Backyard Shorts FilmFest

Terms & Conditions
of BACKYARD SHORTS FilmFest

These Terms & Conditions (“T&Cs”) govern and control all submission, public presentation and promotion of any film by the film submitter (“Artist”) to Backyard Shorts FilmFest, LLC (“BSFF”). Artist and BSFF may be referenced collectively as the “Parties.”

WHEREAS, BSFF will conduct a film festival to present a public forum for film makers to exhibit films accepted by BSFF; and

WHEREAS, Artist seeks an opportunity to exhibit publicly its film accepted by BSFF;

NOW, THEREFORE, the Parties agree to the following terms and conditions:

FILM FESTIVAL DESCRIPTION

1. BSFF will conduct a film festival (“Festival”) in Santa Barbara, California, which provides a forum for Santa Barbara, Ventura , San Luis Obispo and Los Angeles county filmmakers to exhibit their films publicly that are accepted by BSFF. The process to submit a film along with a non-refundable $30.00 administrative fee (“Fee”) is set forth on the BSFF website, www.BackyardShortsFilmFest.com, under the tab SUBMISSIONS, which language and provisions are fully incorporated herein.

2. The film submission process involves two steps. First, Artist submits its film, which may not exceed 20 minutes in length, by August 15, 2017, via the Secure Online Screener on www.FilmFreeway.com (“Site”). The Site may be reached directly or through the BSFF website. Artist shall be fully responsible for complying with the terms and requirements for submitting its film via this Site to be considered by BSFF. BSFF is not responsible for any fees, problems, submission requirements or other issues that prevent or hinder Artist from submitting its film via the Site. It is Artist’s sole responsibility to confirm its submittal with FilmFreeway and to resolve any submittal problems with that Site. Artist may submit more than one film; however, a Fee must be paid for each. Films produced in languages other than English must have legible English subtitles.

3. Upon submission of Artist’s film via the Site and receipt of the Fee, BSFF will review Artist’s film. For purposes of film subjects, Artist acknowledges that the Festival is a family-oriented event. If in the sole and exclusive opinion of BSFF, Artist’s film meets the quality, length and subject matter requirements as described herein, Artist’s film may be accepted into the Festival. BSFF selection decisions are final.

4. As the second step of this process, BSFF will announce the selected films on or before September 15, 2017. If Artist’s film is accepted, Artist must provide to BSFF a copy of its film by September 30, 2017, in EXHIBITION FORMAT: DCP, BluRay or DVD (DCP is the preferred format). If BSFF accepts Artist’s film, Artist shall provide BSFF with one or more still images from its film in JPEG format by September 30, 2017, which BSFF has the option to use for general promotion, via electronic, print, television, radio and any other form of media for this and future BSFF film festival events. The Festival is currently set for Sunday, October 22, 2017, at The Hitchcock Theatre, 371 South Hitchcock Way, Santa Barbara, California. BSFF reserves the right to change the Film Festival location and scheduling.

5. Artist grants BSFF the right to perform, project and/or present to the public Artist’s film at any BSFF event at any time within one year from Artist’s agreement to these T&Cs, along with any other intellectual property rights to conduct and promote this 2017, and any future, BSFF festivals. BSFF shall have full authority to make determinations about all artistic and technical aspects of the Artist’s film’s incorporation into the Festival and its promotion including, but not limited to, the order of presentation of Artist’s film, credits and all other aspects of its presentation and promotion.

Compensation

6. Although an admission fee will be charged to the public to attend the Festival, Artist, including anyone appearing in or involved in any way with the production of Artist’s film, shall receive no monetary, payment to it or third parties or other compensation of any nature from BSFF for the aforementioned use of Artist’s film; rather, as consideration, Artist benefits by receiving a public forum, via the Festival, for the exhibition of its film along with any associated publicity, and receives one free admittance ticket to the Festival.

Warranties by Artist

7. Artist represents and warrants to BSFF that the film Artist submits is Artist’s own original work and that Artist is the sole owner of that work and all of its associated intellectual property rights and that Artist provides BSFF with a license to use all intellectual property rights that BSFF needs to incorporate Artist’s film, if it is accepted, Festival, as well as to exhibit and promote the film as a part of the Festival. Artist represents and warrants that there are no unsatisfied obligations with respect to the film that it submits to BSFF that may interfere with BSFF’s exercise of all rights granted under these T&Cs. Artist warrants that no circumstances exist which infringe any copyrights, rights of privacy or any other rights of any third party. Further, Artist warrants that it is authorized to submit the film for public screening. Artist agrees to indemnify and hold BSFF harmless from any and all claims, liabilities, losses, damages, judgments, expenses (including, but not limited to, reasonable attorney fees and court costs) against BSFF by third parties claiming ownership or intellectual property rights (including, but not limited to, copyright, trademark, credits, publicity, screening infringement) with respect to Artist’s film.

Governing Law and Dispute Resolution

8. These T&Cs contain the entire agreement between BSFF and Artist and cannot be changed orally, but only in writing signed by the Parties. These T&Cs shall remain in effect for four-years from Artist’s agreement hereto, unless the term of these T&Cs is extended by mutual written consent of the Parties. Neither BSFF nor Artist may assign any rights or obligations under these T&Cs. These T&Cs shall be governed by the law of the State of California. Any disputes that may arise between BSFF and Artist regarding these T&Cs will be submitted to final and binding arbitration in accordance with the American Arbitration Association with any and all hearings conducted in the City of Santa Barbara, California. The arbitrator’s award will be final and binding on the Parties and judgment may be entered in a court of competent jurisdiction. If any provision of these T&Cs is deemed unenforceable, that provision will be omitted only to the extent necessary to make these T&Cs valid and enforceable; all remaining provisions remain in full force.