Shark Tank Application Template

“SHARK TANK” INITIAL APPLICATION PACKET

General Instructions:

Thank you for your interest in applying to participate in “Shark Tank” (the “Series”). In order to apply and participate you must fully complete and return the following attached documents to the Casting Department:

1.Short Application

2.Audition Release

3.Submitted Materials Release

4.Intellectual Property Release (submit only if your audition video was shot by someone other than you)

If you are applying as part of a team of collaborators, EACH COLLABORATOR must complete and submit his/her own Initial Application Packet; however, collaborators may appear together in a single audition video.

Please note: In order to fully complete the application process for the Series, you must complete and return the Full Application Packet, which includes the following documents which will be provided by Finnmax LLC at a later date.

1.Applicant Questionnaire

2.Business Details Questionnaire

3.Intellectual Property Questionnaire

4.Audition Release

5.Submitted Materials Release

6.Background Questionnaire

7.Participant Agreement

YOU HAVE AN ONGOING OBLIGATION TO INFORM FINNMAX LLC IN WRITING IF YOUR RESPONSES TO

ANY OF THE BELOW CHANGE AT ANY TIME.

All application materials become property of Finnmax LLC and will not be returned. If you would like to retain a copy, please make one prior to sending in your materials. Good luck!

Please be advised that you must meet the following eligibility requirements (which may be changed at any time by Finnmax LLC in its sole discretion) in order to participate in the Series:

•You must be 18 years of age (or the age of majority in the state in which you reside) or older.

•You must be a legal resident of the United States.

•Neither you nor any of your immediate family members or anyone living in your household may be nor have been within the past one (1) year employees, contractors, officers, directors or agents of any of the following:

(a)Finnmax LLC, One Three Television, LLC, any entity owned, controlled or affiliated with Mark Burnett, Sony Pictures Television Inc., American Broadcasting Companies, Inc., or any parent, subsidiary, affiliated or related entity of any of the foregoing; (b) any person or entity involved in the development, production, distribution or other exploitation of the Series or any variation thereof; (c) any known major sponsor of the Series or its advertising agency; (d) any shark or any entity substantially owned or controlled by any shark; or

(e)any person or entity supplying services or prizes to the Series.

•You may not be a candidate for public office and must agree not to become a candidate for public office from the date of the Audition Release until one (1) year after the initial broadcast of the last episode of the Series in which you appear.

•You may not have been convicted of a felony or have a felony or misdemeanor criminal charges pending against you.

•You must voluntarily submit to a background check.

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SHORT APPLICATION

YOU HAVE AN ONGOING OBLIGATION TO INFORM FINNMAX LLC IN WRITING IF YOUR

RESPONSES TO ANY OF THE BELOW CHANGE AT ANY TIME.

Applicant Name:

Business Name:

Business Website (full URL):

If applying as part of a group, the name(s) of your collaborator(s):

Your Street Address:

City/State/Zip

Occupation/Place of Employment:

School(s) Attended & Degree(s) Completed (include year(s)):

Describe in DETAIL what your business or product is. What does it do? Provide as much detail as possible.

What investment amount are you seeking, and what percentage of equity are you willing to give in exchange? Please keep in mind that the sharks do not give their money away; they only make realistic investments. They will ask tough questions to justify the amount of money you are seeking.

"I'm seeking $_____________________ and I'm willing to give up ______________%."

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What do you intend to do with the investment funds? Where will the money go?

How much money have you invested in the company and in what time frame? What was that money used for?

When did you start the business and how long have you been operating as a business?

What are your business’s total lifetime sales since starting?

What was the GROSS income from your business last year? Gross income is commonly defined as a business’s revenues before taking any costs, taxes, or other deductions into account.

What was the NET income from your business last year? Net income is commonly defined as a business’s revenues minus any costs of doing business.

What are your sales projections for THIS CALENDAR YEAR? How did you come up with those projections?

What are your sales projections for NEXT CALENDAR YEAR? How did you come up with those projections?

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Have you ever tried to raise money from outside sources? YES / NO (circle one). If YES, provide details.

What attempts have you made to build your business? Have you been successful?

Why do you want to pitch your business?

What is your unique selling proposition? What is your “hook,” and why is your business notable?

Describe the circumstances surrounding how you conceived and developed your business.

What are the biggest hurdles your business has had to face, and how did you and your business overcome them?

List any organizations or clubs with which you’re associated.

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List any awards or accolades you’ve received.

How did you hear about applying for “Shark Tank”?

Have you applied for “Shark Tank” before? Provide details.

Have you or has someone on your or your business’s or product’s behalf ever: (1) pitched or presented your business or product (or a related business or product) to any of the sharks, any shark entity, or any representative of a shark or shark entity; and/or (2) had any type of communication, dealing, discussion or interaction concerning your business or product (or a related business or product) with any of the sharks, any shark entity or any representative of a shark or shark entity? Provide details.

—YOU HAVE A CONTINUING OBLIGATION TO INFORM FINNMAX LLC IN WRITING OF ANY CONTACT WITH ANY OF THE SHARKS, ANY SHARK ENTITY OR ANY REPRESENTATIVE

OF A SHARK OR SHARK ENTITY —

Have you ever been an employee of any of the sharks, any shark entity or any representative for a shark or shark entity? Provide details.

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— PLEASE ANSWER EACH QUESTION BELOW HONESTLY —

Do you have any physical conditions, special needs, accommodations or fears that we should know about?

YES / NO (circle one) If so, explain.

Have you ever had a temporary or permanent restraining order entered against you or has anyone sought a temporary or permanent restraining order against you? YES / NO (circle one) If so, explain (include date, city, state and circumstances).

Have you ever been charged with any felony or misdemeanor? YES / NO (circle one) If so, explain (include date, city, state and circumstances, including the precise charges and resolution of the case).

Have you ever been convicted of any felony or misdemeanor? YES / NO (circle one) If so, explain (include date, city, state and circumstances, including the precise charges and resolution of the case).

Have you ever been party to a lawsuit? YES / NO (circle one) If so, explain.

Please attach additional pages if necessary.

[END OF SHORT APPLICATION]

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AUDITION RELEASE

PLEASE READ, SIGN AND DATE the following.

In consideration for my possible appearance in the reality-based competition television series currently entitled “Shark Tank” (“Series”) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I (including any entity set forth below) hereby agree as follows (“Agreement”):

1.Eligibility Requirements. I hereby represent and warrant that: (i) I am 18 years of age (or the age of majority in the state in which I reside) or older; (ii) I am a legal resident of the United States; (iii) neither I nor any of my immediate family members or anyone living in my household may be or has been within the past one (1) year employees, contractors, officers, directors or agents of any of the following: (a) Finnmax LLC (“Producer”), One Three Television, LLC (“OTT”), any entity owned, controlled or affiliated with Mark Burnett, Sony Pictures Television Inc. (“SPT”), American Broadcasting Companies, Inc. (“ABC”), or any parent, subsidiary, affiliated or related entity of any of the foregoing, (b) any person or entity involved in the development, production, distribution or other exploitation of the Series or any variation thereof, (c) any known major sponsor of the Series or its advertising agency or (d) any person or entity supplying services or prizes to the Series; (iv) I am not currently a candidate for public office and agree that I will not become a candidate for public office from the date of this Agreement until one

(1) year after the initial broadcast of the last episode of the Series in which I appear; (v) I have not been convicted of a felony and do not have any felony or misdemeanor criminal charges pending against me; and (vi) I shall voluntarily submit to a background check if requested by Producer (and agree to execute all consents, authorizations, and releases in connection therewith). I acknowledge that Producer reserves the right at any time to render ineligible any person who Producer determines, in its sole discretion, is sufficiently connected with the production, administration, or distribution of the Series such that his or her participation in the Series could create the appearance of impropriety. I further understand and agree that Producer reserves the right to change any of the eligibility requirements at any time.

2.Grant of Rights. In consideration for my possible appearance in the Series and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I (including any entity set forth below) hereby grant Producer and each of its respective employees, contractors, agents, representatives, officers, directors, assignees (including, without limitation, SPT), designees, licensees (including, without limitation, ABC and any television network and television stations which exhibit the Series or which has the right to exhibit the Series (collectively “Network”)) and affiliated and related entities the following:

a.The absolute and irrevocable right and permission (but not the obligation) to interview me, audition me, photograph, film, tape and otherwise visually, audiovisually and/or by audio means record me and/or my voice (“Likeness”) by any method whatsoever in and in connection with the Series and the business activities of Producer and Network.

b.The absolute and irrevocable right and permission (but not the obligation) to photograph, film, tape and otherwise visually, audiovisually and/or by audio means record any idea, product, invention, service or business owned or controlled by me, including without limitation any names, logos, artwork, packaging, trademarks and service marks related thereto, (collectively “Business Indicia”) by any method whatsoever in and in connection with the Series and the business activities of Producer, SPT and Network.

c.All rights of every kind and character whatsoever, whether now known or hereafter devised, in perpetuity throughout the universe in and to (i) any and all footage, tapes and/or other recordings taped, filmed, photographed, recorded and/or otherwise produced hereunder depicting me and any performances or actions made by me, (ii) material supplied by me (whether scripted or unscripted, written, spoken, sung, or otherwise uttered or expressed by me) and information given by me and/or captured on any such footage, tapes, and/or recordings (“Statements”), and (iii) all of the results and proceeds thereof (collectively, (i), (ii) and (iii) shall be referred to as the “Material”). I acknowledge that the Material is specially ordered by Producer for use as part of an audiovisual work and shall be considered a work made for hire for Producer, and therefore Producer shall be the author and copyright owner thereof for all purposes throughout the universe in perpetuity. To the extent that such

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Material is not deemed a work-for-hire in any jurisdiction, I irrevocably assign, transfer and convey such Material to Producer including, without limitation, all copyrights, renewals, and extensions of copyrights therein, in all media now known or hereafter devised, throughout the universe in perpetuity. For the avoidance of doubt, the Material shall include neither the Business Indicia nor any other intellectual property relating to my business.

d.The irrevocable right to reproduce, edit, dub, subtract from, add to, modify or juxtapose the Likeness, Business Indicia, Statements and/or Material in any manner and to combine them with any other material. I understand, acknowledge and agree that Producer shall have no obligation to use any of the Likeness, Business Indicia, Statements and/or Material in or in connection with the Series.

e.The irrevocable, perpetual, nonexclusive right to use, copy, digitize, sublicense, transmit, distribute, publicly perform, publish, display, and make any other uses of the Likeness, Business Indicia, Statements, whether or not embodied in the Material, in any media now known or hereafter devised, throughout the universe, in and in connection with the Series, including without limitation the advertising, promotion, marketing or exploitation of the Series (including without limitation commercial tie-ins and the exploitation of any allied, ancillary and subsidiary rights in and to the Series), and the business activities of Producer, SPT and Network.

f.I understand, acknowledge and agree that Producer may exercise any aspect of the foregoing granted rights without review by, compensation to, or approval by me or any other party, except as prohibited by law.

g.I grant the rights hereunder whether or not I am selected to participate as a contestant in the Series in any manner whatsoever. Without limiting paragraph 4 below, I release Releasees (as that term is defined herein below) from any and all liability arising out of its use of the Likeness, Business Indicia, Statements and/or the Material, and I agree not to make any claim against Releasees as a result of the recording or use of the Likeness, Business Indicia, Statements and/or the Materials (including, without limitation, any claim that such use invades any right of privacy and/or publicity and/or any claims based on defamation, libel and/or false light and/or copyright, trademark or patent infringement).

3.Representations and Warranties. I hereby represent and warrant that: (i) I, alone or in concert with any collaborators listed below (collectively “Collaborators”), have the right to grant the rights granted hereunder; (ii) I, alone or in concert with any Collaborators, have the right to enter into this Agreement; (iii) I, alone or in concert with any Collaborators, own and control all rights in and to the idea, product, invention, service or business that I desire to present as part of my participation in the Series; (iv) the consent of no other person, firm, corporation or labor organization (other than any Collaborators) is required to make my desired presentation or to enable Producer to use the Likeness, Business Indicia, Statements and the Material as described herein; (v) Producer’s use of the Material, Business Indicia, Statements and Likeness hereunder will not violate the rights of any third party other than any Collaborators; (vi) Producer shall have the right to use the Material free and clear of any claims for royalties, residuals or other compensation, either by virtue of this Agreement or any guild or union agreement, which I acknowledge does not govern my relationship with Producer; (vii) I have answered all questionnaire and application questions completely, honestly and accurately, and I acknowledge that if any of the foregoing information is found to be false, that this will be grounds for my dismissal from the Series participant selection process and/or from the Series, if selected; (viii) I further understand and acknowledge that I will be required to enter into further agreements with Producer relating to my Business and participation in the Series and (ix) I understand and agree that all decisions by the Producer concerning the selection of the participants are final and not subject to challenge or appeal.

4.Securities Acknowledgment. I understand that the announcement, solicitation and/or acceptance of any investment in my Business or any equity interests thereto of any kind from one or more of the venture capitalist “sharks” or any other person may be a securities offering and/or a sale of securities governed by federal, state and other securities laws, and I agree to comply with any and all applicable securities laws in connection therewith, including but not limited to laws governing the offer and sale of securities. I also understand that it is my sole responsibility to comply with such securities laws, that Producer, Sony Pictures Television Inc. and American Broadcasting Companies, Inc. (collectively the “Shark Tank Entities”) will not be providing me with any advice or

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assistance of counsel in that regard. In addition, I acknowledge and agree that the Shark Tank Entities will not be acting on my behalf, either directly or indirectly, as an agent, broker or finder, in connection with the offer or sale of any securities and that the Shark Tank Entities will not have any liability for my failure to comply with such securities laws.

5.Confidentiality. Without the express prior written consent of Producer, I shall not at any time, reveal, report, publish or disclose any information or trade secrets obtained or learned by me about the Series, including, without limitation, any information concerning or relating to the Series, the participants, the events contained in the Series, any ideas, products, inventions, services or businesses presented by any participant in connection with the Series or the outcome of the Series or any episode or presentation associated therewith (collectively, “Confidential Information”). This confidentiality obligation shall remain in place whether or not I am selected to participate in the Series, and shall continue both during and after my participation in the participant selection and, if I am selected as a participant, my participation in the Series, and shall continue regardless of whether or not an episode of the Series has been broadcast which may include some or all of the Confidential Information. I further agree that any Confidential Information of which I become aware will only be used for the express and exclusive purposes for which Producer has instructed me to use the Confidential Information.

6.General Release. To the maximum extent permitted by law, I, my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (collectively “Releasing Parties”) hereby irrevocably and unconditionally release and covenant not to sue Producer, OTT, SPT, ABC, their respective parent, subsidiary, affiliated and related entities, their successors, licensees, assigns, and their respective directors, officers, shareholders, members, employees, agents and representatives (collectively “Releasees”) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees) (collectively “Claims”) arising out of, resulting from, or by reason of my application for and/or participation in or in connection with the Series, including, without limitation, any travel I undertake in connection with my participation in the Series, any exploitation, distribution, exhibition, advertising and/or promotion of the Series or my appearance on the Series, any disclosure of my idea, product, invention, service or business, the failure of the Producer to select me as a participant, the cancellation of the Series, the negotiation, entry into or breach of any agreement between any venture capitalist “shark” and me (whether during or after the production of the Series and whether or not such negotiation culminates in a binding agreement), or the exercise by Producer or anyone else of any rights granted by me under this Agreement, on any legal theory whatsoever (including without limitation personal injury, property damage, violation of privacy and publicity rights, false light, defamation, intentional or negligent infliction of emotional distress, products liability, breach of express or implied contract, breach of any statutory or other duty of care owed under applicable laws, infringement of copyright, trademark or patent, loss, limitation or reduction of any intellectual property rights and loss of earnings or potential earnings).

7.Limitation of Remedies. Without limiting any provision of this Agreement, my remedies for any breach of this Agreement by Producer or others will be limited to an action at law for damages (if any), and in no event will I be entitled to rescind this agreement or seek injunctive or any other equitable relief (including without limitation through any arbitration proceeding) in connection therewith.

Initial Here:

8.Release of Unknown Claims. I acknowledge that there is a possibility that after my execution of this Agreement, I may 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 Agreement. I acknowledge and agree that by reason of this Agreement, and the release of liability contained herein, 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Notwithstanding Section 1542 of the California Civil Code, this Agreement shall constitute a full release of liability in accordance with its terms. I and the Releasing Parties knowingly and voluntarily waive the provisions of Section

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1542, as well as any other statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this Agreement and that without such waiver, Producer would not have accepted this Agreement or my application.

9.Indemnity. I, individually and on behalf of the Releasing Parties, agree to defend (at indemnitees’ option), indemnify and hold harmless the Releasees from any and all Claims caused by or arising out of my application for and/or participation in and in connection with the Series, including, without limitation, any of the following: (i) any statement, action or omission made or taken by me or anyone else during or in connection with or relating to the Series; (ii) my failure to follow the instructions of Producer, Network, any of their officers, agents, representatives or employees, or anyone connected with the Series; (iii) my breach of any of my representations, warranties, undertakings, promises or obligations pursuant to this Agreement or the Series Rules (as may be promulgated and amended from time to time); (iv) my possession or use of any prize or investment; or (v) the use by Producer or Network or any of their respective licensees or assigns of any of the rights I have granted herein.

10.Governing Law. This Agreement shall be deemed to be entered into in Los Angeles County, California, and shall be governed by and interpreted in accordance with the laws of the State of California applicable to agreements executed and fully carried out within California (but not its conflict of laws principles).

11.Dispute Resolution/Binding Arbitration. Both Producer, on behalf of itself, SPT and Network, and I acknowledge, understand and agree that any action, proceeding or litigation concerning this Agreement or my appearance or participation in the Series may only be brought in Los Angeles County, California, and that, subject to the arbitration proceeding below, the courts of Los Angeles County, California, shall have exclusive jurisdiction over me and the subject matter of any such proceeding. The parties agree that any and all disputes, controversies or claims arising under or relating to this Agreement or any of its terms, including without limitation the applicability of this arbitration provision, any effort by any party to enforce, interpret, construe, rescind, terminate or annul this Agreement, or any provision thereof, and any and all disputes or controversies arising under or relating to my possible appearance or participation in the Series that are not otherwise barred or released pursuant to the terms of this Agreement (collectively, “Matters”), and cannot be resolved through direct discussions, the parties agree to endeavor first to resolve by mediation conducted in the County of Los Angeles by JAMS or its successor (“JAMS”). If any Matter is not resolved, as set forth above, the parties then agree that it shall be resolved by binding arbitration conducted in accordance with the Streamlined Arbitration Rules and Procedures of JAMS through its Los Angeles, California office, in accordance with California law. Any such arbitration shall be conducted by a single, neutral arbitrator, who shall also be a retired judge of a state or federal court, experienced in entertainment disputes, and selected from the JAMS’ panel of arbitrators proffered by its Los Angeles, California office. If the parties cannot agree upon an arbitrator after good faith discussion, the arbitrator shall be chosen by JAMS pursuant to the requirements of this paragraph. The parties agree that the arbitrator’s ruling in the arbitration shall be final and binding and not subject to appeal or challenge. The parties further agree that the arbitration proceedings, testimony, discovery and documents filed in the course of such proceedings, including the fact that the arbitration is being conducted, must be treated as confidential and must not be disclosed to any third party to such proceedings, except the arbitrator(s) and their staff, the parties’ attorneys and their staff, and any experts retained by the parties; provided that such arbitrator(s) and their staff, the JAMS and its staff, the parties’ attorneys and their staff, and any experts retained by the parties. The Federal

Arbitration Act (9 U.S.C. § 1, et seq.) or its successor statute shall apply and govern the enforcement of this arbitration

clause. By agreeing to arbitration, the parties acknowledge that they have waived the right to a jury trial. I further acknowledge and agree that the business realities of television productions of this nature, including the Series, create special circumstances for which Producer must be able to maintain its ability to seek injunctive relief and/or other equitable and/or provisional remedies. Accordingly, the parties agree that nothing in this paragraph or in any of the applicable rules of JAMS, shall prevent Producer, SPT or Network from seeking provisional relief outside of arbitration. For example, a participant’s premature or threatened disclosure in violation of the confidentiality provisions of this Agreement could result in a reduction of audience interest or other diminution in the value of the Series or Producer’s, SPT’s or Network’s rights hereunder, which would cause Producer, SPT and Network irreparable injury and damage that could not be reasonably calculated or adequately compensated by damages in an action at law. I hereby expressly agree that Producer, SPT and Network shall be entitled to injunctive and other equitable relief pursuant to California Code of Procedure section 1281.8 and any successor or similar statute.

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