This is an agreement between _____________________________ (“Producer”), representing the Production Company known as _____________________________ (“Production Company”) and Who Likes Short Shorts? Film Festival with respect to Producer and Production Company’s involvement in the creation and/or showcasing of a short film (the “Film”) via the Who Likes Short Shorts? Film Festival and subsequent Who Likes Short Shorts? Film Festival event screenings such as the Best of Short Shorts events pursuant to the terms below.
- Producer has read, and agrees on behalf of him/herself and Production Company to abide by the Official Rules of the Who Likes Short Shorts? Film Festival and by reference made a part hereof. It is understood that the Who Likes Short Shorts? Film Festival reserves the right to disqualify from screening or exhibition and remove from consideration for awards and prizes any films/videos which do not adhere to the Official Rules of the Who Likes Short Shorts? Film Festival.
- Producer hereby affirms that he/she has secured all rights (including without limitation copyrights) in and to all material included in the Film, including without limitation any and all images, photographs, performances, appearance(s) by any person(s), sounds, soundtrack and music (including without limitation compositions, recordings and performances). In no manner limiting the foregoing, Producer affirms that he/she has obtained all signed waiver and release forms from all persons appearing in the Film, a signed waiver and release form from all cast and crew, a signed music release from all persons or entities providing music, and a signed location release for all locations used in the Film. Producer represents and warrants that he/she (a) is free to enter into this Agreement, (b) that, except with regard to the Who Likes Short Shorts? Film Festival rights as set forth herein, Producer is the sole copyright holder in and to the Film; and (c) the Film does not to the best of Producer’s knowledge (including what Producer should know or have known in the exercise of reasonable prudence) violate the copyright of any person or entity, or defame or infringe upon any rights of any kind of, including the right of privacy, off any person or entity. The Producer undstands the Who Likes Short Shorts? Film Festival is providing the event and guidelines in which the Producer is taking part; a screening opportunity for all qualifying films/videos; subsequent Who Likes Short Shorts? Film Festival distribution and a prize(s) for the Festival winner.
- Producer hereby agrees to indemnify, defend, and hold harmless the Who Likes Short Shorts? Film Festival, its owners, officers, directors, shareholders, employees, licensees, partners and assigns (collectively “Indemnified Parties”) from any and all claims, costs, damages, expenses and liabilities including without limitation attorneys’ fees (collectively “Claims”) arising from the creation, production, use, exhibition, promotion, marketing, merchandising, or other exploitation of the Film by the Indemnified Parties and/or any of them, Producer, Production Company and/or any member thereof (including without limitation Claims for negligence and other torts, unauthorized use of likeness, invasion of right of privacy, publicity or personality, defamation, fraud, infringement of copyright and/or trademark, and breach of contract), and for any breach by Producer of any representation, warranty or obligation of Producer hereunder.
Producer and Who Likes Short Shorts? Film Festival hereby agree that from the date Producer submits his/her film to the Who Likes Short Shorts? Film Festival and continuing for a duration of up to 3 years: Who Likes Short Shorts? Film Festival shall have the right to screen the Film at Who Likes Short Shorts? Film Festival events and use any portion of the Film to advertise, promote and publicize the Who Likes Short Shorts? Film Festival in any manner and via any medium at the Who Likes Short Shorts? Film Festival's sole discretion.
- Producer hereby acknowledges that participation in the Who Likes Short Shorts? Film Festival is without remuneration or monetary compensation whatsoever. The consideration for participating in the Festival is the screening of Producers completed film/video(s) at the Festival; and the possibility, although not the obligation by Who Likes Short Shorts? Film Festival, for future screenings and distribution; and the opportunity for publicity or exposure for being a participant.
- Producer acknowledges that, in the event of any breach by the Who Likes Short Shorts? Film Festival or any third party, the damage, if any, caused to Producer thereby will not be irreparable or otherwise sufficient to entitle Producer to seek injunctive or other equitable relief. Producer’s 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 Producer will have neither the right to rescind or terminate this agreement or any of the Who Likes Short Shorts? Film Festival rights hereunder, nor the right to enjoin the exhibition or other exploitation of the Film or any subsidiary or allied rights with respect thereto.
- Producer and Who Likes Short Shorts? Film Festival may freely assign any and all rights and obligations under this Agreement in whole or in part to any other party. Producer acknowledges and agrees that Producer is not an employee or agent of Who Likes Short Shorts? Film Festival for any purpose, including all tax obligations, but that the parties are contractors independent of one another.
- This agreement shall be governed by and construed in accordance with the internal laws of the State of Utah, without any reference to its conflicts of laws and provisions.