Platform Film Festival

TERMS AND CONDITIONS: I, the Filmmaker of the project submitted to Platform Film Festival for consideration for the 2017 Platform Art Fair & Film Festival, hereby acknowledge and agree to the following:

1. I represent and warrant to the Platform Film 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 or interests (including, without limitation, intellectual property rights) in or relating to the Film (hereafter called the “Film’s Owners”), to exhibit this Film at the Festival, (b) exhibition of the Film at the Festival will not violate any law or any right or consent of any person or entity; and (c) the Film is not subject to any litigation, arbitration, or other adversarial claim or proceeding, nor is the Film the subject of any threat of litigation, arbitration, or other adverse claim or proceeding.

2. I further represent and warrant, on behalf of myself and the Film’s Owners, that the exhibition of the Film at the Festival 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 Film does not constitute or include a defamation of any person or entity. 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 Film at or in connection with the Festival.

3. In the event that the Film is accepted by the Platform Film Festival for inclusion in the Festival, I acknowledge, on behalf of myself and the Film’s Owners, that the Platform Film Festival exhibition or presentation of the Film at the Festival does not and will not create any confidential or fiduciary relationship between the Platform Film Festival on the one hand and myself and/or the Film’s Owners on the other. I further acknowledge, on behalf of myself and the Film’s owners that I and we understand that neither I nor any of the Film’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 Platform Film Festival in the event of, by virtue of, or as a result of the Platform Film Festival selection of the Film for the Festival. I and the Film’s owners understand and acknowledge that the selection of the Film for inclusion in the Festival does not and will not in any way constitute an express or implied endorsement or approval by the Platform Film Festival of the content of the Film or any opinion expressed therein.

4. I agree, on behalf of myself and each of the Film’s Owners, to indemnify and hold harmless Platform Film Festival, together with each of their parents, subsidiaries, affiliates, officers, directors, employees, attorneys, creative advisors, agents and representatives (collectively, “Platform Contemporary Art Show, Book Fair & Film Festival”), 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 Platform Film Festival, at any time in connection with the Film or the Platform Film Festival use, handling or consideration thereof, and/or arising from any breach or alleged breach of any representation made by me to the Platform Film Festival, or any related parties, including, without limitation, any express or implied representation in these Terms and Conditions.

5. I warrant and agree, on behalf of myself and each of the Film’s Owners, that the Film is being submitted to the Platform Film Festival voluntarily and without promise or inducement, and that the submission of the Film neither imposes nor creates any obligation or responsibility on the part of the Platform Film Festival related parties to accept the Film for inclusion in the Festival, to exhibit the Film at the Festival, to acknowledge the submission of the Film, or to return the Film to me or others. I further agree, on my own behalf and on behalf of the Film’s Owners, that I and the Film’s Owners, in submitting the Film for consideration, are waiving, forfeiting, foregoing 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 Platform Film Festival, based upon, arising out of or otherwise relating to the submission, exhibition or failure to exhibit the Film (including, without limitation, claims relating to any failure or refusal to exhibit the Film at the Festival, the exhibition or marketing of the Film 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 Film, and any other matters arising from or relating to the submission of the Film), whether such claims may be based on theories of contract, implied contract, tort, statute, or other legal theory (hereinafter, “Claim”). In the event that any Claim is asserted, or any action, arbitration or other proceeding is brought or commenced, in violation of the agreement set forth in the immediately preceding sentence, I agree, on my own behalf and on behalf of each of the Film’s Owners, to indemnify the Platform Film Festival from any and all claims, losses, liabilities, damages, fees and expenses (including, but not limited to, reasonable attorneys’ fees and other costs) that are incurred by the Platform Film Festival as a result of or in connection with any such claim or any action, arbitration or other proceeding brought in violation of the representations and agreements set forth in this paragraph, including, without limitation, reimbursement of all attorneys’ fees incurred or to be incurred by the Platform Film Festival in connection with any claim or any action, arbitration or other proceeding brought or initiated by me or any of the Film’s Owners or any other representative of, or person affiliated with, the Film.

6. Without in any way limiting the provisions or scope of the agreements set forth in paragraph 5 above and paragraph 10 below, I further agree and accept that, in the event that any Claim is asserted, or any action, arbitration or other proceeding is brought or commenced, by me, any of the Film’s Owners, or any other representative of or person affiliated with the Film, in violation of the agreements set forth in paragraph 5 above, and in the further event that an arbitrator or other tribunal should permit such Claim to proceed despite the waiver language set forth in paragraph 5 above, the sole and maximum remedy that could be awarded to me or any other person or entity asserting any Claim shall be a refund of the submission fee paid in connection with the submission of the Film to the Platform Film Festival for consideration for the Festival. Under no circumstances shall any other remedy, including without limitation actual, expectancy, reliance, consequential, special, punitive or exemplary damages, or any other damages, or injunctive, declaratory, provisional or other relief, be available to me, the Film’s Owners, or any other person or entity representing or affiliated with the Film.

7. In the event that the Film is accepted by the Platform Film Festival for inclusion in and exhibition at the Festival, I hereby grant, on behalf of myself and each of the Film’s Owners, each of the following rights to the Platform Film Festival without reservations, conditions or qualifications: (a) the right to use footage, stills and/or titles, and information from or relating to the Film for promotional purposes; and (b) the right to issue and authorize publicity concerning the filmmakers and the Film and to use all associated names, likenesses and biographical information. I also agree to provide up-to-date contact information pertaining to the director and producer(s) of the Film, and to grant the Platform Art Fair & Film Festival, at their sole and absolute discretion, the right to provide this information to film industry organizations that sponsor Festival events.

8. I warrant and agree, on behalf of myself and each of the Film’s Owners, that Platform Film Festival has made no claims, representations or guarantees, and has provided no assurances, in relation to the internal process utilized by the Platform Film Festival with respect to selection of films for inclusion in the Festival, and that the submission of the Film neither imposes nor creates any obligation or responsibility on the part of the Platform Film Festival to provide me, the Film’s Owners, or my or their related parties with comments, feedback or other information pertaining to the viewing or consideration of the Film by the Platform Film Festival for possible inclusion in the Festival.

9. 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 the Platform Film Festival with signed, written consent from my parent or legal guardian.

10. Without in any way limiting the provisions or scope of the agreements set forth in paragraph 5 above, I further agree, on behalf of myself and each of the Film’s Owners, that any claim, dispute or controversy arising out of, in connection with, or otherwise related to the Platform Film Festival, or these Terms and Conditions, including, without limitation, any claim (as this term is defined above) and any other claim or cause of action of any nature arising from the actual or alleged breach, termination, enforcement, interpretation or validity of these Terms and Conditions, as well as the determination of the scope or applicability of this agreement to arbitrate, will be governed by the internal, substantive laws of the State of California and will be subject to and submitted to exclusive, binding arbitration before a single arbitrator in Los Angeles, California, which shall be the sole and exclusion forum for determination of such claim, dispute or controversy. The arbitrator will be selected by mutual agreement of the parties or, if the parties are unable to agree on an arbitrator, will be appointed. The arbitrator shall issue a written award and, subject to the terms of paragraph 6 hereof, shall have the right to award monetary relief. I specifically agree and acknowledge, however, that the arbitrator shall not have the power to award punitive or exemplary damages, nor shall the arbitrator have the power to order the Platform Film Festival to include the Film in the Festival or to award other injunctive or non-monetary relief. The arbitrator shall have the power to award, and shall be required to award, to the substantially prevailing party in any such arbitration, its reasonable attorneys’ fees, costs and expenses incurred in connection with the arbitration (including, without limitation, reimbursement of that party’s share of the arbitrator’s fees and administrative charges). The arbitrator’s award shall be final, binding and non-appealable. Judgment on the arbitrator’s award may be entered in any federal or state court of competent jurisdiction in the United States. In agreeing to this exclusive arbitration provision, I hereby waive, forfeit and relinquish, on behalf of myself and each of the Film’s Owners, any right or entitlement that I or the Film’s Owners might otherwise have had to bring or litigate any claim or claims encompassed by this paragraph in any federal or state court against the Platform Film Festival, and further waive, forfeit and relinquish any right to a trial by jury with respect to such claim or claims.

11. I hereby acknowledge that I have the right to consult with an attorney of my own choosing with respect to these Terms and Conditions and with respect to the Rules and Regulations for submitting a film to the Festival.

12. I hereby acknowledge that I have read and understood the Rules and Regulations for submitting a film to the Festival.

13. By completing my submission application for 2017 Platform Film Festival consideration. I freely and voluntarily give and express my full and complete acceptance of all of the terms and provisions set forth in these Terms and Conditions. I acknowledge that no oral representations, inducements, promises or assurances of any kind, and no representations, inducements, promises or assurances not set forth in these Terms and Conditions, have been made to me or the film’s owners by the Platform Art Fair & Film Festival.