PARTICIPATION AGREEMENT AND PERSONAL RELEASE

1.         For good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, I irrevocably authorize Possibility in America LLC and its licensees and assigns (“Company”) to make use of my appearance in connection with my attendance and participation in any of the 2025 Possibility Festivals taking place in New York City, NY (July 12-13), Valparaiso, IN (July 26-27), Raleigh, NC (September 13-14), or Columbus, OH (September 20-21)  (collectively, the “Event”), and which attendance I acknowledge shall be filmed by Company for inclusion in the motion picture production presently entitled “Possibility in America” (the “Picture”).

2.         I understand that I may be filmed, videotaped, and/or photographed, and any such films, videotapes and photographs may include my name, voice, and/or likeness.  I understand and agree that Company and its subsidiaries, licensees, and assigns have and shall retain in perpetuity the right to copyright, use, license others to use, edit, alter, and otherwise exploit all or any portion of any resulting films, videotape(s), and/or photograph(s) or any reproduction(s) thereof, and any materials (including, without limitation, any films, photographs, or videotapes which may contain performances of works that are original to me) submitted by me in any manner or medium (including, without limitation, any and all forms of television regardless of the means of transmission and the internet), whether now known or hereafter devised, for any purpose and for an unlimited number of times, in perpetuity, throughout the universe, without compensation, except as specified herein and/or to the extent prohibited by law. Without limiting any of the foregoing, the results and proceeds of my services hereunder, including without limitation, all material composed, submitted, added, created, or interpolated by me hereunder (hereafter the “Work”), which I acknowledge may have been or may be rendered in collaboration with others, are a work-made-for-hire, specifically ordered by Company.  I hereby further acknowledge that all of the Work is the sole property of Company for any and all purposes whatsoever.  Notwithstanding the foregoing, I hereby assign, grant, transfer, and pre-assign all rights, including all exclusive exploitation rights, of every kind and nature (including any and all copyrights and neighboring rights, to the extent such assignment is allowed by law) in and to such Work to Company.  All rights to such Work are owned by Company solely and exclusively, for the duration of the rights in each country and area and space, in all languages, and throughout the universe.  I am aware and hereby acknowledge that new rights to the Work may come into being and/or be recognized in the future, under the law and/or in equity (hereafter the “New Exploitation Rights”), and I intend to and do hereby grant and convey to Company any and all such New Exploitation Rights to the Work granted by me hereunder.  I am also aware and do hereby acknowledge that new (or changed) technology, uses, media, formats, modes of transmission, and methods of distribution, dissemination, exhibition, or performance (hereafter the “New Exploitation Methods”) are being and will inevitably continue to be developed in the future, which would offer new opportunities for exploiting the Work.  I intend to and do hereby grant and convey to Company any and all rights to such New Exploitation Methods with respect to the Work.  I hereby agree to execute any document Company deems in its interest to confirm the existence of the preceding and to effectuate its purpose to convey such rights to Company, including, without limitation, the New Exploitation Rights and any and all rights to the New Exploitation Methods. I also agree to allow the Company and its assignees or licensee to use my contribution, photograph, film footage, and biographical material in connection not only with the Picture, but also in any advertising, marketing, or publicity for the Picture and in connection with any ancillary products associated with the Picture and/or derivative works of the Picture and/or material on which the Picture is based, without compensation, except as specified herein and/or to the extent prohibited by law.  I hereby irrevocably assign to Company (or irrevocably waive, in the event such assignment is not possible) any and all “moral rights” or similar law or rights.  I hereby waive any right of inspection or approval of my appearance or the uses to which such appearance may be put.  I acknowledge that Company will rely on the permissions granted herein and I hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.  

3.         To the maximum extent permitted by law, I agree that I will never sue Company, or any other third party because: (a) Company did not take or use photographs or videotape of me; (b) Company did not use any of the Work; (c) Company did not use my name or information about me; (d) I do not like the manner in which Company and/or its licensees or assignees took or used the photographs or videotape; (e) I do not like the manner in which Company and/or their licensees or assignees used my name or information about me or what is said about me; or (f) for my attendance and participation in the Event.  I expressly acknowledge that the Picture as produced may contain footage, dialogue, opinions, expressions, and/or other materials which are of a controversial nature, and I hereby consent to my involvement in the Picture as set forth herein. I acknowledge and agree that during my attendance and participation at the Event, I will have no expectation of privacy and that any and all of my actions may be recorded and used by Company, including, without limitation, in and in connection with the Picture and all ancillary and derivative materials thereof. 

COMPANY OFFERS HEALTH AND WELLNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY.  YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR PHYSICAL AND/OR MENTAL HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER, OR OTHER HEALTH-CARE PROFESSIONAL.  DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ, HEARD OR DISCUSSED AT THE EVENT ON ANY WEBSITE OF COMPANY. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES AND EVENT IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED OR AVAILABLE THROUGH ANY SERVICES PROVIDED BY COMPANY IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE.  FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE.  TO THE FULL EXTENT PERMITTED BY LAW, COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.  IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, AND NUTRITIONAL ADVICE THAT IS PROVIDED BY COMPANY AT THE EVENT OR OTHERWISE.  NO ASSURANCE CAN BE GIVEN THAT ANY ADVICE PRESENTED AT THE EVENT WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL

4.         (a) I represent and warrant that (i) my appearance and participation at the Event is completely voluntary; (ii) the results and proceeds of my services hereunder are and shall be original and unique with me in all respects; (iii) neither the results and proceeds of my services hereunder nor any part thereof are taken from or based upon any other material except material wholly owned by me or provided by Company; (iv) the results and proceeds of my services hereunder do not and will not violate or infringe upon the trademark, trade name, copyright, patent, literary, dramatic, musical, artistic, personal, civil, or property right or any other right of any person or entity.  I acknowledge and agree that nothing contained in the Event is intended to be construed as media advice and that nothing in the Event is intended to or should replace my own physician’s advise which advice from my physician I alone have the responsibility to seek and which advice from my physician should be provided to me after full examination of me by my physician and after review of my medical history by my physician. Accordingly, I take full, complete and sole responsibility for listening to and/or implementing all or any part of the information which may be provided to me on or in connection with the Event.(b) I further represent and warrant that I understand that it is a federal offense, unless disclosed to Company prior to broadcast, to: (i) give or agree to give any member of the production staff and/or anyone associated in any manner with the Picture anything of value for arranging for my appearance in the Picture; or (ii) accept or agree to accept anything of value to promote any product, service, or venture on the air, or use any prepared material containing such a promotion where I have received consideration for it.  I acknowledge that I am aware that it is Company's policy not to permit the acceptance or payment of any such consideration and that any such acceptance of payment shall constitute a material breach of this Participation Agreement and Personal Release.  In accordance therewith, but not as limitation thereon, I expressly represent that I have not accepted or paid, and I agree not to accept, pay, or agree to accept or pay any such consideration.

5.   I hereby release Company, and its respective managers, employees, staff, volunteers, officers, directors, servants, stockholders, principals, agents, assigns, heirs, attorneys, representatives, and each of their respective predecessors and successors, subsidiaries, affiliates, divisions, sureties, guarantors, insurers, and all other related entities (the “Released Parties”), from any and all claims, demands, or causes of action, which I and/or my heirs, successors, or assignees may now have or hereafter acquire by reason of Company’s exercise of the rights herein granted, in connection with the Event and/or Picture, including but not limited to, (i) my participation and appearance at the Event and in the Picture or activities associated with the production, post-production, promotion and exploitation of the Picture, including without limitation claims for any injury, illness, damage, loss or harm to me or my property, or my death, and any and all claims, demands, damages, costs, expenses and causes of action that I may now have or may hereafter have or suffer due to or in any way arising out of any act or omission of any Released Party; (ii) my own actions and/or the actions of other participants; (iii) any loss or damage to property and/or equipment; and/or (iv) the actions of any unrelated third parties.  I hereby waive any and all claims of defamation and "false light", violation of rights of privacy and/or publicity, and/or any other rights of a similar or dissimilar nature in connection with the exploitation of any such photographs and/or recordings produced in accordance with this Participation Agreement and Personal Release, and I hereby agree not to assert any claim of any nature whatsoever against any party related to the subject matter hereof, including, but not limited to, (a) damages caused by “acts of God” (such as, but not limited to injuries from natural disasters); (b) damages causes by acts of terrorism or war; (c) infliction of emotional distress (whether allegedly intentional or negligent); (d) trespass (to property or person); (e) breach of an alleged contract (whether the alleged contract is verbal or in writing); (f) allegedly deceptive business or trade practices; (g) copyright or trademark infringement; (h) violations of Section 43(a) of the Lanham Act; (i) prima facie tort; (j) fraud; (k) tortious or wrongful interference with any contract or business of mine; (l) any claims arising out of my viewing of any sexually-oriented activities or material; (m) participation in connection with the Activity(ies) and locations for the Picture, on legal or equitable theories based upon any alleged personal or emotional injury, death, and/or property damage to the extent that such claim is not covered by insurance secured by Company but excluding any released claims to the extent caused by or arising from the negligence or intentionally tortious conduct of company or its employees, officers, agents, or independent contractors; (n) any participation in the Event and from advice given by or received by me during the course of the Event.  In such regard, I waive any rights I may have under California Civil Code Section 1542 which provides:  “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.” I, being aware of said code section and such similar laws, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect existing under California law and/or any applicable statutes or common law principles in the State of California.

6.            I hereby agree to and do hereby indemnify and hold harmless Company from and against any breach of this Participation Agreement and Personal Release by me and/or any claim, action, proceeding, and/or demand brought, main­tained, prosecuted, or made by or through me and from and against any and all loss, cost, damage, and/or expense incurred by Company in connection therewith, including, but not limited to, attor­neys' fees and costs.  

7.         I hereby acknowledge and agree that I shall not directly or indirectly issue or permit the issuance of any publicity or disclose any information concerning this Participation Agreement and Personal Release, my involvement with the Picture, the results and proceeds of my services under this Participation Agreement and Personal Release, the Picture, Company, Company’s business or production methods, any cast or crew member, or any financier or other individual involved with the Picture, without Company’s prior written approval in each instance. I agree not to take any unauthorized photographs or copy any material for any use whatsoever.  I agree not to give any interviews or authorize any publicity relating to the Picture or my services thereon without Company’s express permission. For the avoidance of doubt, it is agreed my confidentiality and publicity restrictions hereunder shall apply to any and all media whatsoever, including, without limitation, any social networking site, micro-blogging service, online forum, personal website or blog, or user-generated or user-uploaded content website (e.g., Facebook, Twitter, Snapchat, Instagram, TikTok, etc.).

8.         I acknowledge that Company may be incurring substantial sums in reliance on the permissions granted herein, and I shall in no event be entitled to rescind or terminate this Participation Agreement and Personal Release or any of the rights granted hereunder, or to seek same, or to interfere with, restrain, enjoin, or otherwise impair the development, production, exhibition, distribution, promotion, advertising or other exploitation of the Work and/or Picture, or any other productions, or the use of any photographs, recordings, or other materials produced hereunder, and my sole remedy in any or all cases and in connection with any claims shall be an action at law for actual monetary damages, if any.

9.         I understand that Company shall be under no obligation to actually use my name, voice, and/or likeness in any manner in the Picture or any other production.

10.        I acknowledge that I am not relying upon any promises or statements made by anyone about the nature of the Picture or the identity of any other participants or persons involved in the Picture.

11.        The terms and conditions of this Participation Agreement and Personal Release shall be interpreted and governed by California law applicable to contracts entered into and to be wholly performed in California without reference to choice of law rules. The parties consent to the jurisdiction and venue of the courts of the State of California in the City and County of Los Angeles or the federal courts of the United States for the Central District of California located in the City and County of Los Angeles. Arbitration of disputes between Company, on the one hand, and I, on the other hand, shall be governed by the Federal Arbitration Act and in conformity with the procedures of the California Arbitration Act (California Code of Civil Procedure §1286 et seq.). The arbitration shall be conducted before a single arbitrator in accordance with the JAMS Employment Arbitration Rules and Procedures (the “JAMS Rules”), and a judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. If the parties cannot agree on an arbitrator, the JAMS Rules shall govern selection. A copy of the current rules can be viewed online at http://www.jamsadr.com/rules-employment-arbitrationand will be provided to Company upon request. Such arbitration shall be filed with JAMS and heard in Los Angeles, California. California Code of Civil Procedure Section 1283.05, which provides for certain discovery rights, shall apply to any arbitration. All rights, causes of action, remedies and defenses available under applicable law are available to the parties, and shall be applicable as through a court of law, including the right to file a motion for summary judgment. The arbitrator shall apply the applicable statute of limitations to any claim. Any party may be represented at the arbitration by an attorney or other representative selected by the party, at his/her or its costs, and the arbitrator shall apply, as applicable, federal or California substantive law and law of remedies. The arbitrator’s remedial authority shall be no greater than that which is available under the statutory or common law theory asserted, and the arbitrator shall not have the power to add to, subtract or modify the terms of this arbitration provision except where necessary for the enforcement of this arbitration provision. The arbitrator shall allow equal time at the arbitration hearing to both parties and the hearing shall be set for no more than five (5) full-length days unless the parties stipulate otherwise or the party requesting additional time demonstrates, in writing, good cause for requiring additional hearing days. Any party may request the right to file post-hearing closing briefs within two (2) weeks of concluding the arbitration hearing. The arbitrator lacks the power to commit errors of law or legal reasoning or to make factual findings unsupported by the evidence, and the award may be vacated or corrected by a court for exceeding arbitral powers. The court may enter judgment upon a final arbitration award either by (i) confirming the award or (ii) vacating, modifying or correcting the award on any ground referenced in the Federal Arbitration Act, California Code of Civil Procedure §1286 et seq., or other similar state law. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award within thirty (30) days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are filed, whichever is later. Company or I, as applicable, shall bear the cost of the arbitrator’s fees and other costs unique to arbitration to the extent required by applicable law. Nothing herein shall be interpreted to preclude Company from bringing an administrative charge or complaint with, or communicating in any way with, the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the California Division of Labor Standards Enforcement, the National Labor Relations Board, the Securities and Exchange Commission, the United States Department of Labor or any other federal, state or local agency or official.

12.        This Participation Agreement and Personal Release may be executed and delivered by facsimile or other electronic transmission and/or by PDF signature.

13.        This Participation Agreement and Personal Release shall be binding upon me and my heirs, successors, licensees, and assignees forever and shall be freely assignable by Company.  This Participation Agreement and Personal Release sets forth the entire understanding of the parties and may not be modified except by a writing signed by me and Company. If this Participation Agreement and Personal Release is translated into any other languages, in whole or in part, then, in the event of any conflict, the English language version of this Participation Agreement and Personal Release shall control.

IF THE UNDERSIGNED IS UNDER 18 YEARS OLD, PARENT/GUARDIAN MUST EXECUTE THE PARENTAL / GUARDIAN CONSENT ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE