RELEASE FORM AND AUDITION RULES FOR IDOL AUDITIONERS

Some people have expressed interest or asked questions about the releases that Idol auditioners have to sign prior to auditions. Here are selected clips from the official release form:

DO NOT SIGN UNTIL YOU HAVE COMPLETELY READ THE FOLLOWING.
“AMERICAN IDOL” – SEASON 5 PERSONAL RELEASE
In full and complete consideration of American Idol Productions, Inc. (“Producer”) possibly including me as a participant in Season 5 of the television series entitled “AMERICAN IDOL” (the “Program”), and without any further consideration due from
Producer or any third party to me, and with the understanding that Producer, in its sole discretion may choose whether or not to include me in the Program, or broadcast my appearance in the Program, if any, I hereby agree as follows. The term “Program,” as used herein, shall include the interview and audition process for the Program.

I grant to Producer and its successors, licensees and assigns, the irrevocable right, but not the obligation, with or without my knowledge, to film, tape and/or photograph, record, exhibit, edit and otherwise use my appearance, name, likeness, voice, singing voice, conversation, sounds and biographical data on or in connection with the Program in any manner in Producer’s sole election and discretion, which use shall not entitle me to receive any compensation whatsoever. I agree that Producer is the sole owner of all results and proceeds of such film, tape, photography and/or recording and my appearance thereon, with the right for Producer and its successors, assigns, and licensees, forever and throughout the universe, to use the same and any portion thereof in any and all media, whether now known or hereafter devised, including, without limitation, motion pictures, television and publishing, and in
connection with the advertising, sale, promotion, marketing, merchandising (including slot machines), distribution, publicizing and all other types of exploitation of the Program or any part thereof, or in any manner whatsoever. Producer shall also have the unrestricted right to edit the content and text of the Program in any manner or form.

I understand and agree that if my appearance, name, likeness, voice, singing voice, conversation, sounds and/or biographical data is used in connection with the Program, I may be required, in consideration of Producer possibly including me as a participant in the Program and at Producer’s election, to enter into the following agreements with Producer and/or Producer’s designee(s), the terms of which shall be subject to good faith negotiation: (a) an agreement for the management of my career in the entertainment industry (including but not limited to my acting services); and (b) an agreement for the use of my name, likeness and biography in connection with advertising, endorsements, merchandising and sponsorship. I understand and agree that such agreements shall become fully effective only at the election of Producer and/or Producer’s designee(s), which election shall occur on or before that date which is three (3) months from the date of the initial broadcast of the final episode of the Program. I hereby warrant that as of the date of this Agreement I have not entered into, nor will I enter into, any contract or arrangement which prevents me, or might prevent me, from entering into the agreements specified in subsections (a) and (b) of this paragraph.

I understand that I may reveal, and other parties may reveal, information about me that is of a personal, private, embarrassing or unfavorable nature, which information may be factual and/or fictional. I further understand that my appearance, depiction and/or portrayal in the Program may be disparaging, defamatory, embarrassing or of an otherwise unfavorable nature which may expose me to public ridicule, humiliation or condemnation. I acknowledge and agree that Producer shall have the right to (a) include any or all such information and appearances, depictions or portrayals in the Program as edited by Producer in its sole discretion, and (b) to broadcast and otherwise exploit the Program containing any or all such information and appearances, depictions or portrayals in any manner whatsoever in any and all media now known or hereafter devised, or for any other purpose, throughout the universe in perpetuity.

In the event I perform any original music on the Program written or controlled by me, I hereby grant to Producer, without charge, the rights necessary to perform such music on the Program and the rights required to exploit the Program and the ancillary rights therein, inclusive of the music, in any and all media now known or hereafter devised, or for any other purpose, throughout the universe in perpetuity.

I agree to follow all of Producer’s rules, directions and instructions in all matters relating to the Program, which rules are subject to change at Producer’s sole discretion. I will accept any and all decisions of Producer on discretionary matters (including but not limited to the audition process and contestant selection) as final and acknowledge that the interests of the Program shall override those of any participant. I agree that my selection to audition is within Producer’s sole discretion and that Producer is not obligated to grant me an audition, regardless of my place in the audition line. In the event I am granted an audition, I agree that my selection as a contestant for the Program is within Producer’s sole discretion and that Producer is not obligated to select me. I acknowledge that Producer reserves the right, exercisable at any time in its sole discretion, to disqualify me from the Program should I at any stage supply untruthful, inaccurate or misleading personal information, fail to abide by the rules or regulations of the Program, or for any other reason or for no reason at all. If I am selected, I agree that Producer is not obligated to have me appear on, or to broadcast my appearance on, the Program and may disqualify me at any time in its sole discretion. I agree to fill out, sign and agree to other contracts, as required by Producer. If I am under 18 years of age, I understand and agree that both me and my parent or legal guardian must sign each of the forms and that me and my parent or legal guardian will cooperate with Producer in having such forms court approved, if necessary.

I recognize that Producer is relying on my representations herein and that a breach by me hereunder would cause Producer irrevocable injury and damage that cannot be reasonably or adequately compensated by damages in an action at law and, 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 agreement by me.

I hereby release, discharge, and hold harmless Producer, its assignees, licensees, agents, and affiliates, Fox Broadcasting Company (“Network”), FremantleMedia, 19 TV Ltd., television broadcasting stations, sponsors, advertising agencies, and any and
all others connected with the Program, and each of their related parent companies, subsidiaries and/or affiliated companies, and the officers, directors, employees, agents and representatives of each of the foregoing (collectively, the “Released Parties”), from any and all liability or claims arising out of or in any way resulting from my participation in the Program and the use or reuse of my
appearance, name, voice, singing voice, likeness and/or biographical information and I agree not to make any claim against Producer or the Released Parties as a result of my participation in the Program and in connection with any use or reuse of my appearance, name, voice, singing voice, likeness and/or biographical information (including, without limitation, any claim based upon defamation or invasion of privacy and/or publicity). In addition, I agree to indemnify Producer and the Released Parties and to hold each of them harmless from any and all liability, claim, action, damage, expense, and loss of any kind caused by or arising out of any statement, action or failure to act by me during or in connection with my participation in the Program.

I acknowledge that there is a possibility that after my execution of this agreement, I will discover facts or incur or suffer claims which were unknown or unsuspected at the time this agreement was executed and which, if known by me at that time, may have materially affected my decision to execute this Release. I acknowledge and agree that by reason of this release, I am assuming any risk of such unknown facts and such unknown and unsuspected claims. I have been advised of the existence of Section 1542 of the California Civil Code which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Notwithstanding such provision, this release shall constitute a full release in accordance with its terms. I knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect.
I affirm that neither I nor anyone acting for me gave or agreed to give anything of value to any member of the production staff, anyone associated in any manner with Producer, or any representative of any television network or station for Producer’s
undertakings hereunder. I understand that Producer’s policy prohibits such payments, and I further understand that it is an offense, unless disclosed to Producer prior to broadcast, for any such arrangement or my acceptance or agreement to accept anything of value to promote any product, service or venture on the air. I am also aware that it is an offense to use any prepared material containing such a promotion where I know the writer received consideration for it and fail to disclose this to Producer prior to broadcast. I shall notify Producer immediately if any person attempts to induce me to violate the foregoing or to do anything dishonest.

I warrant that I am at least 18 years of age and that I have the full, complete and unrestricted right and authority to enter into this agreement. If I am not at least 18 years of age, I agree to have my parent sign this agreement in the space below. I am not a member of AFTRA, SAG or any other performing arts guild and am not a candidate for public office. In the event I am a member of AFTRA, SAG or any other performing arts guild, I agree that my appearance on the Program, if any, shall not be deemed to be a performance under any collective bargaining agreement. I shall not directly or indirectly issue or permit the issuance of any publicity whatsoever with respect to the Program or my appearance in connection therewith. I shall not use the name of the Program in any way at any time without Producer’s prior written approval in each instance.

And here are the contest rules:

"AMERICAN IDOL" SEASON 5

MINIMUM ELIGIBILITY REQUIREMENTS

You must be a legal U.S. citizen or a U.S. resident, 16 to 28 years old on August 4, 2005, who is eligible to work in the United States.

You are ineligible if, as of the date of your audition, you have any type of contract for talent representation (for example, a talent agent or manager), a music recording contract, an acting contract, a merchandising agreement, or any other contractual arrangement that would prohibit you from entering into a management contract, recording contract, talent contract, acting contract and/or merchandising contract. You are also ineligible if you made it to the top 30 contestants of Season 1 of "American Idol" or the top 32 contestants of Seasons 2 or 3 or the top 44 of Season 4 of “American Idol.”

Employees, shareholders, officers, directors, agents, representatives, and their immediate family members and those living in the same household of Fox Broadcasting Company, American Idol Productions, Inc., FremantleMedia North America, Inc., 19 TV Ltd., AT&T, Telescope, BMG, RCA Records, Arista Records, production personnel for the television program, participating television stations, advertising agencies, corporate sponsors or any person or entity connected with the production, administration or judging of the auditions, or any of their respective parent companies, affiliates, subsidiaries, agents or representatives are not eligible.

THE AUDITION PROCESS

When to Line Up: ALL INFORMATION CONCERNING THE AUDITIONS IS TENTATIVE AT THIS TIME. AUDITION CITIES AND/OR DATES MAY CHANGE. IF THE PAST THREE SEASONS ARE ANY INDICATION, WE ARE EXPECTING A HUGE TURNOUT IN EACH CITY. YOU SHOULD THEREFORE PLAN ON ARRIVING AS EARLY AS ALLOWED AT THE AUDITION VENUE IN YOUR AREA. CONTINUE TO CHECK OUR WEBSITE AT idolonfox.com FOR FURTHER DETAILS. KEEP IN MIND THAT THERE IS NO GUARANTEE THAT YOU WILL BE SEEN FOR AN AUDITION.

Locations, Dates and Time: It is anticipated that auditions will start no later than 8:00 a.m. on the first audition day in each city. If you are not in line well before 8:00 a.m., your chances of being seen will be slim to none (unless otherwise requested by producer). Even if you are in line before 8:00 a.m., producers cannot guarantee that you will be seen for an audition. Please continue to check our website at idolonfox.com for the most up-to-date audition schedule.

What to Bring to the Auditions: Two forms of identification that show proof of your age and a photograph (for example, a birth certificate and driver's license or a birth certificate and a passport or a birth certificate and a school ID card). If you are under 18 years of age, you must be accompanied by your parent or legal guardian. If you are accompanied by a legal guardian (as opposed to a parent), your legal guardian must bring proof of guardianship. Print out and sign the release form provided at idolonfox.com. Release forms will also be available at the audition venue.

What to Wear to the Auditions: Please do not wear any clothing items revealing any tattoos, bearing designer, sports or any other logos or brand names, or bearing the name or likeness of a celebrity, living or dead. If you do wear such clothing, you may be required to remove it or turn it inside out or put on additional clothing.

What to Sing at the Auditions: Be prepared to sing a cappella (without music) a song of your choice. If you are called back for the first recall, you may be asked to sing two songs a cappella. One song must be selected from a list that will be provided to you by the producer prior to the first recall and the other song, if requested by producer, may be a song of your choice. All rules and procedures are subject to change at producer's sole and absolute discretion.

Rules In Line: You MUST be in line by 8:00 a.m. on the first audition day in your city. Even if you are in line by 8:00 a.m., there is no guarantee that you will be seen for an audition. Producers reserve the right to audition people out of order of their place in line. Due to space limitations, please do not bring more than two people to the audition with you who will not also be auditioning; however, you should be aware that ONLY ONE FRIEND OR FAMILY MEMBER in addition to the person being auditioned will be admitted into the interior of the stadium. Also, no one under the age of 13 will be allowed to camp out overnight at any venue. PLEASE BE COURTEOUS TO OTHER PEOPLE IN LINE. Do not cut in line. If we discover that you have cut in front of another person in line, you will be disqualified from the audition process. Also, you may not hold a place in line for another person for an extended period of time.

Wristbands: It is currently anticipated that wristbands, or some other form of identification, will be handed out to those people chosen by the producers to continue in the audition process. IF YOU RECEIVE A WRISTBAND FROM THE PRODUCERS, YOU MUST NOT GIVE THE WRISTBAND TO ANOTHER PERSON. YOU ALSO MUST NOT ACCEPT A WRISTBAND FROM ANYONE OTHER THAN THE PRODUCTION STAFF AND YOU MUST NOT REMOVE YOUR WRISTBAND UNTIL YOU ARE TOLD TO DO SO BY PRODUCER. IF IT IS FOUND THAT YOU RECEIVED YOUR WRISTBAND FROM SOMEONE OTHER THAN THE PRODUCTION STAFF, OR THAT YOUR WRISTBAND HAS BEEN TAMPERED WITH IN ANY MANNER, YOU WILL BE IMMEDIATELY DISQUALIFIED FROM THE AUDITION PROCESS.

Paperwork: You will be required to fill out, sign and agree to all of the terms and conditions of our required forms. Some of the forms will be available on our website at idolonfox.com. Forms will also be available at the audition locations. Any family or friends who come with you to the auditions should also be prepared to sign releases concerning the possible taping and/or recording of their name, likeness, voice, conversation, etc. If you advance in the competition, you will be required to fill out, sign and agree to all of the terms and conditions of additional forms, including a talent management contract, recording contract and merchandising contract. You may also be subject to a thorough background investigation and other examinations, at producer's discretion. If you are under 18 years of age, both you and your parent or legal guardian must sign each of the forms and cooperate in having the forms court approved, if and when requested by producer.

ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF YOU FAIL TO COMPLETE ANY FORM, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, YOU MAY BE DISQUALIFIED FROM THE AUDITION PROCESS.

Disqualifications: We reserve the right to disqualify and/or exclude, in our sole and absolute discretion, any individual from any of the auditions for any reason or for no reason at all, including without limitation, violation of any portion of these rules, or tampering with the entry process or the audition process. We also reserve the right to change the rules and procedures at any time. Being chosen to audition and/or compete at any level in the process does NOT ensure that you will be selected to continue to the next stage.

General Conditions: By participating, entrants agree to be bound by these rules and the decisions of the producers, the voting audience, and the panel of judges, which shall be final and binding. Your presence at the auditions, and the presence of your friends, family members, and anyone else accompanying you, constitutes your and their consent and agreement to the recording and use of your and their performance, appearance, name, voice, singing voice, likeness and any musical or sound effects produced by you and/or them for use in connection with any television program, motion picture or the Internet for all purposes (including advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights), as the same may be edited, in all media now known or hereafter created, throughout the universe, in perpetuity for no compensation, unless otherwise required by law. If you and/or your friends, family members, or anyone else accompanying you to the audition, do not wish to be photographed, or do not agree with these terms, PLEASE DO NOT AUDITION AND STAY OUT OF THE CAMERA RANGE. Your and/or their failure to do so will be conclusively deemed to be a waiver of any and all claims for invasion of privacy, defamation, etc. All federal, state and local laws apply. Audition dates and locations are subject to change. American Idol Productions, Inc., Fox Broadcasting Company, FremantleMedia, 19 TV Ltd., fox.com, idolonfox.com and the production personnel for the television program, participating television stations, advertising agencies or any person or entity connected with the production, administration or judging of the auditions or the program, or any of their respective parent companies, affiliates, subsidiaries, agents or representatives are not responsible for and shall not be liable for: (i) any failure of transportation, bad directions, or inability for any reason to appear at an audition site or audition or appear before the judging panels; (ii) any injuries, losses or damages of any kind caused by traveling to or from the audition venues, being present at the audition venues, participating in the auditioning process or being selected to or disqualified from continuing in the auditioning process and/or the show; or (iii) any printing, typographical or technological errors in any materials associated with the auditioning process. NO WEAPONS, ALCOHOL OR NON-PRESCRIPTION CONTROLLED SUBSTANCES WILL BE PERMITTED AT ANY AUDITION OR DURING THE COMPETITION

There, that should answer most of the questions!