto) shall be final and not subject to appeal or other challenge. I understand, acknowledge and agree that any Prizes will be awarded in accordance with the Official Rules, and that elements of the Program and/or the Activities may or will involve the subjective evaluations and determinations of any judges, hosts, participants, the studio audience (if any), Producer, and/or Network. I understand that the Program may involve one or more contests or challenges, which may occur throughout my and my Dog’s participation on the Program (the “Challenges”) for which Prizes may or may not be awarded. I understand that any such Challenge may involve Participants competing individually or as members of a team, as Company may designate 6 in its sole discretion and as further detailed in the Official Rules. I agree that during the Challenges, any Prizes that may be awarded, if any, shall be subject to such procedures and rules as established by Producer and/or Network, including the Official Rules, and that the Challenges may have rules specifically applicable to any such Challenge in which my Dog and/or I participate (“Challenge Rules”), as may be changed, modified or amended at any time, with or without notice, and which shall be considered included within the Official Rules. The Challenge Rules, if any, may not be provided to me until I am at the filming location and may be provided to me solely in a verbal manner by Producer or by other Program participants. I understand that in the event of a malfunction, interruption, discontinuation, disruption or dispute of any nature whatsoever affecting any Program activity, Producer’s and/or its designees’ decision with respect to the handling of such event shall be final and binding and not subject to challenge, appeal or limitation (except as may be required by law). In addition, if any activity on the Program is halted for any reason, I must abide by Producer’s reasonable decision regarding the resumption of the activity and disposition of cash and/or other Prizes, if any, including, without limitation, any cash and/or other Prizes that I may have accumulated up to the point that my, my Dog’s, or any other activity on the Program has been halted. I understand that Producer reserves the right, in its sole discretion, to change, add to, delete from, modify or amend any and all of the terms, conditions and rules of the Program (including without limitation the Official Rules) affecting the conduct of the participants on the Program, the Program activities, and the granting of Prizes, if any. Furthermore, in the event of a malfunction of any nature whatsoever affecting the Activities, the production of the Program and/or the awarding of cash and/or prizes, Producer's decision, within Producer’s good faith discretion, with respect to handling of such malfunction, including, but not limited to, the awarding of cash and/or other Prizes, if any, shall be final. Additionally, I shall abide by any code of conduct or other terms and conditions provided by Producer in connection with the Program. 11. Standards of Participation: I will conduct myself at all times for the duration of my and my Dog’s participation on and in connection with the Program and during the term of this Agreement in a mature, civil, and respectful manner which will not be deemed embarrassing, or detrimental to the Program, Producer, the production staff, the other Participants and participants, Network, the host(s), advertisers, sponsors and their advertising agencies, any other entities, employees thereof or individuals connected with the Program (collectively, “Affiliated Parties”) and/or any member of the general public. I will abide by all reasonable participant rules of conduct and I will not and will not allow my Dog to harass, intimidate or threaten anyone with whom I am in contact in connection with my and my Dog’s participation in the Program and/or otherwise, including, without limitation, any Affiliated Parties and/or any member of the general public. If I commit any act(s) of moral turpitude and/or engage in conduct violating Federal, state or local law(s), or if Producer and/or Network becomes aware that I have previously committed any such acts and/or has engaged in behavior that either entity determines brings or may bring me and/or any Affiliated Party(ies) into widespread public disrepute, scandal or ridicule or which reflects or may reflect unfavorably upon me and/or any Affiliated Party and/or any member of the general public, then Producer shall be entitled to take any action that Producer deems appropriate, including, without limitation and as applicable, removing me and my Dog from consideration as a Participant in the Program, removing me and my Dog from the Program, withholding any Prizes or other goods, services or money to which I may have been entitled, and requiring me to return any Prizes or other goods, services or money I may have already received provided that any travel and related expenses shall not be required to be returned. I acknowledge and agree that all of the information that I have provided to Producer is true, accurate, and complete. I understand and acknowledge that providing false or incomplete information to Producer may result in my and my Dog’s disqualification and/or elimination from the Program in Producer’s sole discretion, and the forfeiture of any cash received and/or any Prize won by me, if any. 12. Prize(s): (a) I shall pay all federal, state, municipal income and other taxes on any and all cash and/or other Prizes that I win, if any, and any failure to do so may result in the forfeiture of such Prize, if any. As used in this Agreement, the word “Prize” or “Prizes” means, among other things, money, goods and services, including but not limited to merchandise, travel, lodging and/or tickets or access to events (excluding any travel and/or lodging furnished by Producer in connection with my travel to the location where the Program is taped). I release Producer, Network, including but not limited to any television station or channel, website, SVOD, cable network, or satellite network that exhibits the Program, and each of their respective parents, subsidiaries, affiliates or divisions, and all persons and entities connected with the Program, of any and all liability in connection with any such taxes. Producer may deduct or require payment of any such tax before delivery of cash and/or Prizes. Any Prize awarded to me, if any, will be payable one hundred twenty (120) days after the initial exhibition of the final episode of the Program in which my Dog and/or I appear, so long as I meet all requirements set forth in the Agreement. I understand and agree that in the 7 event the Program is not telecast, I will not receive any Prize unless otherwise determined by Producer and Network in their sole and absolute discretion. (b) Provided alternate arrangements are not made, other cash and/or Prizes, if any, will be delivered to the address written below or such other address as Producer and I agree in writing. I agree to complete and execute a prize affidavit on the form provided by Producer in connection with any cash and/or Prizes I may win on the Program and to complete and execute form W-9 on the form provided by Producer in connection with any applicable taxes on such cash and/or Prizes. Additionally, I shall pay all shipping costs for deliveries outside the continental United States. Producer shall not be responsible for any delays in delivery of a Prize, if any, by a supplier or for the condition in which it is received. (c) My refusal to accept any Prize, if any, under its offered conditions shall constitute a forfeiture of that Prize by me and shall release Producer, Network, including but not limited to any television station or channel, website, SVOD, cable network, or satellite network that exhibits the Program, and each of their respective parents, subsidiaries, affiliates, or divisions, and all persons and entities connected with the Program, from any and all obligations in connection with such Prize. (d) Any breach of this Agreement by me, shall result in my and my Dog’s immediate removal from the Program and shall constitute a forfeiture of any cash and/or Prizes I may have received or won up to the point of my and my Dog’s removal and I hereby release Producer, Network, including but not limited to any television station or channel, website, SVOD, cable network, or satellite network that exhibits the Program, and each of their respective parents, subsidiaries, affiliates, or divisions, and all persons and entities connected with the Program, from any and all obligations in connection with the foregoing. Notwithstanding the foregoing, such removal (if any) shall not affect any of the rights granted or any of agreements, obligations (including, without limitation, my confidentiality obligations), waivers, releases or indemnities as set forth in this Agreement. (e) Unless approved in writing by Producer and allowed by the Official Rules, I shall not share, or make any agreement or promise to share, any Prize, if any, or any portion of any Prize with any other Participant, and any such purported agreement or promise shall be unenforceable. Prior to delivery of the Prize to me, I may not assign any Prize or cash which I win to another person or organization. (f) If for any reason any Prize I win, if any, cannot be supplied, I shall accept either a prize of comparable value or a cash amount equal to the fair market value of the Prize I won, as determined by Producer in its sole discretion. I shall not advertise my winning of any Prize nor sell any non-cash Prize without Producer’s prior written approval. (g) If the episode of the Program in which my Dog and/or I are participating is halted for any reason, I shall abide by Producer’s decision regarding resumption of such episode and the disposition of Prizes, if applicable, and Producer, Network, including but not limited to any television station or channel, website, SVOD, cable network, or satellite network that exhibits the Program, and each of their respective parents, subsidiaries, affiliates or divisions, and all persons and entities connected with the Program will not be liable for any costs, losses or claims caused by any interruption or by Producer’s not proceeding with the episode. 13. Assignment: Producer may freely assign this Agreement and all rights of Producer under this Agreement, and delegate any of Producer’s obligations to me with respect to my participation in the Program, and any assignee or delegate may further assign or delegate its obligations. Upon any such assignment or delegation, Producer shall have no further obligation to me under this Agreement or in connection with the obligation that is delegated. 14. Alternates: My and my Dog’s selection as a Participant is within Producer’s sole discretion, and Producer is not obliged to select me and/or my Dog. I understand and acknowledge that as part of its Participant selection, Producer will rely on the information given by me. If my Dog and I are selected, Producer is still not obligated to have me and/or my Dog appear on the Program. If my Dog and/or I appear on the Program, Producer is not obligated to exhibit or otherwise exploit my and/or my Dog’s appearance. Producer’s decision relating thereto shall be final in all respects. I understand that my Dog and/or I may be selected as an alternate (as opposed to a participant). If selected as an alternate, my Dog and I shall remain available to participate in the Program. If my Dog and/or I are selected as an alternate and do not eventually join the Program as a participant, I shall not have any chance to be awarded any 8 Prize, and no other consideration shall be owed to me. Producer may add, remove or replace participants and I agree that all of the terms and conditions of this Agreement (including, without limitation, the confidentiality provisions set forth hereunder) shall apply to me with full force and effect, whether or not my Dog and/or I appear in the Program. I acknowledge and agree that Producer shall have the right at any and all times and in its discretion, to remove or replace me and/or my Dog as a participant, for any reason (or no reason at all), including, without limitation, after my Dog and/or I have begun participating in the Program. 15. Emergency Medical Services: In case of an emergency, I authorize Producer to arrange for or provide such medical assistance to me or my Dog as Producer determines necessary at Producer’s expense if such occurs in the regular course of principal photography. I also authorize any licensed physician, veterinarian, health care personnel and/or medical facility to provide any medical/surgical care and/or hospitalization of me, including anesthetics, which such licensed physician, health care personnel and/or medical facility determines necessary or advisable, pending receipt of a specific consent from me. I authorize any reasonably necessary care by paramedics. In connection with the foregoing, I also agree to execute a copy of the Emergency Medical Release attached hereto as Exhibit A and incorporated by reference herein. I acknowledge and agree that any medical procedures offered to me in connection with my participation on the Program may involve risks of complications, infection, disfigurement, injury or even death, that no warranty or guarantee has been made as to the result of any such procedures, and that I assume all risks with respect thereto. I also acknowledge and agree that I am under no obligation to participate in or receive any medical procedure (except in the case of emergency per this paragraph above), and any such participation or election will be of my own volition. Further, I acknowledge and agree that no warranty, representation or guarantee has been made as to the qualifications or credentials of the medical professionals who may perform such procedures, or their ability to diagnose medical conditions that may affect my fitness to participate in the Program. 16. Indemnification: Producer agrees to defend, indemnify and hold me harmless from and against any and all third party liabilities, third party claims, costs, damages, losses, or judgments arising out of or in connection with the development, production, distribution, or other exploitation or the Program. I agree that Producer shall have the sole right to control the legal defense against any claims, demands or litigation, including the right to select counsel of its choice and to compromise or settle any such claims, demands or litigation. Notwithstanding the foregoing, no such compromise, settlement or other agreement shall be finalized, entered into or effective without the prior written consent of City, if such compromise, settlement or other agreement includes an admission of liability on behalf of or by the City. 17. Remedies. I acknowledge that my remedies for any claim arising out of this Agreement or my participation in connection with the Program (if any) shall be limited to actual damages and in no event shall I be entitled to rescind this Agreement. I shall not have the right to enjoin the distribution, marketing, advertising, or exploitation of the Program or any derivative work thereof. 18. Miscellaneous: (a) I represent and warrant that I have had the opportunity to review this Agreement before signing it. Accordingly, no presumption for or against Producer or me arising out of the drafting of all or any part of this Agreement will apply or will be applied in any legal proceeding relating to or involving this Agreement or my and/or my Dog’s appearance on the Program. I acknowledge and agree that Producer and Network have no obligation to use any of the rights granted by me herein. (b) This Agreement is controlled by Minnesota law, and all controversies and questions with respect to this Agreement and/or my and/or my Dog’s appearance on the Program shall be determined by the internal, substantive laws of the State of Minnesota. My remedies for any breach of this Agreement by Producer or others will be limited to seeking recovery of actual damages and in no event will I be entitled to rescind this Agreement or seek injunctive or any other equitable relief or any award of punitive damages. All terms of this Agreement are subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (the “Act”). It is understood and agreed that both parties shall comply with all applicable federal, state and local laws throughout the production, distribution and exhibition of the Program. (c) The City and Big Fish Entertainment, LLC agree to comply with and all other applicable state and federal laws relating to data privacy or confidentiality to the extent applicable to any data provided under the terms 9 of this Agreement. The parties will immediately report to the other party to this Agreement any requests from third parties for information relating to this Agreement. Big Fish Entertainment, LLC agrees to hold the City, its officers, and employees harmless from any claims resulting from disclosure or use of data protected under the Act or other applicable state and federal laws. (d) I agree that my appearance as a Participant on the Program is not a performance and does not entitle me to wages, salary, or other compensation. I have voluntarily applied myself and my Dog to be a potential Participant in the Program. I further understand and agree that I am not being hired to provide services as a performer or to portray any role or part or take direction as a performer, but am appearing as myself. I agree that my appearance as a Participant on the Program is not a performance, is not employment and is not subject to any union or guild collective bargaining agreement, and does not entitle me to wages, salary, corporate benefits, workers’ compensation benefits, or other compensation under any such collective bargaining agreement or otherwise. (e) Any waiver of any term of this Agreement in a particular instance shall not be a waiver of such term for the future. I agree that the invalidity or unenforceability of any part of this Agreement shall in no way affect the validity or enforceability of any other part thereof. All remedies, rights, undertakings, obligations, and agreements contained in the Agreement shall be in addition to and shall not limit any other remedy, right, undertaking, obligation, or agreement of either party. (f) I have been given ample opportunity to read, and have carefully read, this entire Agreement. I understand I am bound by each and every term of it. I acknowledge that I have received a copy of this Agreement. (g) I agree that this Agreement contains the entire understanding between Producer and me relating to the Program and my and my Dog’s participation as a Participant on the Program, and this Agreement cannot be changed, amended, modified or terminated except in writing signed by Producer and me. I HAVE HAD AMPLE OPPORTUNITY TO READ, AND HAVE IN FACT READ, THIS ENTIRE AGREEMENT. I FULLY UNDERSTAND ALL OF MY RIGHTS, OBLIGATIONS, PROMISES AND AGREEMENTS, INCLUDING, WITHOUT LIMITATION, THE RIGHTS THAT I HAVE GRANTED AND THE RELEASES I HAVE MADE. MOREOVER, I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS AGREEMENT. ACCEPTED AND AGREED: LAKEVILLE POLICE DEPARTMENT BIG FISH ENTERTAINMENT, LLC By: ______________________________________ By: ______________________________________ Douglas P. Anderson, Mayor By: ______________________________________ Its: ______________________________________ Charlene Friedges, City Clerk 10 EXHIBIT A EMERGENCY MEDICAL RELEASE Return Completed Form To: Big Fish Entertainment, LLC 5 Times Square Floors 9 & 10 New York, NY 10036 IN CASE OF EMERGENCY, I, by signing below, authorize Big Fish Entertainment, LLC or its designee, each of their respective parent, subsidiary and affiliate companies, and each of their respective agents, employees, representatives, and contractors, to arrange for and/or provide such medical assistance to me as any of them determines to be necessary. I also authorize any physician, other medical/paramedical provider, veterinary, and/or medical facility to provide any medical/surgical care and/or hospitalization to me or my dog, including anesthetics, which any of them determine to be necessary or advisable, pending receipt of a specific consent from me. Without limiting any of the terms of the Participant Release Agreement, I hereby voluntarily and knowingly release, discharge, relinquish and hold harmless the “Released Parties” (as that term is defined in the Participant Release Agreement) and any provider of any medical care, assistance, treatment and/or services from and against any and all claims, actions and/or lawsuits of any kind in connection with any actions taken or any medical care assistance, treatment or services provided to me at any time whether such treatment or services are provided by health care professionals, paramedics, or any other person pursuant to this authorization. I acknowledge and agree that the waivers, releases and indemnities contained in the Participant Release Agreement expressly apply to any and all treatment I may receive. DATE: SIGNED: Print Name: Emergency Contact Name: Relationship: Address: City: State: Zip Code: Phone: Daytime: ( ) Evening: ( ) Regular Physician: Phone: ( )