DaVinci Film Festival

SUBMISSION AGREEMENT AND RELEASE FORM DaVinci International Film Festival (“DIFF”) is excited to view your concept in connection and consideration of our online film festival located at davincifilmfestival.com, and would like to thank you for submitting your unscripted TV or multimedia to our festival. DIFF appreciates your desire to submit an idea and/or proposal (the “Materials”). It is very possible that DIFF, its partners, owners, or otherwise affiliated entities or individuals has already considered, or is already in production on, a show concept similar to the one(s) you are about to submit. To avoid any confusion, please read the following Submission Agreement and Release (the “Release”) carefully before submitting anything to DIFF because it affects your rights. You, of course, must be the sole judge of the type of protection you need or desire and when it is sought, including whether or not you consult a competent attorney. Please note that DIFF and it strategic production partners receives many unscripted submissions and proposals and/or pitches daily for our quarterly competition, and we review each one for its merit and viability in the marketplace. If DIFF is interested in further exploring the Materials you submitted to our festival, DIFF will contact you. DIFF will not accept or evaluate the Materials submitted unless it receives an executed Release from you. For good and valuable consideration (including, but not limited to, the opportunity to have DIFF consider the Materials for our online festival), the receipt and sufficiency of which is hereby acknowledged and accepted, I represent and warrant that by filling out the form below, including Schedule A, and/or submitting Materials (i.e., show ideas, treatments, videos, demo reels), I irrevocably and voluntarily agree to the following: DIFF will not accept or evaluate the Materials submitted in the absence of this signed Release. I represent and warrant that I am the owner of all rights in the Materials or the duly authorized agent of the owner of all rights in the Materials, and I have full authority to submit the Materials. I further represent and warrant that any Material, which I submit, will be original with me and that no other person has an interest therein or claim thereto. I understand that the Materials will not be returned to me and I agree to release DIFF from all liability for loss of, or damage to, the Materials. This Release is binding on me and any entities for which I am acting. This is a non-commissioned submission. There was no request that the Materials be created or submitted to our festival. I acknowledge and agree that I am voluntarily submitting the Materials and all other information of my own accord, and that DIFF is under no obligation to further discuss or consider any part of the Materials submitted and that I have neither the expectation nor right to compensation or reimbursement of any kind for intellectual property or accompanied materials (including but not limited to photographs, video, demos and treatments) contained within this submission. I recognize, acknowledge and agree that it is possible that DIFF may find that the Materials submitted are not new, and/or are in the public domain, and/or that other persons submitted or made public similar or identical material, and/or that DIFF has already independently considered the program ideas, formats, production techniques, locations, talent, effects, etc., that may be the same as or similar to the Materials I submitted to DIFF, which DIFF shall have the right to use, and I will not be entitled to any compensation because of DIFF’s use of such other similar or identical material. In such event, DIFF would have the right to proceed in such areas without obligation to me. Further, for this reason, I agree to release DIFF from any and all claims and liability based on similarities between the Materials submitted and any work that is ultimately produced by or on behalf of DIFF, regardless of legal theories under which such claims may be asserted. I understand that no confidential or fiduciary relationship exists between the parties, and no such relationship is established by this release or by submission of the Materials. Neither my submission of the Materials, nor DIFF’s review (or use of) the Materials, constitutes an implied in fact or implied in law contract, even if there exists an industry custom or practice to the contrary. I will fully indemnify DIFF against all third party claims or liabilities (including attorneys’ fees) in connection with any breach of my representations and warranties. I release DIFF from all claims, demands and liabilities, known or unknown, which may arise in relation to the Materials, except
for fraud or willful injury on my part. Specifically, I waive the provisions of Section 1542 of the California Civil Code which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” In the event of a breach or alleged breach (a) related to the Materials, or any part or idea therein, or the submission thereof, or (b) relating to this Release, my remedies will be limited to a remedy at law for damages. I will not be entitled to any form of equitable relief. Any dispute relating to this Release will be resolved by binding arbitration before a single arbitrator. All arbitration proceedings will be administered by JAMS in accordance with its streamlined arbitration rules and procedures or subsequent versions thereof, including its optional appeal procedure (the “JAMS Rules”). The arbitration will be conducted in the County of Los Angeles, California. This Release will be governed by and interpreted pursuant to the laws of the State of California, excluding choice of law rules. This is the complete and binding agreement between the parties and supersedes all prior understandings, both oral and written, with respect to its subject matter. The invalidity of any provision of this Release will in no way affect the validity or enforceability of any of the remainder of this Release. This Release cannot be amended, except by a written agreement signed by both parties. This Release will inure to the benefit of the parties and their respective heirs, successors, representatives, assigns and licensees. A separate agreement will be negotiated by the parties within DIFF’s customary parameters in the event that DIFF elects to proceed, in its sole discretion, with the development and/or production of the Materials. I am executing this Release voluntarily, without coercion or undue influence from any source, and do so with complete understanding of all of its terms and effects and every portion thereof. As used in this Release, the terms “I”, “you” and “your” include and binds the undersigned and any and all legal representatives of the undersigned. As used in this Release, the terms “DIFF” and “we” include and inure to the benefit of DaVinci International Film Festival LLC. and its successors, assigns, employees, officers, directors, licensees and associated companies and individuals. I hereby state that I have read and understand this Release and that no oral representations of any kind have been made to me, and that this Release states our entire understanding and agreement with reference to the subject matter hereof, and supersedes all prior understandings, whether written or oral. Any subsequent modification or waiver of any of the provisions of this Release must be in writing and signed by both you and DIFF. The invalidity of any provision hereof is not to affect the remaining provisions. Sincerely, DaVinci International Film Festival unscripted@tdiff.org Accept these Terms to continue