RULES

TERMS

&

CONDITIONS

TERMS & CONDITIONS

I, the authorized representative of the project being submitted (hereafter called the “Project”) to The Center for Active Learning (hereafter called the “Center”) for consideration for the 2020 MOM Film Fest (hereafter called the “Festival”), hereby acknowledge the following:

1. I hereby represent and warrant to the Festival that (a) I am duly authorized, on my own behalf and on behalf of all other persons or entities who have any ownership rights in the Project, (b) the submission will not violate any law or any right or consent of any person or entity, (c) the Project is not subject to litigation nor is it threatened by any litigation, (d) the Project will not violate or infringe any copyright, patent, privacy right, publicity right, trademark, service mark or any other personal or property right of any person or entity, and that the Project does not constitute or include a defamation of any person or entity, (e) I have paid and will pay in full all license fees, clearance fees, and other obligations, of any kind, arising from or associated with the exhibition of the Project at or in connection with the Festival.

2. I agree to indemnify and hold harmless the Center, the Festival, affiliate, subsidiary and parent entities of each, and the officers, directors, employees, sponsors, partners, attorneys, advisors and agents of each of the foregoing from and against any and all claims, losses, or liabilities (including reasonable attorneys’ fees) that may be asserted against any of the foregoing or incurred by any of the foregoing at any time in connection with the Project or the Festival’s use thereof, and/or arising from any breach or alleged breach of any representation made by me to the Center or the Festival. Offerings, awards and prizes may change or be eliminated at any time due to consequences beyond the Festival’s control and the Festival will do its best to substitute a fair replacement, if possible.

3. By submitting my Project to the Festival I agree to allow the Festival to use the Project’s title, cast, crew, synopsis and other information related to it to promote the Festival.

4. If awarded, I hereby grant to the Center, the Festival, and their related entities (a) the right to use footage, stills and/or titles in which I own the rights to, and basic information from the Project for promotional purposes and (b) the right to issue and authorize publicity concerning the filmmakers and the Project and to use all associated names, likenesses and biographical information. I also agree to provide contact information for the director and producer(s) of the Project and grant the Festival the right to provide this information to film industry organizations partnering with the Festival at its discretion.

5. I warrant and agree, on behalf of myself and each of the Project’s Owners, that the Project is being submitted to the Festival voluntarily and without promise or inducement, and that the submission of the Project neither imposes nor creates any obligation or responsibility on the part of the Center, the Festival, or any related parties to accept the Project for inclusion in the Festival, to exhibit the Project at the Festival, to acknowledge the submission of the Project, or to return the Project to me or others. 

6. I further agree, on my own behalf and on behalf of the Project’s Owners, that I and the Project’s Owners, and any other representative or person affiliated with the Project, in submitting the Project for consideration, are waiving, forfeiting, forgoing and relinquishing any right that I or we might otherwise have to assert any claim or commence any proceeding in any forum or tribunal against the Center, the Festival, or any Related Parties, based upon, arising out of or otherwise relating to the submission, exhibition or failure to exhibit the Project (including, without limitation, claims relating to any failure or refusal to exhibit the Project at the Festival, the exhibition or marketing of the Project at or in connection with the Festival, alleged oral or written representations by the Festival or its representatives relating to the submission or exhibition of the Project, and any other matters arising from or relating to the submission of the Project.

7. In the event that the Project is accepted by the Center for inclusion in the Festival, I acknowledge, on behalf of myself and the Project’s Owners, that the Center’s exhibition or presentation of the Project at the Festival does not and will not create any confidential or fiduciary relationship between the Center on the one hand and myself and/or the Project’s Owners on the other. I further acknowledge, on behalf of myself and the Project’s Owners, that I and we understand that neither I nor any of the Project’s Owners will receive any compensation for such exploitation, although some prizes at the Festival may include cash awards. I acknowledge that no obligation of any kind is assumed by, or may be implied against, the Center or the Festival in the event of, by virtue of, or as a result of the Center’s selection of the Project for the Festival. I and the Project’s Owners understand and acknowledge that the selection of the Project for inclusion in the Festival does not and will not in any way constitute an express or implied endorsement or approval by the Center or the Festival of the content of the Project or any opinion expressed therein.

8. I agree, on behalf of myself and each of the Project’s Owners, to indemnify and hold harmless the Institute and the Festival, together with each of their parents, subsidiaries, affiliates, officers, directors, employees, attorneys, creative advisors, agents and representatives (collectively, “Related Parties”), from and against any and all claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that may be asserted by any person or entity, or may be incurred by the Center, the Festival, or any Related Parties, at any time in connection with the Project or the Center’s use, handling, consideration or exhibition thereof, and/or arising from any breach or alleged breach of any representation made by me to the Center, the Festival or any Related Parties, including, without limitation, any express or implied representation in these Terms and Conditions.

9. By submitting my Project I constitute my full and complete acceptance of the terms hereof. I acknowledge that no oral representations of any kind have been made by the Center or the Festival. I agree that any controversy arising out of or in connection with my Project and the Festival will be governed by the internal laws of the State of New York and conclusively determined by arbitration in the City of New York in accordance with the rules of the American Arbitration Association before a single arbitrator mutually agreed upon by the parties. I hereby waive any and all rights and benefits which I might otherwise have or be entitled to litigate any such dispute in court, including without limitation a trial by jury.

10. I acknowledge that I have read and understood the rules and regulations explained herein for submitting to the Festival.

11. I represent that I am 18 years of age or older, or that if I am younger than the legal age to enter into contracts in my state, I have provided written consent from a parent or legal guardian.

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