I hereby represent and warrant that I am the owner or the authorized representative for the owner(s) of the film (the “Film”) being submitted pursuant to this submission agreement (the “Agreement”) for public exhibition and inclusion in any Cine Pobre Film Festival (hereinafter referred to as the “Festival”) and that I have all the necessary rights and authority to submit the Film to the Festival and to enter into and obligate the owner(s) of the Film to enter into this Agreement.
I represent and warrant that: I have obtained all necessary releases, licenses, authorization and permission from the owner(s) of any and all content and rights owned by third parties included in the Film, including without limitation all copyrights, trademarks, rights of privacy and publicity, and contract rights, and nothing in the Film shall infringe upon or violate the rights of any third party. The Festival disclaims any responsibility for, and will not be held responsible for, any unauthorized inclusion of any third-party 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.
There is no legal action presently pending, threatened or reasonably anticipated in connection with the Film.
I acknowledge and agree that in the event of any disagreement or dispute in connection with this Agreement or submission of the Film to the Festival, the parties will first attempt to resolve such disputes through good-faith negotiation. In the event such dispute is not promptly resolved, the parties agree that any legal action shall be brought only in arbitration before a mutually agreed-upon arbitrator in Mexico City, and I hereby submit to venue and personal jurisdiction in connection with the same. 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.
In the event that the Film is selected by the Festival, I further grant the Cine Pobre the right to utilize the Film; the names, likenesses and biographical information of the producer(s), director(s), performer(s) and others associated with the Film; and images, stills, and excerpts from the Film for promotional and outreach purposes.
I agree that I will not enter into or permit any agreement or arrangement concerning the Film, including without limitation a distribution agreement, sales representation agreement, third party marketing agreement or similar, unless such agreement explicitly permits the rights granted in this Agreement, including without limitation the public exhibition of the film at the Festival.
I agree to indemnify and hold the Festival, its directors, employees and agents harmless from and against any and all claims, liabilities, losses, damages, and expenses (including but not limited to attorney's fees, and costs of the court) which may be incurred by reason of any type of claim whatsoever in connection with the Film or its submission, acceptance or exhibition at the Festival, including without limitation breach of any representation, warranty or obligation set forth in this Agreement. I further agree that in the event of a breach of any representation, warranty or obligation set forth in this Agreement which reasonably precludes exhibition of the Film at the Festival, in addition to any other remedies available at law or in equity, I will pay to the Festival liquidated damages in the amount equivalent to $500 USD.
I have read and accept the terms and conditions described on this Agreement and I understand that acceptance of the Film to the Festival shall be in the sole discretion of the Festival. If the film is selected for the Festival, I grant permission for public exhibition of the Film during the Festival and I agree to comply with all rules and reasonable requests of the Festival in connection with the same, including without limitation providing the exhibition copy of the film requested as Digital Media File at least two weeks prior to the Festival.
By submitting my film to Cine Pobre on behalf of myself and the owner(s) of the Film, I freely and voluntarily give and express full and complete acceptance of all of the terms and conditions set forth in this Agreement.