Release and Waiver Agreement
If you do not consent to signing
the release below, DO NOT buy SoCal Film Market Products or participate in any
of the SoCal Film Market Online Opportunities.
Products are not refundable.
Release And Waiver Agreement
1. I have supplied truthful and accurate information in the application form.
2. The individual or corporation submitting the film or screenplay hereby
warrants that it is authorized to commit the film or screenplay to the SoCal
Film Market, and understands and accepts these requirements and regulations.
3. I understand and agree that the burden of securing copyright or WGA
registration for my movie, screenplay or idea lies entirely with me.
4. I have read and understand the rules and intentions of the SoCal Film Market
and the SoCal Film Market is hereby granted the right to utilize an
excerpt from any film or screenplay submitted and accepted for promotional
purposes.
5. I agree to hold the SoCal Film Festival, the SoCal Film Market, all
producers, managers, agents, production companies, and participants in the SoCal
Film Market, their subsidiaries, affiliates, officers, representatives,
employees, and volunteers, harmless from and defend them against all claims,
demands, losses, costs, damages, judgments, liabilities, and expenses (including
attorney's fees) arising out of or in connection with any and all claims or
third parties, whether or not groundless, based on any screenplays, plots,
characters, or ideas submitted during the SoCal Film Market or on any
screenplay, film, or material developed out of those screenplays, plots,
characters, or ideas.
6. I acknowledge that because of the Reviewers’ [those buyers, producers,
agents. managers, production companies, et al hearing and reviewing pitches]
position in the entertainment industry, the Reviewers receive numerous
unsolicited submissions of ideas, treatments, stories, suggestions and the like,
and that many such submissions received by the Reviewers may be similar to or
identical to those developed by the Reviewers or the Reviewers’ employees or
otherwise available to the Reviewers. I understand that I will not be entitled
to any compensation because of the use by the Reviewers of any such similar or
identical material. I further understand that the Reviewers would refuse to
accept or otherwise evaluate my material in the absence of my acceptance of each
and all of the provisions of this Agreement. I shall retain all rights to submit
this or similar Material to persons other than the Reviewers. I acknowledge that
no fiduciary or confidential relationship now exists between the Reviewers and
myself, and I further acknowledge that no such relationships are established
between the Reviewers and myself by reason of this agreement.
7. I agree to defend, indemnify and hold the SoCal Film Festival, the SoCal Film
Market, their officers, contractors, and employees, and the Reviewers harmless,
with counsel of the Reviewers’ choice, from and against any and all claims,
expenses, losses, or liabilities (including, without limitation, reasonable
attorneys' fees and punitive damages) that may be asserted against the Reviewers
or incurred by the Reviewers at any time in connection with the Material, or any
use thereof, including without limitation those arising from any breach or
alleged breach of the warranties and promises given by me herein.
8. I agree that if, as a result of my involvement in the SoCal Film Market, I am
approached by a Reviewer interested in optioning or purchasing the film or
television rights to the Material, I will negotiate with the Reviewer in good
faith for the terms, conditions and amount of the payment for such use.
9. If the Material is submitted by more than one person, the word “I” or
“Writer” or "Producer" shall be deemed changed to the plural, and this agreement
will be binding jointly and severally upon all the persons so submitting the
Material.
10.. Arbitration. In the event of any dispute concerning the Material or
concerning any claim of any kind or nature whatsoever, arising in connection
with the Material or arising in connection with this agreement, such dispute
will be submitted to arbitration. Each party hereby waives any and all rights
and benefits which he or it may otherwise have or be entitled to under the laws
of California to litigate any such dispute in court, it being the intention of
the parties to arbitrate, according to the provisions hereof, all such disputes.
Either party may commence arbitration proceedings by giving the other party
written notice thereof by registered mail and proceeding thereafter in
accordance with the rules and procedures of the American Arbitration
Association. The arbitration shall be conducted in the County of Orange, State
of California and shall be governed by and subject to the laws of the State of
California and the then prevailing rules of the American Arbitration
Association. The arbitration shall employ a single arbitrator experienced in the
motion picture industry. The arbitrators' award shall be final and binding and a
judgment upon the award may be enforced by any court of competent jurisdiction.
End of Agreement.
If you have a question about this Release and Waiver Agreement,
please email info@socalfilmmarket.com or write to us at:
Attn: Release and Waiver Agreement
SoCal Film Market.
19744 Beach Blvd. #221
Huntington Beach,
CA
92648
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