Terms and Conditions for FILM SUBMISSIONS
I/We wish to have our film/animation/TV pilot/web series/music video/filmed sketch comedy entry(ies) hereby known as “ENTRY” included in the 1st Annual Palm Springs Comedy Festival 2017 hereby known as “PSCF”. I/We grant PSCF, its festival director, and sponsors the right to show for promotional purposes on television, on the PSCF website (www.palmspringscomedyfest.com, www.pscomedyfestival.com), on sponsor websites, flyers, posters, press releases, etc. any material including the ENTRY and/or stills submitted by me/us with my application. No more than two minutes or up to the length of the trailer submitted by the filmmakers may be used. I/we understand that no materials included with this application will be returned.
If more than one (1) party signs this agreement as submitter, then reference to “I”, “me”, “my” throughout this agreement shall apply to each party; jointly and separately.
I grant PSCF, its festival director, and its sponsors the full and free right and permission to use my ENTRY for broadcast, duplication, and advertising in association with PSCF, for the purpose of viewing on television, in theaters, on the internet, on the PSCF website, on sponsors’ websites, podcasting and/or for archival purposes and for any other valid, lawful purpose in any and all media now known or hereafter developed or devised, worldwide and in perpetuity. I may opt-out from any future use after OCTOBER 1st, 2017 by providing a written notice within thirty days after the final date of the festival, that my ENTRY may no longer be used. A copy of ENTRY may still be kept for archival purposes.
I waive any right to inspect or approve the finished videotape, sound track, photograph, advertising copy, audio piece or printed matter that may be used or to the eventual use that it may be applied.
I hereby release, discharge and agree to hold harmless PSCF, its officers, agencies employees and sponsors, and The Actors Company, its officers, agencies and employees, from and against any liability as a result of any use, distortion, blurring or alteration that may occur or be introduced in any use or broadcast of the material.
I grant PSCF permission to give a copy of the ENTRY to industry members if requested. Industry, includes but is not limited to network executives, agents, managers, casting directors, press and others that can aid in securing of future work and/or distribution for my ENTRY.
I waive any and all rights to compensation for any broadcast, duplication, and advertising of any ENTRY presented at the festival. All ownership of all ENTRY remains with the personnel who contributed to the ENTRY. I own all material submitted with application and that will be viewed at PSCF. I understand that PSCF, its producers and sponsors are relying on this release and accordingly, I hereby irrevocably waive any and all rights to seek or obtain any injunction or other equitable relief against PSCF, its officers, agencies, employees and sponsors.
I warrant that the use of the rights granted here and of any material supplied by me/us will not violate the rights of any third party. I agree to defend, indemnify and hold harmless PSCF, its officers, agencies, employees and sponsors AND the Actors Company, its officers, agencies, employees and sponsors from any claims by third parties alleging that our content or material infringes on any third party’s rights. This Release and Hold Harmless Agreement shall bind my assigns and any representative.
This contract is the entire agreement between the parties hereto, and replaces and supersedes any prior agreement or understanding, verbal or written, with respect to the subject matter hereof. No amendment, addendum, modification or waiver of this contract or any portion hereof shall be valid unless contained in a writing signed by both parties hereto.
In exchange for release, I receive the opportunity to have my ENTRY shown at PSCF and accept that there is no promise of additional payment, in any form for likeness, image, biography, recording, equipment, or for any other contribution by us on this production.
This contract shall be deemed to be entered into in Palm Springs, California, and shall be governed by and interpreted in accordance with the laws of the State of California applicable to agreements entered into and carried out entirely within California. I agree that any and all disputes or controversies arising under this contract or any of its terms shall be resolved under the auspices of the American Arbitration Association, under its Commercial Arbitration Rules, through its Palm Springs, California office; provided, however that I agree that my remedies for any breach of this contract by the Palm Springs Comedy Festival, its officers, agencies, employees and sponsors will be limited to damages to an action at law to recover and in no event will I be entitled to rescind or terminate this agreement or to seek injunctive or any other equitable relief.
I hereby certify that I am over eighteen years of age and competent to contract in my own name. If I am signing on behalf of an organization, I certify that I have authority to do so and that my signature binds the organization and its performers to all elements of this contract.
I have read the foregoing release and authorization and agreement, before affixing my signature below, and warrant that I fully understand the contents thereof.
I am authorized to sign and give consent for everyone (including but not limited to performers, writers, directors, technical crew, distributors) who contributed to all ENTRY(IES) and all materials submitted with this application to the 1st Annual PS COMEDY Festival 2017.
We reserve the right to refuse to consider any submission at our discretion.