Effective as of: 7/1/2024

Focus On Food Terms Of Use 

In full and complete consideration of Recipe Submission to Circle City Broadcasting I, LLC for its “Focus on Food” promotion, I hereby agree as follows:

1. I hereby grant to Circle City Broadcasting television broadcast stations WISH-TV / WNDY-TV, licensed to the Indianapolis Designated Market Area (the “Station” and together with Circle City Broadcasting I, LLC, the “Company”) and their successors, licensees and assigns, for good and valuable consideration, receipt and sufficiency of which I hereby acknowledge, the irrevocable, non-exclusive right, but not the obligation, with or without my knowledge, in perpetuity and throughout the universe, to film, tape, photograph, record, exhibit, display, edit, distribute, sell, own, utilize, alter and otherwise use my name, biographical data, personal characteristics, personal identification and any other information or materials provided by (collectively, the “Materials”) to the Company in and in connection with the Recipe Submission, in any and all media, whether now known or hereafter devised including, in any Company Recipe Submission, the Internet, Websites, mobile applications, social media, advertising, promotion, marketing, merchandising, distribution, publication, and all other types of exploitation, or in any other manner in the Company’s sole discretion, or to refrain therefrom.

2. To the extent I submit any written materials to the Company, whether original or otherwise, I hereby represent and warrant that I own, control or have obtained all rights (including all copyrights) in and to all such materials (“Materials”) and I hereby grant the Company, without charge, the rights necessary to use all such materials in connection with the Recipe Submission in any and all media now known or hereafter devised for any purpose throughout the universe in perpetuity. I further confirm that the Company’s use of the Materials will not infringe upon the rights of any person or entity.

3. I understand and acknowledge that all submissions of Materials will not be returned to me.

4. I understand, acknowledge and agree that the Company retains final editorial, artistic and technical control of the Recipe Submission and that no portion of the Recipe Submission or any related material needs to be submitted to me for any approval and the Company will have no liability to me for any distortion or illusionary effect involving the Materials. I further understand, acknowledge and agree that the Company and its licensees and assignees will own all right, in and to the Recipe Submission and all related materials, to be used and disposed of, without limitation, as the Company, in its sole discretion, may determine.

5. I agree to follow all rules, directions and instructions given by the Company in all matters relating to, and/or in connection with, the production of the Recipe Submission, which are subject to change at the Company’s sole discretion.

6. I acknowledge and agree that the Company may use the Recipe Submission as part of it’s FOCUS ON FOOD fundraising campaign and acknowledge that I will not be financially compensated for my Recipe Submission in any way, shape or form.

6. To the maximum extent permitted by law, I agree that I will not sue the Company or anyone because the Company did not take or use the Materials or because I do not like the manner in which the Company and/or its licensees or assignees took or used the Materials or used the Materials in the Recipe Submission. I, for myself and on behalf of my heirs, executors, agents, successors or assigns, hereby release, indemnify, hold harmless, promise not to sue, and forever discharge the Company, and any affiliated companies, as well as the world wide web platforms on which the Recipe Submission is broadcast or otherwise exhibited or distributed and the sponsors thereof, and each of their respective officers, directors,

agents, representatives and employees (the “Released Parties”), from any and all claims, actions, damages, losses, liabilities, costs, expenses, injuries, or causes of action whatsoever, including attorneys’ fees, that in any way are caused by, arise out of or result from this agreement, my appearance and/or participation in the Recipe Submission, the Materials, the Materials, or in the advertisements, the creation of the Materials, my presence at or travel to any location in connection with my appearance and/or participation in the Recipe Submission, or the broadcast or other exhibition of the Recipe Submission, the Materials, the Materials, or the advertisements, on any legal theory whatsoever (including, but not limited to, personal injury, rights of privacy and publicity, defamation, or False Light), regardless of whether caused by the negligence or willful misconduct of the Released Parties or anyone else connected with the Recipe Submission or the Materials. I will defend, indemnify and hold the Released Parties harmless from any and all such claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action, as well as all claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action that in any way are caused by, arise out of or result from any breach or alleged breach by me of any of the representations, warranties or covenants made by me in this agreement.

7. I represent and warrant that I am at least 18 years of age.

8. This agreement shall be interpreted under the laws of the State of Indiana without regard to the conflicts of law provisions thereof. The illegality, invalidity or unenforceability of any provision shall in no way affect the validity or enforceability of any of the remainder of this agreement, which shall be enforced to the maximum extent permitted by law.