Escolar Documentos
Profissional Documentos
Cultura Documentos
Packet
Presented
by
www.StudentFILMcollective.org
This
is
an
agreement
between
_____________________________
(Team
Leader),
representing
the
film
team
known
as
_____________________________
(Team),
and
the
Student
FILM
Collective
72-Hour
Short
FILM
Challenge,(72HSFC),
with
respect
to
Team
Leaders
and
Teams
involvement
in
the
72-Hour
Short
FILM
Challenge
and
creation
of
a
short
film
or
video
(the
Film)
pursuant
to
the
terms
below.
Team
Leader
hereby
agrees
on
b ehalf
o f
h i m /herself
a n d
T e a m
t o
t a k e
p a r t
i n
t h e
Greater
New
York
72-Hour
Short
FILM
Challenge
(Challenge),
being
produced
by
the
Student
FILM
th Collective
and
scheduled
to
take
place
from
4:00PM
Friday
November
4
to
4:00PM
Monday,
November
7th,
2011.
q Team
Leader
has
read,
and
agrees
on
behalf
of
rights
of
any
kind
of,
including
the
right
of
privacy,
off
any
person
or
entity.
him/herself
and
Team
to
abide
by,
the
Filmmaking
Rules
and
the
Competition
Rules
(collectively
Official
r Team
Leader
hereby
agrees
to
indemnify,
defend,
and
Rules)
of
the
project,
the
t e r m s
o f
w h i c h
a r e
a v a i l a b l e
hold
harmless
72HSFC,
its
officers,
d irectors,
employees,
a t
http://72HSFC.StudentFILMcollective.org/rules
and
licensees,
partners
and
assigns
(collectively
Indemnified
by
reference
made
a
part
hereof.
It
is
understood
that
Parties)
from
any
and
all
claims,
costs,
damages,
expenses
72HSFC
reserves
the
right
to
disqualify
from
screening
or
and
liabilities
including
without
limitation
attorneys
fees
exhibition
and
remove
from
consideration
for
awards
and
(collectively
Claims)
a r i s i n g
fro m
the
creation,
prizes
any
films/videos,
w h i c h
do
not
adhere
to
the
Official
Rules.
p r o d u c t i o n ,
u
s
e,
e
x
h
i
b
i
t
i
o
n,
p
r
o
m
o
t
i
o
n,
m
a
r
k
e
t
i
n
g,
merchandising,
or
other
exploitation
of
the
Film
by
the
w Team
Leader
hereby
understands
that
he/she
is
Indemnified
Parties
and/or
any
of
them,
Team
Leader,
responsible
for
all
crew,
cast,
equipment,
sets,
locations,
Team
and/or
any
member
thereof
(including
without
and
other
items
necessary
for
participating
in
the
limitation
Claims
for
negligence
and
other
torts,
Project,
and
all
costs,
expenses,
damages
and
claims
unauthorized
use
of
likeness,
invasion
of
right
of
privacy,
related
thereto.
72HSFC
is
providing
the
event
and
publicity
or
personality,
defamation,
fraud,
infringement
guidelines
in
which
the
Team
Leader
is
taking
part;
a
of
copyright
and/or
trademark,
and
breach
of
contract),
screening
opportunity
f o r
all
qualifying
f ilms/videos;
a n d
and
for
A ny
b reach
b y
T eam
L eader
o f
a ny
a
prize
for
the
Project
winner.
Representation,
w a r r a n t y
o r
obligation
o f
Team
Leader
hereunder.
e Team
Leader
hereby
affirms
that
he/she
will
secure
all
rights
(including
without
limitation
copyrights)
in
and
to
t Team Leader and 72HSFC will jointly own, as coall
material
included
in
the
Film,
i n c l u d i n g
w i t h o u t
authors, t h e c o p y r i g h t i n a n d t o t h e F i l m , a n d hereby agree to the following division of rights: l i m i t a t i o n
a n y
a n d
a l l
I
m
a
g
e
s,
p
h
o
t
o
g
r
a
p
h
s,
p
e
r
f
o
r
m
a
n
c
e
s,
appearance(s)
by
any
person(s),
sounds,
From
the
date
Team
Leader
submits
his/her
film
to
the
soundtrack
and
music
(including
without
limitation
72HSFC
and
continuing
until
June
30,
2012
(End
Date):
compositions,
recordings
and
performances).
In
no
manner
l imiting
t he
foregoing,
T eam
L eader
will
o b t a i n
(a)
Team
Leader
shall
have
the
following
non-exclusive,
a
s i g n e d
T a l e n t
R e l e a s e
f r o m
a l l
persons
non-assignable
rights:
(i)
To
enter
the
Film
in
film
festivals
appearing
in
the
Film,
a
signed
Liability
Waiver
from
all
&
competitions;
(ii)
to
screen
the
Film
at
local
film
events;
cast
and
crew,
a
signed
Music
Release
from
all
persons
or
(iii)
to
stream
the
Film
or
any
portion
thereof
for
free
on
entities
providing
music,
and
a
signed
Location
Release
Team
L eaders
p ersonal
w ebsite
o r
for
free
o n
a ny
t hird
for
all
locations
used
in
t he
Film.
T eam
Leader
represents
party
website
for
Internet
viewing,
provided
that
the
and
warrants
that
he/she
(a)
is
free
to
enter
into
this
Film
or
portion
thereof
as
so
streamed
contains
an
initial
Agreement,
(b)
that,
except
with
regard
to
72HSFCs
rights
full
screen
title
card
stating
This
F ilm
w as
created
f or
the
as
set
forth
herein,
Team
Leader
is
the
sole
copyright
72-Hour
Short
Film
Challenge
(or
other
language
as
may
holder
in
and
to
the
Film;
a nd
(c)
the
Film
d oes
n ot
to
the
be
designated
by
72HSFC);
(iv)
to
distribute
the
film
for
best
of
Team
Leaders
knowledge
(including
what
Team
free
via
DVD;
(v)
to
use
the
Film
on
a
professional
reel
to
Leader
should
know
or
h a v e
known
in
t h e
promote
Team
Leader,
Team
or
any
Team
member;
and
exercise
of
r easonable
prudence)
violate
the
copyright
of
(vi)
any
other
use
agreed
to
in
writing
by
72HSFC.
any
person
or
entity,
or
defame
or
infringe
upon
any
Page 1 of 3
(b) 72HSFC shall have the following rights, which, except for the limited rights of Team Leader as set forth above, shall be exclusive to 72HSFC: to copy, screen, show, exhibit, telecast, broadcast, advertise, m a r k e t , e x p l o i t , an d disseminate t h e Film and/or any portion thereof throughout the universe in perpetuity, via any medium and in any manner whether now known or hereafter invented, including but not limited to theatrical, television (including without limitation all forms of broadcast, cable, Video On Demand (VOD) and digital television), DVD/home video/videogram (including any videogram successor), Internet distribution and any means of digital download, and to sell, license and/or assign any or all of the foregoing rights to any third party. In no manner limiting the foregoing, 72HSFC shall have the right to use the Film and any portion thereof to advertise, promote and publicize the S T U D E N T F I L M C O L L E C T I V E , t h e 72-Hour Short FILM Challenge and/or any sponsor t h e r e o f i n a n y m a n n e r a n d v i a a n y medium at Student FILM Collectives sole discretion.
72HSFCs net proceeds for the purposes of this paragraph 6 shall be defined, computed, paid and accounted for pursuant to 72HSFCs standard definition, which shall include allowances for the deduction from gross receipts 72HSFCs customary deductions including, without limitation, d istribution fees, distribution expenses, and overhead. 72HSFC shall make semi-annual (i.e., twice per year) reports to Team Leader, provided, however, that 72HSFC need not issue a report if Team Leader has not accumulated revenue to report. 72HSFC shall issue checks to Team Leader on a semi-annual b asis so long as total revenue for a Team Leader has reached a minimum o f $25.
The parties agree that the following terms shall apply should 72HSFC license, sell, or otherwise assign (license) any rights in the Film to a third party licensee prior to the End Date:
(a) Individual L i c e n s e (i.e., Student FILM Collective licenses the Film individually): 72HSFC w i l l receive t h e first $150 of any license fee and/or royalties or reuse fees received therefrom; Team Leader shall receive 80% of the net proceeds from the remainder (i.e., those in excess of $150) of such license fee and/or royalties/reuse fees.
(b) Collection (i.e., 72HSFC licenses two or more films (Collection) o f which the Film is one): If Team Leaders entire Film is included in the Collection, Team Leader will receive a pro rata share of 50% of 72HSFCs net proceeds therefrom. Pro ration will be dependent upon number of films included in the collection.
(c) Sponsor License: Notwithstanding the foregoing, in the event the licensee of the Film or Collection is a sponsor of 72HSFC or the Project (Sponsor) as determined by 72HSFC, 72HSFC will retain 100% of all proceeds, if any, from any such license.
Should the Team Leader receive a distribution offer prior to the End Date and not initiated by 72HSFC, Team Leader may enter into the deal provided the following requirements a r e met: 1) 72HSFC gives authorization i n writing; 2) 72HSFC Receives 20% of all distribution proceeds.
(d) Official 72HSFC DVD: If the entire Film is included on a 72-Hour Short FILM Challenge compilation DVD, Team Leader will receive a pro rata share of 50% of net proceeds received b y 72HSFC w hen more than 2500 DVDs are sold. Pro ration will be dependent upon number of films included on said compilation.
Page 2 of 3
1@
1)
Team Leader acknowledges that, in the event of any breach by 72HSFC or any third party, the damage, if any, caused to Team Leader thereby will not be irreparable or otherwise sufficient to entitle Team Leader to seek injunctive or other equitable relief. Team L eaders rights and remedies in such event will be strictly limited to the right, if any, to recover compensatory (but not punitive or consequential) damages in an action at law, and Team Leader will have neither the right to rescind or terminate this agreement or any of 72HSFCs rights hereunder, nor the right to enjoin the exhibition or other exploitation of the Film or any subsidiary or allied rights with respect thereto.
Team Leader hereby acknowledges that a Making of the 72-Hour Short FILM Challenge (the Documentary) m a y be shot during the 72-Hour Short FILM Challenge, and hereby agrees to allow camera crews to tape his/her team during any production stage of the project; and further agrees to immediately provide t o t h e 7 2 H S F C a s i g n e d release for each of his/her participating cast and crew members, using the attached Release (Exhibit A). 72HSFC has no obligation whatsoever to produce or exhibit the Documentary, however.
1#
72HSFC will not be liable for any special, indirect or consequential damages, without limitation, damages arising under any Claim or cause of action, including contract, warranty, strict liability or tort, whether or not 72HSFC has been advised of the possibility of such damages. Furthermore, it is understood that 72HSFCs total liability for any Claims and/or causes of action shall n o t e x c e e d , a n d i s l i m i t e d t o , t h e t o t a l amount paid to 72HSFC in entry fees by Team Leader under this agreement. These limitations s hall apply notwithstanding the f ailure of t he essential purpose of any limited remedy.
Student FILM Collective 72-Hour Short FILM Challenge By: Its: Date:
2.
3.
4. 5.
16. SELECTION OF WINNERS: Entries will be judged by a process in which qualified panels of judges will evaluate the eligible entries based on the following judging criteria: Artistic Merit (e.g., Story, Creativity, Entertainment Value) (45%) Technical Merit (30%) Adherence to the Assignment (25%) The Top Entry will be declared the winner. In the event of a tie, the tie will be broken based on the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed to break the tie. Entrants agree that the 72HSFC has the sole right to decide all matters and disputes arising from this Challenge and that all decisions of 72HSFC are final and binding. 17. ONE (1) TOP PRIZE: The top Entry will be awarded (prize yet to be determined); and will be featured at the Collective Shorts FILM Show at the end of the year. 18. GENERAL CONDITIONS: By participating, Entrants agree to these Official Rules which are final and binding in all respects. The Challenge is governed by the laws of the City of New York, New York, USA, and all claims must be resolved in New York courts or the Federal courts located in New York City. 19. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Student FilmCollective, The New School, 72HSFC or Challenge Parties resulting from any user's participation in or attempt to participate in the Challenge or ability or inability to upload or download any information in connection with participating in the Challenge. No responsibility or liability is assumed by the 72HSFC or Challenge Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Challenge: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail
transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Challenge, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Challenge, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Challenge. 72HSFC and Challenge Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user's own risk. 72HSFC and the Challenge Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Challenge, use of the Web Site or the download of any information from the Web Site. By participating in the Challenge, Entrant agrees to release, indemnify and hold 72HSFC and Challenge Parties harmless from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Challenge. 20. WINNERS: Winners will be announced at the Film Screening on Monday November 7 and posted online at www.StudentFILMCollective.org/Chal lenge72. 21. CHALLENGE ORGANIZER: The Student FILM Collective, StudentFILMCollective.org, 90 Fifth Ave, New York, NY 10011 22. FILMMAKING RULES: The following rules apply to each participating group/production team: A. Times The 72-Hour Short FILM Challenge (72SHFC) will occur in The Greater NY Area and Officially begin at the Kickoff Event on Friday November th 4 , 2011 @ 3:00PM, in Room D1009, at 6 E 16th St, NYC. (See Rule E) The 72-Hour Short FILM Challenge will occur between Friday
(November 4 2011) 4:00pm local time and the following Monday th (November 7 ) 4pm local time. This is the "Official 72-Hour Time Period". The participating group/team must complete its film/video work in time to deliver it to a location to be announced, bye Monday Nov 7 at 4:00pm. Only works that meet the deadline will be officially part of the competition. All films received on Monday (on-time) will be screened.
th
B.
All creativity must take place during the "Official 72 Hour Time Period." Any creativity work in advance of the competition weekend is prohibited. Creative work includes, but is not limited to: Writing the script Rehearsing Costume/Set Design Shooting Editing Sound Design Rendering Outputting to tape or other media The only work to begin prior to the "Official 72 Hour Time Period" is: Organizing Crew Organizing Cast Securing Equipment Scouting/Securing Locations (See also Rule D and Rule J.) All footage must be shot within the 72 hour time period of the project. No stock footage or footage shot or created at another time may be used. Animation and special effects are permitted, but must be created during the 72 hour time period. (Note: Stock footage, as part of a special effect in a third party special effects program, is permissible.) Still photographs are permitted, provided that the team has the rights to them. The photos do not need to be created during the 72 hour time period; however, stills created outside of the official 72 hour time period may not be used in sequence to create the illusion of motion.
C.
D.
E.
F.
G.
H.
I.
Each participating group must have a representative at the official Kickoff Event of the 72 Hour Film Project. At the event, each group must submit a complete Team Leader's Agreement, signed by its team leader. (This form can be found on the 72-Hour Short FILM Challenge website.) A team may not participate without submitting this agreement. Each group will choose the genre of its film in a random drawing. Teams will be given the option of relinquishing the genre selected in the drawing for a Wild Card genre. If opting for the Wild Card, teams may not go back to their original genre. Each participating group will be assigned required elements that must appear in its film, such as a genre, a character, a prop and/or a line of dialogue. The required Character and Prop must be seen on-screen. The required Line of Dialogue must be used verbatim. It may be spoken, sung and/or written. It may be in any language, though if it is unclear that it is the required Line, there must be a translation. To qualify as an "Official 72 Hour Film," each group's film must be in the genre it selects and must contain all required elements within the official time limit and prior to the credits. All cast and crew must become members of the Student FILM Collective, and must participate as non-paid volunteers. Any type of video or film camera may be used, however, a maximum of only three cameras may be used to shoot footage for use in your film. Sound recorders are allowed in addition to this three-camera limit. Cameras used for a purpose other than recording video footage (for example, as props, editing decks, sound recorders, or to record solely behind-the-scenes footage) are allowed in addition to this three-camera limit. Filmmakers are encouraged to use Student FILM Collective members as cast and crew.
J.
Participating groups are encouraged to work with a local composer and/or musicians to write and record music for the films. It is permissible for a participating group to use pre-recorded music; however the participating group must have the rights to any music used in its film and must provide releases for all music used. As with music, pre-recorded sound effects are allowed, but you must have rights to use them. Note: Song parodies (i.e., use of identifiable pre-existing compositions with new or altered lyrics or music) may not be included in the film without a signed release from the compositions rights holder. This rule applies without regard to whether the song parody arguably constitutes "fair use" under US or international copyright law.
M. For the United States, Canada, Chile, Japan, Peru, South Korea, and Taiwan, the finished film/video must be in NTSC. For all other countries, it must be in PAL. Unless otherwise instructed on the 72- Hour Short FILM Challenge website, your film must be submitted on one of the following media:
(Preferred) a self-contained QuickTime file with no proprietary codecs on either: - a data DVD, or - a USB flash drive
K.
L.
The finished film must be a minimum of 4 minutes in duration, and a maximum of 6 minutes in durationnot including credits. See Rule L. Credits at the end of each film are limited to a maximum of 30 seconds. The 30 seconds is considered additional to the length of the film, as stated in Rule K. (That is, a film may be 6 minutes long, with an additional 30 seconds of credits, for a total running time of 6 minutes 30 sec) The end credits must include the words: "This film was made for the Student FILM Collective 72-Hour Film Project. www.StudentFILMCollective.org" Opening credits are considered to be part of the film, and therefore count against the seven-minute maximum. Additionally, if your film has opening credits other than simply the film's title, you must include one of the following:
Please check your city page for complete submission requirements. If your film does not conform to the submission requirements in your city, it may be disqualified. Also, if your film cannot be viewed on 72SHFC equipment, it may be disqualified. N. Notes on submissions: We recommend that each team submit two copies of the final film. We recommend that you make sound levels relatively even throughout your film. (If your film has uneven sound or sound that peaks, it may be modified to protect the playback equipment.) Projection specs vary from theater to theater and are beyond the control of the 72SHFC. If your film is very dark, it may be difficult to see in your theater. All films received on the evening of the deadline on-time will be screened, presuming they are eligible according to Rule R.
The text "[your team name] presents" immediately followed by "a 72 Hour Film Project" or The text a 72 Hour Film Project immediately following the title of your film
"A 72-Hour Short Film " should not be in quotes and may be entirely lowercase (i.e., "a 72 hour short film ").
O.
Before the finished film begins, the media should have: 5 seconds of black A title card with: team name, title, genre, city, and date A title card with: "This film was made in Collaboration with the Student FILM Collective for the Fall 2011 72-Hour Short FILM Challenge. www.StudentFILMcollective.org" 2 seconds of black Your film
Entries containing prohibited or inappropriate content as determined by the 72SHFC, in its sole discretion, to be inappropriate will be disqualified. 72SHFC reserves the right to make the final determination as to which Entries are eligible. 72SHFC also reserves the right to refuse to screen a film or to make an announcement at the screening regarding the content of the film. S. The Entrant should not distribute their film in any way before the premiere screenings. This includes uploading the film to any website. The Entrant is encouraged to make a trailer of their film and distribute that instead. This trailer should be no longer than 72 seconds. T. To be certified as an "Official 72 Hour Film," each participating group's film/video production must follow all rules herein. The 72-Hour Short FILM Challenge Organizers reserve the right to screen only certified "Official 72 Hour Films." U. No Entries (media or documents) will be returned. V. 72SHFC and Project Parties may, in their sole discretion, disqualify Entries deemed to be inappropriate or otherwise non-compliant. W. All certified "Official 72 Hour Films" are eligible to compete for the title of Best 72 Hour Film in its city. X. All films are eligible to compete for title of Best 72 Hour Film. Panels of independent judges will determine the winners. Y. The Student FILM Collective Officers and Event Organizers may add to or amend these rules at any time prior to the beginning of the 72 Hour time period.
P.
Q.
R.
Each team must secure releases for talent, crew, music and locations (and any other applicable releases), which must be turned in to the project organizers with the finished film/video. (The release forms can be found on the 72-Hour Short FILM Challenge website.) The film/video will not be screened before the 72-Hour Short FILM Challenge Organizers receive the signed releases. The Entrant must submit a Certification Statement with his/her completed Entry, certifying adherence to all Official Rules. To be eligible for the Project, Entries must be the original work of the Entrant; must not infringe third-party's rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material; may not contain defamatory statements about any person, company, organization or entity; may not invade privacy or other rights of any person, company or entity; may not in any other way violate applicable laws and regulations; and may not contain any copyrighted elements (other than as owned by the Entrant and/or 72SHFC).
TEAM CHECKLIST
(make sure you have all of these items with you on Monday)
* An envelope will be given to the team leader or his/her representative at the Kickoff.
CERTIFICATION
(Please complete and submit with your film on Monday)
I, __________________________________________, team leader/producer for __________________________________________________________, a team participating in the (your city)
72-Hour S h o r t Film Challenge, hereby certify that all creative work on our film, (film title), including all writing, shooting and editing, occurred during the official 72 hour time period beginning Friday at 4 p.m. Local time and ending on Monday by 4:00 p.m. local time.
TEAM ROSTER
(Please complete and submit with your film on Monday; attach additional sheets as necessary)
Title/Job
(e.g., Producer, Director, etc.)
Name
E-mail Address
7.
2.
3.
8.
4.
9.
10.
5.
11.
6.
12.
I represent and warrant that I am the parent or guardian of the minor whose name appears above, that I have read and approve of the foregoing Release, and consent to its execution by my child/ward. For good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, I hereby release the Released Parties as set forth and in accordance with the foregoing Release from any claims and/or causes of action I may have against them of any nature whatsoever, and I hereby fully and unconditionally guarantee my child's/wards releases, waivers and grant of rights as set forth above.
2.
3.
I hereby irrevocably grant to Filmmaker, the Student FILM Collective, and 72-Hour Short Film Challenge (72HSFC) (collectively, Producer) the right to incorporate the Material, and any portions thereof, in whole or in part in the Film in any manner at Producers sole discretion, and to use and exploit the Material (as incorporated in the Film) in all media, versions and forms, whether now known or hereafter devised, in all languages, throughout the universe, in perpetuity, including, without limitation, television, the Internet, DVD, books, merchandise and all ancillary exploitation, and in any advertising, publicity or promotion for the Film, the Project, 48 HFP and/or any sponsor of 72HSFC and/or the Project. Producer has the right to alter or modify the Material in any manner, at its sole discretion. Producer may in its sole discretion accord me credit in the Film and/or otherwise for such use. I represent that I have the right to grant to Producer the right to use the Material without the necessity of obtaining the consent of any third person or entity, and that the Material does not infringe the copyright or violate any right of publicity, privacy or any other right of any person or entity. Nothing herein requires Producer to use the Material. I agree to indemnify and hold harmless Producer and any person claiming under Producer, and the officers, directors, shareholders, employees, agents and representatives thereof, from and against any liabilities, losses, claims, demands, costs (including, without limitation, reasonable attorneys fees) and expenses arising in connection with any breach or alleged breach by me of any above representations or agreements. I hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. I acknowledge that, in the event of any breach by Producer or any third party, the damage, if any, caused me thereby will not be irreparable or otherwise sufficient to entitle me to seek injunctive or other equitable relief. I acknowledge that my rights and remedies, if any, in any such event will be strictly limited to the right, if any, to recover compensatory monetary (but not punitive or consequential) damages in an action at law, and I will have neither the right to rescind or terminate this Agreement or any of Producers or its licensees or assigns rights hereunder, nor the right to enjoin the production, exhibition or other exploitation of the Film or any subsidiary or allied rights with respect thereto, nor will I have the right to terminate my obligations hereunder by reason of such breach. I agree to timely execute and deliver (or to procure the timely execution and delivery to Producer of) any additional documents which Producer may require to evidence its rights. I hereby appoint Producer, or its nominee, as my irrevocable attorney-in-fact, with the right, but not the obligation, to prepare or complete any such documents and to execute the same in my name, or to obtain execution thereof by others. In addition to any of its other rights or remedies, Producer will be entitled to seek injunctive relief in the event of any breach of my representations, warranties and agreements hereunder. Producer and shall have the right to freely assign and license this agreement and all or a portion of its rights and remedies hereunder, without my consent. This Agreement will inure to the benefit of and will be binding upon the parties respective affiliates, successors, licensees, assigns, heirs and representatives. This Agreement constitutes the entire understanding and agreement of the parties hereto with respect to the subject matter hereof and cannot be amended except by a written instrument signed by the parties hereto. I give Producer the foregoing grant of rights with the full knowledge and understanding that Producer may incur substantial expense in reliance thereon. Producer may at any time elect not to use the Materials, in which case neither party will have any obligation to the other hereunder.
4.
5.
6.
Page 1 of 2
Agreed and Accepted:
Name:
Signature: Date:
Phone: Address:
Email:
Page 2 of 2
1.
For
good
a n d
valuable
c o n s i d e r a t i o n
t h e
receipt
a n d
adequacy
o f
which
i s
hereby
a c k n o w l e d g e d ,
t h e
undersigned
(I,
m e,
m y)
a gree
t o
f urnish
t h e
m aterials
d e s c r i b e d
b e l o w
(collectively
Material)
i n t e n d e d
t o
b e
in
c
o
r
p
o
r
a
t
e
d
in
and
u
s
e
d
in
connection
with
a
m
o
t
i
o
n
p
i
c
t
u
r
e
(
F
i
l
m
)
being
p
r
o
d
u
c
e
d
by
(Filmmaker)
a s
p art
o f
t he
7 2-Hour
Short
Film
Challenge
on
or
about
(date)
(the
Project).
2.
I hereby irrevocably grant to Filmmaker and 72-Hour Short Film Challenge, Inc. (72HSFC) (collectively, Producer) the right to incorporate the Material, and any portions or images contained therein, in whole or in part in the Film in any manner at Producers sole discretion, and to use and exploit the Material (as incorporated in the Film) in all media, versions and forms, whether now known or hereafter devised, in all languages, throughout the universe, in perpetuity, including, without limitation, television, the Internet, DVD, books, merchandise and all ancillary exploitation, and in any advertising, publicity or promotion for the Film, the Project, 72HSFC and/or any sponsor of 72HSFC and/or the Project. Producer has the right to alter or modify the Material in any manner, at its sole discretion. Producer may in its sole discretion accord me credit in the Film and/or otherwise for such use. I represent t hat I have the right to grant to Producer t he right to use the Material w ithout the necessity o f obtaining the consent of any third person or entity, and that the Material does not infringe the copyright or violate any right of publicity, privacy or any other right of any person or entity. Nothing herein requires Producer to use the Material. I agree to indemnify and hold harmless Producer and any person claiming under Producer, and the officers, directors, shareholders, employees, agents and representatives thereof, from and against any liabilities, losses, claims, demands, costs (including, without limitation, reasonable attorneys fees) and expenses arising in connection with any breach or alleged breach by me of any above representations or agreements. I hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. I acknowledge that, in the event of any breach by Producer or any third party, the damage, if any, caused me thereby will not be irreparable or otherwise sufficient to entitle me to seek injunctive or other equitable relief. I acknowledge that my rights and remedies, if any, in any such event will be strictly limited to the right, if any, to recover compensatory monetary (but not punitive or (Consequential) damages in an action at law, and I will have neither the right to rescind or terminate this Agreement or any of Producers or its licensees or assigns rights hereunder, nor the right to enjoin the production, exhibition or other exploitation of the Film or any subsidiary or allied rights with respect thereto, nor will I have the right to terminate my obligations hereunder by reason of such breach. I agree to timely execute and deliver (or to procure the timely execution and delivery to Producer of) any additional documents, w h i c h Producer may require to evidence its rights. I hereby appoint Producer, or its nominee, as my irrevocable attorney-in-fact, with the right, but not the obligation, to prepare or complete any such documents and to execute the same in my name, or to obtain execution thereof by others. In addition to any of its other rights or remedies, Producer will be entitled to seek injunctive relief in the event of any breach of my representations, warranties and agreements hereunder. Producer shall have the right to freely assign and license this agreement and all or a portion of its rights and remedies hereunder, without my consent. This Agreement will inure to the benefit of and will be binding upon the parties respective affiliates, successors, licensees, assigns, heirs and representatives. This Agreement constitutes the entire understanding and agreement of the parties hereto with respect to the subject matter hereof and cannot be amended except by a written instrument signed by the parties hereto. I give Producer the foregoing grant of rights with the full knowledge and understanding that Producer may incur substantial expense in reliance thereon. Producer may at any time elect not to use the Materials, in which case neither party will have any obligation to the other hereunder.
3.
4.
5.
6.
7.
Location
Release
DATE:
______________,
2011
ADDRESS
OF
PROPERTY:
NAME:
[Owner]
Owner hereby grants to ________________________(Producer) and the Student FILM Collective 72-Hour Short FILM Challenge, (72HSFC) and their respective parents, subsidiaries and affiliates, licensees, successors and assigns (collectively the Released Parties), for good and valuable consideration, receipt of which is hereby acknowledged, permission to access, enter upon and use the Property identified above and the contents thereof and the appurtenances thereto (the Property) for the purpose of photographing and recording certain scenes in connection in and in connection with a motion picture (Film) being produced by ________________________(Producer) as part of the 72-Hour Short FILM Challenge on or about __________(date) (the Project), as well as in connection with any behind the scenes recordings taped, filmed, recorded and/or otherwise produced by 72HSFC with regard to the making of the Project (Documentary Footage), during production thereof. All physical embodiments of filming, recording and photography on the Property shall hereinafter be known as the Materials. 72HSFC and/or Producer may place all necessary facilities and equipment on the Property and agree to remove it after completion of work and leave the property in as good of condition as when received. 72HSFC and/or Producer will use reasonable care to prevent damage to said Property. Owner irrevocably grants to Producer and 72HSFC all rights of every kind in and t o the M aterials including w ithout limitation the right to exploit the Materials throughout the world, in any and all languages, a n u nlimited number of times, in perpetuity in any and all media, now known or hereafter invented, in and in connection with the Film and/or the D o c u m e n t a r y F o o t a g e , 7 2 H S F C o r otherwise a n d f o r a d v e r t i s i n g a n d p r o m o t i o n a l p u r p o s e s i n c o n n e c t i o n therewith and all rights, including copyright in the Materials shall be and remain vested in Producer and/or 72HSFC. In no manner limiting the foregoing, Producer and 72HSFC shall have the perpetual right to edit, dub, subtract from, add to or modify the Materials in any manner, combine the Materials with any other material and/or incorporate it into other Film and/or the Documentary Footage(s). Owners signature hereon subsequent t o the production of the Materials shall have the same effect as if Owner had signed in advance thereof. Owner hereby waives any right of inspection or approval of the appearance of the Property in the Materials, and the uses to which such appearance and/or the Materials may be put. Owner acknowledges that Producer and/or 72HSFC will rely on this permission and this Release potentially at substantial cost to them and Owner hereby agrees that neither O wner, nor any tenant, n o r other p arty now or hereafter h aving a n interest in t he P r o p e r t y (collectively Releasing Parties), shall have any right of action against the Released Parties or any of them or any other party arising out of the production (including without limitation trespass to real or personal property and/or invasion of privacy) or any use of said Materials whether or not such use is, or may be claimed to be, defamatory, untrue or censorable in nature. In no manner limiting the foregoing, none of the Releasing Parties will be entitled to equitable or injunctive relief in conjunction with any claim or action of any kind against the Released Parties or any of them. The undersigned rep resen ts and warrants that t h e u n d e r s i g n e d h a s a l l rights and a u t h o r i t y t o e n t e r i n t o t h i s agreement and to grant the rights granted hereunder. No other authorization is necessary to enable Producer and/or 72HSFC to use the Property for the purposes herein contemplated. Producer and/or 72HSFC are not obligated to actually use the Property or produce the Film and/or the Documentary Footage or include the Materials in the Film and/or the Documentary Footage for which it was shot or otherwise. This is the entire agreement. This release shall bind O wner and O wners personal r epresentatives a nd/or e xecutors. This release shall be governed by and construed in accordance with the laws of the District of Columbia.
Email: