BOSTON BIKE FILM FESTIVAL 2005
Submission
Agreement
& Release Form
PLEASE NOTE You will need to print and fill out a separate Release Form for
each Film submitted.
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I am hereby submitting the enclosed/attached film (the "Film") to the
Boston Bike Film Festival (the "FilmFest"). If this Film is made by
more than one person, I understand that each filmmaker must sign this
Agreement, and the reference "I" herein shall apply to and be binding
upon each party, jointly and severally.
I recognize that the Competition, its officers, employees, representatives,
sponsors, judges, and affiliates, have wide access to ideas, materials,
stories, themes, plots, suggestions and Films, many of which are similar to
each other, and which may be similar to my Film. I understand that new ideas
are constantly being submitted to you, and I further recognize that you may now
or in the future have other projects in development which are similar to my
Film in theme, ideas, story, plot, title, format, or other respects, and that
such projects may originate with and/or be acquired from other sources,
including without limitation your own officers and employees, either before or
after the date of my submission.
I appreciate and understand the concern that reviewing my Film without this
signed release of liability might expose you to a claim of plagiarism, idea
theft, or claimed existence of an implied-in-fact contract or other claim or
litigation. I also understand that, in light of this concern, you would refuse
to review my Film in the absence of this Agreement, and that this Agreement
limits the types of claims which I can assert against you with regards to the
Film. Therefore, as an inducement to you to evaluate my Film, and consideration
thereof, I hereby acknowledge and agree to the following Terms and Conditions:
1) I have read, understand and complied with all the official Rules &
Regulations of the Boston Bike Film Festival, and I hereby request that you
read, evaluate and judge my Film.
2) I represent and warrant that I am at least 18 years of age, that I am the
author of the Film and the sole and exclusive owner of all rights thereto, and
that I have the full and exclusive rights to submit the Film to the
Competition. I warrant that the Film is not currently under option and has not
been purchased by any third party, that there are no disputes regarding
ownership of the Film, and that no rights or permissions are required from any
third parties. I further warrant that the Film does not invade or defame the
rights of any person, living or dead.
3) I acknowledge that the enclosed Film was created and written by me without
any suggestion or request from the Competition, and that my submission of the
Film is completely voluntary and was not solicited by the Competition. No
fiduciary or confidential relationship exists between us, nor is there one
intended or created by reason of this letter and/or my submission of the Film.
I also acknowledge and agree that there is no agreement between you and me,
express or implied, relating in any way whatsoever to the use of or failure to
use the Film; that no agreement or obligation of any kind may be assumed or
implied by reason of my submission of the Film or by reason of any
communication that we may have; that I am not entitled to any compensation for
review or evaluation of the Film, and that you have no obligation to me of any
kind whatsoever except as specifically set forth herein.
4) I hereby indemnify and hold harmless the Competition, its officers,
employees, representatives, readers, judges, sponsors, and affiliates,
individually and collectively, from and against any and all claims, demands,
costs, damages, judgments, expenses (including attorney's fees), losses or
liabilities arising out of or in connection with any and all claims of third
parties, whether or not groundless, based on the Film or any other materials
submitted by me to the Competition.
5) I hereby waive and agree that I will never assert against the Competition
any claim or action based on plagiarism, infringement, confidential or
fiduciary relationship, implied contract, idea theft, unfair competition or any
other theory arising in connection with the Film, and I understand the
Competition accepts no liability whatsoever for the unauthorized use of all or
part of my Film by any person. In this regard, I hereby absolutely release and
forever discharge you of and from any and all claims, liabilities, damages,
legal fees, costs, expenses, debts, actions, and causes of action against you
of every kind whatsoever, now and in the future, in connection with this
submission.
6) I understand the Competition accepts no liability for the loss or
non-receipt of the Film. I further understand that the Competition will not and
is not obligated to return the Film or any other materials I have submitted to
the Competition. I have retained at least on additional copy of my Film, and I
hereby release the Competition of and from any and all liability for loss of,
or damage to, the copy of the material submitted hereunder.
7) I agree to abide by the decisions of the judges with regards to all matters
relating to the Competition, including those decisions involving their sole
discretion. I understand that the judges are not obligated to provide any
feedback to me regarding my submission. I understand that the entry fees are
non-refundable, and that any failure to adhere to the Rules, Regulations, Terms
and Conditions of the Competition will result in disqualification.
8) In the event that I am named a finalist or winner, I hereby grant the
Competition the nonexclusive right to use my name, photograph, and likeness in
connection with any and all publicity and promotional activities relating to
the Boston Bike Film Festival.
9) I hereby agree that any dispute between us shall be submitted to arbitration
in the County of Suffolk, Commonwealth of Massachusetts, in accordance with the
rules and regulations of the American Arbitration Association then in effect.
The arbitrator's decision shall be controlled by the terms and conditions of
this Agreement and shall be final and binding. If I am unsuccessful in such
arbitration, I agree to pay all costs and expenses, including without
limitation any and all attorney and expert fees, which may be incurred by you
in connection therewith. I understand that this Agreement shall be governed by
the laws of the Commonwealth of Massachusetts and federal laws applicable to
agreements made and performed entirely in Massachusetts. [Notice for Colorado and Vermont Users: Colorado and Vermont state law prevents residents of those
states from participating in any contest that requires a fee to enter].
10) This Submission Agreement and Release Form contains the entire agreement
between us, and may not be modified or amended unless by a written document
signed by each of us. Should any provision(s) of this Agreement for any reason be
declared invalid, void or unenforceable, such provision(s) or part(s) thereof
shall be deemed omitted, and the rest of the Agreement shall remain in full
force and effect.
AGREED TO AND ACCEPTED BY
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