B. Producer has the sole discretion to make determinations of eligibility, which are binding and final in all respects, and Producer reserves the right to change any of the eligibility requirements at any time. In addition, you acknowledge and agree that Producer has the sole discretion at any time to render ineligible and disqualify any person who, in Producer’s sole discretion, could create the appearance of impropriety.
C.Selection. Selection to the program is not guaranteed. All persons admitted to the program will receive training and guidance from leaders in the industry. If you are selected to participate in the Program and decide to participate in the Program (“Participant”), you shall provide or arrange for your travel to and from a location in Los Angeles [times and places to be selected by Producer in its sole discretion] during the period April 2023 through October 2023. Please note that time frames are subject to change. You must be available in person to participate. More information will be available at colorcreative.co/fypp.
D. Participation. Participants will be required to attend all Program events and complete all Program assignments. Participants will be provided with a financial stipend to cover program-related expenses.
E. Code of Conduct.Participants are expected to conduct themselves in a professional and respectful manner. Any Participant found to be in violation of the code of ethics will be subject to disciplinary action, which may include dismissal from the program.
F. Health and Safety. Each Participant hereby agrees to adhere to Producer’s production policies & procedures, including without limitation Producer’s health and safety protocols, including but not limited to Covid-19 protocols (“Safety Protocols”). Such Safety Protocols include without limitation participating in health screenings, virus testing, wearing masks and social distancing, all as and to the extent requested by Producer as it shall determine in its sole reasonable discretion. Failure by Participant to adhere to the terms and conditions of the Agreement and/or comply with Producer’s Safety Protocols may in Producer’s sole discretion be deemed a material breach of Participant’s obligations under the Agreement, and may result in disciplinary action up to and including dismissal from the program.
G. Termination. Producer reserves the right to terminate a Participant's involvement in the Program at any time at Producer’s sole discretion, if the participant fails to meet the program requirements or violates any of the terms and conditions.
H. Equal Opportunity. Producer is committed to providing equal opportunities for all Participants, regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, age, veteran status, disability, or any other protected class. The Program prohibits discrimination and harassment of any kind and provides reasonable accommodations to applicants with disabilities.
I. Discrimination. If an applicant believes that they have been subjected to discrimination or harassment, they should report it immediately to the Producer. Any Participant found to have engaged in discrimination or harassment will be subject to disciplinary action, up to and including disqualification from the Program.
J. Non-Disclosure Clause. Participants will be required to sign a non-disclosure agreement, agreeing not to disclose any confidential information about the program or its partners without prior written consent.
K. Non-Circumvention Clause. Participants will be required to sign a non-circumvention agreement, agreeing not to directly or indirectly solicit or transact business with any partners or clients introduced to them through the program without prior written consent.
L. Accessibility. The Program will make reasonable accommodations to ensure the program is accessible to participants with disabilities.
M.Further Documentation. In the event Producer chooses you to participate in the Program, in order to participate in the Program you will be required by the Producer to fill out, sign and agree to all of the terms and conditions of additional forms, including, without limitation, a Talent Agreement, (the “Release”). In addition, you may be required to complete an extensive background questionnaire, at Producer’s discretion.
N.Submission Video License. For purposes of clarification, You shall retain all ownership rights in your Submission. However, by y submitting the Submission, you hereby grant to Producer, in perpetuity, a non-exclusive, royalty-free, sublicenseable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Submission for any purpose whatsoever, throughout the universe in perpetuity, including, without limitation, in connection with (i) the Program, including, without limitation, motion pictures, television and publishing, and in connection with the advertising (including at physical locations), sale, promotion, publicity, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the Program or any part thereof (including without limitation in connection with Program advertisers and/or sponsors and any of their respective products, integrations and/or services) and of any and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof). Producer shall also have the unrestricted right to edit the submission video and text of the Program in any manner or form; and (ii) the business of Producer and/or Producer Partner (as defined herein) and Producer and/or Producer Partner’s network of Internet websites, applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which Producer and/or Producer Partner may distribute the submission video to end users, whether now existing or hereafter developed (collectively, the “Platforms”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to you. For the avoidance of doubt, without limiting the generality of the rights granted to Producer and/or any of Producer partners, these rights include, without limitation, the absolute right to edit and/or alter any Submission Video; distribute and synchronize all or any portion of your Submission Video in timed relation to any other visual elements; to webcast, podcast, re-publish, re-telecast, re-platform, port, syndicate, route, and link to and from all or any portion of your Submission Video; to encrypt, encode and decode, and compress and decompress all or any portion of your Submission Video; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your Submission Video; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Submission Video; and to excerpt and/or extract portions of your Submission Video in order to host, store, index, categorize and display your Submission Video on or through the Platforms. You further grant Producer and Producer Partners and their respective parents, subsidiaries, related entities or affiliates, successors, licensees and assigns the irrevocable right (but not the obligation) to and to license others to film, tape and/or photograph, record, exhibit, edit and otherwise use your name, voice, sounds, image, likeness and biographical information in and in connection with the Program in any manner in Producer’s sole election and discretion, including in connection with advertising (including at physical locations), sale, promotion, programming and publicity materials, marketing, merchandising, distribution, publicizing and any and all other types of exploitation of the Program or any part thereof (including, without limitation, in connection with commercial tie-ins, Program advertisers and/or sponsors and any of their respective products, integrations and/or services) throughout the universe, in any and all media, now known or hereafter devised, in perpetuity (collectively, the “Rights”). You also grant to Producer, FYP SPONSOR, any of their respective parent, subsidiary, related entities or affiliates, sponsors of the Program, the Rights for the institutional purposes of Producer and Producer Partner and/or their respective affiliated entities, throughout the world, in any and all media, now known or hereafter devised, in perpetuity. You understand that any use as described herein shall not entitle you to receive any compensation whatsoever. Producer has no obligation to review your Submission Video or to use your Submission Video in any manner whatsoever. Producer has the right, but not the obligation to use any of the rights granted by you herein.]
O.Representations and Warranties / Indemnification. You represent and warrant: (i) you are the copyright owner of the Submission Materials; (ii) the Submission Materials is your own original work; (iii) the Submission Materials is wholly original with you and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) the Submission Materials neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (v) the Submission Materials does not and will not violate any applicable laws, and meets the Submission Materials Submission Requirements set forth above. Submission Materials must not contain any unauthorized third party owned material, including, but not limited to, trademarks, logos, music, copyrighted photos and the like. You will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required for all copyrighted material, music, identifiable third parties, identifiable locations, and releases from anyone who assisted in the creation of the Submission Materials to prove, confirm, verify, and substantiate participant’s compliance with any or all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties. In the event you cannot provide all required releases, Producer reserves the right, in its sole discretion, to discard or remove your Submission Materials, or seek to secure the releases and clearances for the benefit of Producer and/or the Producer Partners, or may allow the applicable Submission Materials to be utilized. Additionally, you represent and warrant that you will not acquire or use any trademark rights, copyrights, or any other rights in the trademarks, trade names, logos or other intellectual property of Producer or and/or their successors and assigns, and the parent and subsidiary companies, affiliated entities and partners (“Producer Partners”). Producer and each of Producer’s partners. specifically reserves its respective right to protect its intellectual property against any infringement or other illegal or improper use. You agree to indemnify and hold harmless the Producer and Producer Partners, and each of them, from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any tortious act, gross negligence, breach or alleged breach of any of the warranties, representations or agreements of you hereunder.
R.Nature of Relationship / Waiver of Equitable Relief. You understand and acknowledge that the Producer and Producer Partners have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own respective employees. You acknowledge that many ideas may be competitive with, similar or identical to the Submission Materials and/or each other in theme, idea, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of the use by the Producer and/or Producer Partners any such similar or identical material. You acknowledge and agree that the Producer and Producer Partners do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission Materials. You acknowledge that, with respect to any claim by you relating to or arising out of the actual or alleged exploitation or use of any Materials submitted in connection with the Online Application by any Producer or Producer Partners, the damage, if any, thereby caused to you will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission Materials or the Program or any other production based on or allegedly based on the Submission Materials or the Program, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
S.General Release and Limitations on Liability. By participating in this Online Application, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Online Application, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Online Application, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will you be permitted to obtain any award for, and you herebyknowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. You acknowledge and agree that the Producer and Producer Partners, their agencies, web masters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible submissions or for failure to receive or review submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Producer, Producer Partners or otherwise, that may limit a Participant’s ability to participate in this Online Application; (ii) incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Online Application and the Producer and Producer Partners assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Online Application (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or (iv) any claim by you for defamation or portrayal in a false light. Producer and Producer Partners assume no responsibility for any damage to your computer system, which is occasioned by accessing the Program Submission Website, or participating in this Online Application, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Producer reserves the right, in its sole discretion, to exclude any participant that violates the Submission Materials Submission Requirements, tampers with the Submission Materials process or operation of the Online Application or acts in an unsportsmanlike or disruptive manner, with intent to threaten, abuse or harass any other person, or for any other reason as Producer may decide in its sole discretion. If, for any reason, this Online Application is not capable of operating as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Producer, corrupt or affect the administration, security, integrity or proper conduct of this Online Application, Producer reserves the right, at their absolute discretion, to close the Submission Materials Submission Period at any time, cancel, terminate, modify or suspend this Online Application.
T.Governing Law. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF SUBMITTERS IN CONNECTION WITH THE ONLINE APPLICATION OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE ONLINE APPLICATIONS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE TERMS AND CONDITIONS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. IN NO EVENT WILL THE PRODUCER AND PRODUCER PARTNERS, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE ONLINE APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU OR MEMBERS OF YOUR ACT. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. MEDIATION & ARBITRATION; LIMITATION OF REMEDIES: THE PRODUCER AND PRODUCER PARTNERS AND YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IF ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO YOUR APPEARANCE ON OR PARTICIPATION IN AND IN CONNECTION WITH THE ONLINE APPLICATION, COLORCREATIVE AND/OR THIS AGREEMENT CANNOT BE RESOLVED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY A MEDIATION ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES. IF THE DISPUTE IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, THE PARTIES AGREE THAT THE CONTROVERSY OR CLAIM, INCLUDING THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL THEN BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF, INCLUDING ITS OPTIONAL APPEAL PROCEDURE (THE "JAMS RULES", AVAILABLE AT WWW.JAMSADR.COM, INCLUDING, WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION). THE JAMS RULES FOR SELECTION OF MEDIATORS AND ARBITRATORS SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED IN THE ENTERTAINMENT INDUSTRY AND LICENSED TO PRACTICE LAW IN CALIFORNIA OR A RETIRED JUDGE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY OF LOS ANGELES. UPON THE CONCLUSION OF ANY ARBITRATION PROCEEDINGS, THE ARBITRATOR SHALL RENDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AND A WRITTEN OPINION SETTING FORTH THE BASIS ANDREASONS FOR ANY DECISION REACHED AND SHALL DELIVER SUCH DOCUMENTS TO EACH PARTY TO THE DISPUTE. I AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY ME OR ANY OTHER CLAIM BROUGHT BY ME SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL I BE ENTITLED TO SEEK OR RECOVER PUNITIVE OR EXEMPLARY DAMAGES. I AGREE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, AND THE IRREPARABLE DAMAGE TO PRODUCER AND PRODUCER PARTNERS THAT WOULD RESULT FROM DELAYING OR PREVENTING THE EXHIBITION OF ANY PROGRAM PRODUCED HEREUNDER, IN NO EVENT SHALL I BE ENTITLED TO SEEK OR RECOVER INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF THAT WOULD PREVENT ANY SUCH PARTIES FROM EXHIBITING, MARKETING, OR OTHERWISE EXPLOITING ANY PROGRAM PRODUCED HEREUNDER, OR OTHERWISE GRANT ANY THIRD PARTY THE RIGHT TO DO ANY OF THE FOREGOING, OR TO RESCIND THIS AGREEMENT. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO GRANT EITHER PARTY ANY REMEDIES TO ANY DISPUTE THAT HAVE BEEN WAIVED PURSUANT TO THIS PARAGRAPH. NOTWITHSTANDING THE FOREGOING, I RECOGNIZE THAT GIVEN THE UNIQUE NATURE OF THE PROGRAM AND THE COMMERCIAL REALITIES OF THE ENTERTAINMENT INDUSTRY, WHICH RELY UPON CONFIDENTIALITY AND INTELLECTUAL PROPERTY RIGHTS, ANY ACTUAL OR ANTICIPATED BREACH OF MY CONFIDENTIALITY OBLIGATIONS PURSUANT TO THIS AGREEMENT, OR ANY INFRINGEMENT BY ME OF THE INTELLECTUAL PROPERTY RIGHTS OF PRODUCER OR PRODUCER PARTNERS, WOULD CAUSE PRODUCER, PRODUCER PARTNERS IRREPARABLE INJURY AND DAMAGE THAT CANNOT BE REASONABLY OR ADEQUATELY COMPENSATED BY MONEY AND, THEREFORE, I AGREE THAT PRODUCER, PRODUCER PARTNERS SHALL BE ENTITLED TO SEEK AND OBTAIN INJUNCTIVE AND OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR ANY SUCH BREACH OR INFRINGEMENT. YOU, PRODUCER AND EACH PRODUCER PARTNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI CLAIMANT PROCEEDING. FURTHER, UNLESS PRODUCER AGREES, THE MEDIATOR AND/OR ARBITRATOR MAY NOT CONSOLIDATE OTHER PERSONS’ CLAIMS WITH YOURS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, MULTI-CLAIMANT OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE REST OF THIS AGREEMENT, INCLUDING THE PROVISIONS GOVERNING WHERE ACTIONS AGAINST PRODUCER AND/OR PRODUCER PARTNER MUST BE PURSUED, WILL REMAIN IN EFFECT. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS ONLINE APPLICATION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PRODUCER AND EACH OF THE PRODUCER PARTNERS RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.