FOR CONTRIBUTORS OVER 18 OR
PARENT OR LEGAL GUARDIAN OF THE PERSON UNDER 18 APPEARING:
MediaMakesUs.com ("us", "we" or “our”) are asking people to submit videos for consideration to be included in a documentary film to be streamed on the Internet, which will be created from user submitted videos, currently entitled “The Fast in a Day” (the “Film”).
One of the filmmakers submitting footage for the Film (named below) has recorded you and/or your voice and/or other sounds created by you on camera, or intends to do so, for this purpose.
(the"Filmmaker")
If you (the “Contributor”) agree that this recording (or any part) of the Contribution (as defined below) may be included in the Film, please read the following which sets out your agreement with us (“Release”) and sign at the end of this Release to acknowledge your agreement.
We shall be under no obligation to use the Contribution or any part of the Contribution and shall not be liable to the Contributor in the event that no part of the Contribution is used in the Film in accordance with clause 2 below, in which case the terms set out in the Release below (other than clause 9 below which shall apply in any event) shall not apply and neither party shall have any obligation to the other.
If (in our discretion) the Contribution or any part of the Contribution is included in the Film in accordance with clause 2 below, in consideration of the same and for other good and valuable consideration (together, the"Consideration"), the receipt and sufficiency of which the Contributor acknowledges, we and the Contributor agree as follows:
1. The Contributor confirms that they have irrevocably consented to participate in any and all video recordings submitted by the Filmmaker to us (the"Videos").
2. The Contributor irrevocably grants us, jointly and severally:
(i) a non-exclusive royalty free licence (where applicable, by way of present and future copyright); and
(ii) all consents which are or may be required under the Copyright, Designs and Patents Act 1988 (UK) (as amended or re-enacted from time to time),
for us to make the fullest use of the Contributor’s appearance, performance, voice and other sounds in the Videos and all products of the Contributor's contribution to the Videos (together, the"Contribution") and of the Videos, the Film and any clips from the Film (in each case incorporating the Contribution or any part of it) throughout the world in perpetuity in all languages, in any and all media now known or devised in future (including without limitation any renting and lending of the Film, without liability or acknowledgement to the Contributor.
3. The Contributor irrevocably grants to us, jointly and severally, the unlimited right to edit, copy, add to, take from, modify, adapt, translate, dub or sub-title the Contribution. To the extent permitted by law, the Contributor irrevocably waives the benefits of and agrees not to assert and waives and releases us from any and all claims that the Contributor may now or hereafter have in any jurisdiction based on any provision of law known as “moral rights” or “droit moral”
or any similar rights or unfair competition with respect to the exploitation by us of the Videos without further notification or compensation to the Contributor of any kind, and the Contributor agrees not to instigate, support, maintain, or authorise any action, claim, or lawsuit against us or any other person in connection with the Videos or the Film, on the grounds that any
use of any Videos or any derivative works thereof, infringes or violates any rights of the Contributor.
4. The Contributor agrees that the Consideration includes equitable remuneration in respect of any and all rights of whatsoever kind or nature (including rental and lending rights) to which the Contributor may now be or shall subsequently become entitled under the laws of any country in connection with the exploitation of the Videos, the Film and the Contribution in any and all media.
5. The Contributor warrants and confirms to us that (i) they are at least 18 years of age, (ii) they have the right to enter into this Release and grant the rights referred to in it free from any encumbrances and third party rights, (iii) the Contribution is original to the Contributor and (iv) nothing in the Contribution infringes or will infringe the copyright or any other rights (including any rights of confidentiality) of any person or is or will be defamatory or derogatory of any person. The
Contributor agrees to indemnify and to keep us fully indemnified against all claims, costs, proceedings, actions, demands, damages and/or liabilities whatsoever incurred by and/or awarded against and/or compensation agreed by us in consequence of any breach or non-performance by the Contributor of the warranties specified in sub-clauses (ii)-(iv) (inclusive).
6. We shall have the right to use the Contributor’s name, photograph, non-photographic likeness and voice throughout the world for all purposes of advertising, promotion, publicity, broadcast, exhibition, distribution, exploitation and communication to the public of the Videos, the Film and in any and all media now known or devised in future in perpetuity.
7. The Contributor irrevocably releases us from any and all claims for invasion of privacy, defamation (including libel or slander), breach of moral rights or similar rights and in respect of any other personal or property rights in connection with the use of the Contribution and undertakes that the Contributor will not now or in the future assert or maintain any such claim against us.
8. The Contributor acknowledges that the Contributor shall not in any circumstances be entitled to injunctive or other equitable relief or to enjoin or restrain the production or exploitation of the Videos or the Film.
9.The Contributor acknowledges that the Contributor is solely responsible for any claims, losses, damages, expenses and other liabilities of any kind whatsoever arising from or as a result of or connected with any activities involved in participating in the Videos (together, "Liabilities"), including without limitation any damage or loss to any property (including the Contributor’s property) and any injury to or death of any person (including the Contributor) and the Contributor irrevocably
releases us and any third parties from any and all Liabilities.
10. Either of us shall be entitled to assign or licence the whole or any part of this Release to any third party.
11. For the purposes of the Data Protection Act 1998 (as amended or re-enacted from time to time, the "DPA") and any related legislation, and any analogous legislation applicable in any other jurisdiction, the Contributor agrees and gives consent to the holding and processing of personal data, including sensitive personal data as such terms are defined in the DPA, relating to the Contributor (including without limitation data included in this Release) by us and any companies in the same group as either of us or under common control or ownership with us and, where relevant, their employees, agents and
advisers, solely for purposes connected with this Release, the Videos, the Film, to ensure compliance with our legal and regulatory obligations. The Contributor acknowledges that the processing of personal data pursuant to the foregoing may involve the disclosure of such personal data to third parties, including without limitation legal and regulatory bodies, licensees and distributors of the Film, YouTube, suppliers and other persons connected with the Film or the relationship under this Release.
The disclosure and processing of the Contributor’s personal data pursuant to the foregoing may involve the transfer of such personal data outside the European Economic Area including the US and other jurisdictions where data protection regulations may not offer the same protection as those applicable within the European Economic Area. The Contributor consents to such transfers. The Contributor has the
right to require personal data held by us relating to the Contributor to be removed from all records held by us by sending an email to the following email address: mediamakesus@gmail.com, provided that if the Contributor sends such notice after we have included the Contribution (or any part of it) in the Film, we shall be entitled to retain copies of this Release and other personal data relating to the Contributor for the purposes of verifying the Contributor's consent to the inclusion of the Contribution
in the Film, at our discretion, we shall have the right to continue to use the Contribution in accordance with the terms of the Release (including without limitation in the Film). In the event that the Contributor sends such notice prior to inclusion of the Contribution in the Film, the Contribution will not be eligible for inclusion in the Film.
12. If any provision of this Release is invalid, void or unenforceable for any reason, such provision shall in no way affect any other provision of this Release which remain in full force and effect.
13. In this release the expression “Film” also includes any trailers, teasers, advertising or promotional material, DVD "extras", bonus materials, electronic press kit, making-of film, soundtrack album, documentary or other production based on or relating to such film, or any other material connected with advertising, promoting or exploiting such film.
14. This Release constitutes the entire agreement between the parties and shall be governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
15. This Release may be executed in any number of counterparts, original or sent by facsimile or transmitted in any electronic format, each of which when so executed shall be deemed an original and all of which shall together constitute one and the same agreement.