Filmmaker Release / Rules and Regulations

I, the authorized representative of the project being submitted (hereafter called the "Film") to No Man’s Land (hereafter called the “NML”) for consideration for the 2017 No Man’s Land Film Festival (hereafter called the “Festival”), hereby acknowledge and agree to the following:

1. I represent and warrant to NML 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. It is the sole responsibility of the Film’s Owners to secure authorization and permission from the copyright and/or trademark owner(s) of any and all copyrighted and/or trademarked content or materials included within the submitted Film. NML expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted and/or trademarked content or materials within or relating to the submitted Film, including any content or materials that are or may become the basis for any third party claims for copyright infringement. NML reserves the right to disqualify any Film with any unauthorized inclusion of copyrighted and/or trademarked content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Film makes unauthorized or unlawful use of any copyrighted and/or trademarked content or material, the Film’s Owners shall fully indemnify and defend NML, the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.

4. In the event that the Film is accepted by NML for inclusion in the Festival, I acknowledge, on behalf of myself and the Film’s Owners, that the NML’s exhibition or presentation of the Film at the Festival does not and will not create any confidential or fiduciary relationship between the NML 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. I acknowledge that no obligation of any kind is assumed by, or may be implied against NML in the event of, by virtue of, or as a result of the NML’s 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 NML or the Festival of the content of the Film or any opinion expressed therein. In the event that the Film is accepted by NML for inclusion in the Festival, I acknowledge, that NML has the right to obtain the submitted version of the film through whatever means necessary. 

5. I agree, on behalf of myself and each of the Film’s Owners, to indemnify and hold harmless NML and the Festival, together with each of their parents, subsidiaries, affiliates, officers, directors, employees, attorneys, creative advisors, agents and representatives (collectively, “No Man’s Land 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 NML, the Festival, or any No Man’s Land Related Parties, at any time in connection with the Film or the NML’s use, handling or consideration thereof, and/or arising from any breach or alleged breach of any representation made by me to NML, the Festival or any No Man’s Land Related Parties, including, without limitation, any express or implied representation in these Terms and Conditions.

6. I warrant and agree, on behalf of myself and each of the Film’s Owners, that the Film is being submitted to NML 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 NML, the Festival, or any No Man’s Land 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 NML, the Festival, or any No Man’s Land Related Parties, 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 NML and the 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 NML, the Festival and any No Man’s Land Related Parties 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 NML, the Festival, or any No Man’s Land Related Parties 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.

7. Without in any way limiting the provisions or scope of the agreements set forth in paragraph 6 above and paragraph 12 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 6 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 Institute 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.

8. It is the sole responsibility of the Film’s Owners to clear all content of the Film from any and all actual or potential legal claims and issues, including, without limitation, claims based upon theories of libel, defamation, invasion of privacy, violation of rights of publicity, theft of trade secrets, breach of confidence, breach of confidential relationship, and breach of express or implied contract (“Third Party Claim(s)”). NML expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any content or materials within or relating to the submitted Film that are or may be the basis for any Third Party Claims based upon any of the foregoing legal theories or others. The Institute reserves the right to disqualify any Film that is or may become the subject of any Third Party Claims. In the event that any Third Party Claim(s) shall be asserted by any person or entity, the Film’s Owners shall fully indemnify and defend NML, the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any and all fees and expenses, including but not limited to attorneys’ fees, that each of any of them may incur in connection therewith.

9. In the event that the Film is accepted by NML 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 NML, the Festival, and any No Man’s Land Related Parties without reservations, conditions or qualifications:

(a) the right to exhibit the Film at the Festival, at special screenings, and at No Man’s Land Film Festival On the Road tour screenings over the extended life of the festival.

(b) 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 NML and the Festival, at their sole and absolute discretion, the right to provide this information to film industry organizations that sponsor Festival events.

9. I warrant and agree, on behalf of myself and each of the Film’s Owners, that NML has made no claims, representations or guarantees, and has provided no assurances, in relation to the internal process utilized by NML 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 NML, the Festival, or any No Man’s Land Related Parties 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 Institute for possible inclusion in 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 the Institute with signed, written consent from my parent or legal guardian.

12. 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 Film, the 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 Colorado and will be subject to and submitted to exclusive, binding arbitration before a single arbitrator in Garfield County, Colorado, 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 by the court. 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 NML 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). 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 NML, the Festival, or any No Man’s Land Related Party, and further waive, forfeit and relinquish any right to a trial by jury with respect to such claim or claims.

13. 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, located at www.nomanslandfilmfestival.org/submit. By clicking “I Agree," I agree that I am doing so after having consulted with an attorney or after I freely or voluntarily elected not to do so without coercion or duress.

 14. I hereby acknowledge that I have read and understood the Rules and Regulations for submitting a film to the Festival, located at www.nomanslandfilmfestival.org/submit, and that the information contained in said Rules and Regulations does and shall supersede any information obtained elsewhere, including, but not limited to, information contained in any Frequently Asked Questions (FAQ) documents and/or rules and regulations documents from prior years.

 15. By clicking "I Agree," 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 NML, the Festival, or any No Man’s Land Related Parties.