Terms & Conditions
GENERAL RELEASE, WAIVER OF LIABILITY, MEDIA CONSENT, AND INDEMNIFICATION AGREEMENT
Big Chunk Productions, Inc. – Online Acting & Voice Lessons
This General Release, Waiver of Liability, Media Consent, and Indemnification Agreement ("Agreement") is entered into by the undersigned student or, if the student is a minor, by the student’s legal parent or guardian (collectively referred to as "Participant"), in connection with participation in any online acting or voice acting classes, coaching sessions, or instructional programs (collectively, "Classes") provided by Big Chunk Productions, Inc., including its affiliates, subsidiaries, parents, predecessors, successors, licensees, and assigns ("Company").
1. Acknowledgment of Services
Participant acknowledges and agrees that the Classes are instructional in nature and are provided online via video conferencing platforms such as Zoom. Classes may include live coaching, recorded materials, acting instruction, voice lessons, and group workshops. This Agreement shall be binding upon and inure to the benefit of the Participant and Company and their heirs, legal representatives, successors, and assigns.
2. Technology Requirement
Participant acknowledges that they are solely responsible for securing and maintaining access to a device capable of video conferencing with a stable internet connection. The Company is not responsible for any technical difficulties experienced by the Participant or any inability to participate in the Classes due to technological issues.
3. No Guarantees of Future Work or Casting
Participant understands and agrees that participation in the Classes does not guarantee any present or future employment, casting, representation, or opportunities in film, television, commercial, stage, or other media projects. The Company makes no warranties or representations regarding the outcome or success of participation in the Classes.
4. Prohibited Use of Materials
Participant agrees not to record, screenshot, reproduce, distribute, share, license, assign, or otherwise transmit any portion of the Classes, including but not limited to video recordings, lesson plans, scripts, materials, or other proprietary content provided by the Company. All materials and content are the sole intellectual property of the Company and its successors, licensees, and assigns, and no rights are transferred to the Participant beyond personal, non-commercial use during the course of instruction.
5. Waiver and Release of Liability
Participant, on behalf of themselves and their heirs, executors, successors, licensees, and assigns, hereby voluntarily releases, waives, discharges, and covenants not to sue Big Chunk Productions, Inc., and its officers, directors, agents, employees, contractors, instructors, licensees, successors, and assigns ("Released Parties") from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including but not limited to personal injury, property damage, or emotional distress, that may be sustained while participating in the Classes, whether caused by the negligence of the Company or otherwise.
6. Assumption of Risk
Participant understands that, although the Classes are conducted remotely, there may still be inherent risks associated with physical movement, vocal exercises, or the emotional nature of certain acting methods. Participant knowingly and voluntarily assumes all such risks, known or unknown, and accepts full responsibility for any injury, harm, or damage resulting therefrom.
7. Indemnification
Participant agrees to indemnify, defend, and hold harmless the Released Parties, including their licensees, successors, and assigns, from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to:
(a) Participant’s breach of this Agreement;
(b) Participant’s participation in the Classes;
(c) Any violation of law or the rights of any third party by the Participant;
(d) Any acts or omissions by Participant’s successors, licensees, heirs, or assigns that give rise to claims against the Company.
8. Media Release
Participant hereby grants to the Company, and its licensees, successors, and assigns, the irrevocable right and permission to record and use Participant’s name, image, likeness, voice, and performance in any form (including video, photograph, or audio recording), and to edit, modify, publish, reproduce, exhibit, broadcast, or otherwise use such materials for any lawful purpose, including promotional, advertising, educational, or commercial purposes, in perpetuity, worldwide, and without additional compensation. Participant waives any right to inspect or approve the final materials or the manner in which they are used.
9. Consent for Minors
If the Participant is under 18 years of age, the undersigned parent or legal guardian agrees to the terms of this Agreement on behalf of the minor Participant and further agrees to release, indemnify, and hold harmless the Released Parties, including their licensees, successors, and assigns, as described above. The parent/guardian affirms that they have the legal authority to sign this Agreement and bind the minor Participant and their successors and assigns to its terms.
10. Attorneys’ Fees
In the event of any legal dispute or proceeding arising out of or related to this Agreement or the Classes, the prevailing party, that is the party who received a prevailing party determination after judgment, shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party, including any fees incurred on appeal or in enforcement.
11. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction located in the State of California, Los Angeles County. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, licensees, and assigns.
12. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, communications, or representations, whether oral or written. No modification of this Agreement shall be valid unless made in writing and signed by both parties.
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