Any person or entity (hereafter "Production Representative") entering into the FIESTA SATX SHORT FILM FESTIVAL competition, confirms and certifies that he/she has read the Rules of the Competition and this Production Representative Agreement carefully and accepts the terms and conditions of the Production Representative Agreement and Fiesta SATX Short Film Festival’s decisions.

Contracting parties
When the Production Representative registers with or through the Site, www.FiestaSATXShortFilmFestival.com or through our third party vendor, FilmFreeway, (hereafter "Site"), Production Representative is contracting with One Track Vision, llc, doing business as  FIESTA SATX SHORT FILM FESTIVAL, a company registered in Texas, USA (hereafter "Producers" or "FIESTA SATX SHORT FILM FESTIVAL"). Paying an entry fee and/or uploading Content by Production Representative evidences Production Representative's acceptance of this Agreement. All Production Representatives/Production Representative must be at least18 years of age at the date of entry. 

Competition
FIESTA SATX SHORT FILM FESTIVAL is a Streaming & Television series Festival that gives participants the opportunity to screen their short films to evaluate the potential of producing the pilot submission as a web or television series in accord with the rules and regulations and other agreements on the Site.

Ownership of Content
Production Representatives will continue to own any material they submit. FIESTA SATX SHORT FILM FESTIVAL, unless otherwise stated, owns or controls all relevant intellectual property rights in the Site and the Content. Production Representative may not publish, distribute, extract, re -utilize, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed Producers herein or as permitted on the Site or under Texas or local law. The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.

File Information
If Production Representative provides any information to the Site, Production Representative agrees to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Production Representatives will be treated with appropriate care and security in accordance with our Privacy Policy. Production Representative further agrees that if Production Representative submits any content or material to us, Production Representative agrees to grant to us the right to use your name, likeness and/or biographical materials in all media for the purposes contemplated herein.

Objectionable Material
Production Representative agrees not to upload any material that contains imagery or audio content which: (a) are sexually explicit or suggestive, violent, derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain any materially dangerous activity, promote the excessive or irresponsible consumption of alcohol; or (b) promote illegal use of alcohol, drugs, tobacco, firearms (or the use of any of the foregoing), any activities that may appear unsafe or dangerous or any particular political agenda or message; (c) are obscene or offensive, endorse any form of hate or hate group; (d) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than those supplied by the endorsing competition brand), without permission, or contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (e) contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in Web sites, television, movies or other media) without permission; (f) depict, and cannot itself be in, violation of any law.

Trailer and Short Film Submissions
If Production Representative submits any material to the FIESTA SATX SHORT FILM FESTIVAL (including, without limitation, Trailer and Short Film) Production Representative hereby grants to us a worldwide, non-exclusive license to use that material in its entirety for a period of no more than two years in any media and, specifically, to make that material available via the Site, at physical locations, and via mobile phone networks. Production Representative warrants that all such materials are original and do not infringe the rights of any third party and that you have the right to grant such license and you agree to waive your moral rights for the purposes of this license. Production Representative also warrants that the material is not obscene, offensive or defamatory to any person or otherwise illegal. Producers reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and Producers may remove the material at any time.

Rights
While competing in the FIESTA SATX SHORT FILM FESIVAL, Production Representative agrees to transfer all rights while active in the competition to utilize the short film entry as FIESTA SATX SHORT FILM FESTIVAL sees fit. 

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If selected as a “official selection”, Production Representative agrees the FIESTA SATX SHORT FILM FESTIVAL has the rights to utilize the short film in its entirety for promotional purposes of the festival for a period of no less than a year and no more than two and a half years. Production Representative agrees FIESTA SATX SHORT FILM FESIVAL may use extract scenes of submitted short film for festival promotional purposes in perpetuity. 

Clearance of Rights
If Production Representative uploads any video footage, recorded music, text, photographs, graphics or other materials to the Site, Production Representative hereby warrants and represent that Production Representative personally created, wrote and produced such content and all materials contained within such content, or that Production Representative has written permission from or are authorized by the owner(s) of those materials for such use. If Production Representative submits any material containing a 'cover' (i.e. a new version of someone else's song) or any material comprising any pre-existing recorded content (i.e. 'clips' from other pilots or programmed, 'samples' from other records, photographs, graphics, etc.), Production Representative must provide details and releases at the time of submitting.

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Code of Conduct for Production Representative Content
Production Representative agrees that Production Representative is responsible for everything that Production Representative posts or submits to the festival competition and Production Representative agrees (in relation to the Site):(i) not to post content or participate in any form of online activity which is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive or which otherwise includes objectionable material;(ii) not to post content which Production Representative does not have the right to use and not to transmit any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment; and, (iii) not to impersonate any other person or entity. (iv) not to upload your short film to another website e.g. YouTube, Facebook, Twitter or any other website unless Production Representative has express permission from Fiesta SATX Short Film Festival to do so. If short film is already online, Production Representative agrees to remove from other sites until the competition ends. Producers will be entitled at our discretion to remove anything which is posted or transmitted to, from or via the Site which, in our opinion, is objectionable or does not comply with these terms and conditions in any way and Producers express disclaim any liability for such removal. Please note that the information posted to the Site by Production Representative represents the views or findings of the relevant Production Representative and is not necessarily the views of FIESTA SATX SHORT FILM FESTIVAL.

Suitability of Trailers, Films and Promo Material
The trailers, short films and promo material must be original work of the participating Team in order for them to be suitable for the Festival. The rights of a third party must not be violated, the trailers, short films and promo material must be suitable for screening (e.g. must not contain immoral or improper scenes), must not contain immoral or pornographic material, must not contain slanderous or defamatory statements of any person, company, organization or entity, must not violate the privacy or other right of any individual, company or entity, must not violate by any means any laws in effect and must not illegally appropriate any trademark, logo or other element, or any intellectual or industrial property rights (apart from those belonging to the participating team and/or to FIESTA SATX SHORT FILM FESTIVAL). Participations found by the Festival to be containing prohibited or inadequate content will be disqualified. FIESTA SATX SHORT FILM FESTIVAL reserves the right to choose who is or is not a suitable participant at its own discretion. One Track Vision, llc, and FIESTA SATX SHORT FILM FESTIVAL reserve the right to modify the terms and conditions of the festival at its own discretion. Any modifications will be announced ONLY on the official web site of the Festival, Fiesta www.SATX Short Film Festival.com The submission of the Application of Participation entails complete, explicit and unconditional acceptance of the Terms and Conditions of participation and the Process that is included on our website.

Prizes
All Film Jobs Grants provided by the festival can change at any time, and are non-transferable, non-negotiable and non-refundable and must be used for the sole purpose of creating jobs in film. There are no cash alternatives for the non-cash prizes. Any tax incurred on the prizes received by winners shall be paid by the winners.

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Notification of Winners
Official Selection Winners will be announced on site and/or over the Press and will be notified by email and through the official site www.Fiesta SATX Short Film Festival.com. Official Selection Winners will be selected by FIESTA SATX SHORT FILM FESTIVAL juror committee and its adjudicators from all valid and accepted entries on or after the closing date of the Contest and shall be notified by email and/or other means. Where further information is requested, the winners and/or finalists shall have three (3) days to respond in full to the request or an alternative winner/ finalist shall be chosen or shortlisted. Details of the names of winners and finalists shall appear on the www.Fiesta SATX Short Film Festival.com Site. Failure to claim any prize within three (3) days, or in the manner specified, may result in disqualification or selection of an alternate winner/finalist. One Track Vision, llc and Fiesta SATX Short Film Festival shall not be liable if a prize cannot be accepted or otherwise taken for any reason. Official Selection winners must agree to participate in reasonable post-competition publicity surrounding Fiesta SATX Short Film Festival.com, the Site and the event including the association of their name, approved biography, likeness and content with Fiesta SATX Short Film Festival, the Site and the event, and the making available of the winning entry or entries via the Site (and related sites) for promotional and marketing purposes. When completing your entry electronically Production Representative will have to verify acceptance of the award in writing before the prizes or awards will be issued by FIESTA SATX SHORT FILM FESTIVAL. This form will be sent to Production Representative once Production Representative has submitted his/her trailer, short film and promo material.

Trade Marks
The brands, products and service names used or appearing within the Site (including, without limitation, 'FIESTA SATX SHORT FILM FESTIVAL' is the trademarks or trade names of FIESTA SATX SHORT FILM FESTIVAL or its trading partners unless otherwise stated. Production Representative may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of FIESTA SATX SHORT FILM FESTIVAL.

Competition Specific Terms & Conditions
Production Representative agrees and understands that there may be competition specific terms and conditions which must be read and accepted before your content submission can be accepted for entry. These terms will be available on the competition web pages on the Site. Production Representative may also be required to print, sign and fax/scan/email the documents back to FIESTA SATX SHORT FILM FESTIVAL.

Liability
Production Representative agrees that the liability of FIESTA SATX SHORT FILM FESTIVAL and its executives, and One Track Vision, llc to Production Representative under this Agreement shall be limited to the amount Production Representative has actually paid to FIESTA SATX SHORT FILM FESTIVAL for its products or services. Except as set out herein, FIESTA SATX SHORT FILM FESTIVAL shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of Production Representative's participation in FIESTA SATX SHORT FILM FESTIVAL or Production Representative's use of this Site or in relation to the goods and/or services that Producers provide.

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Disclaimer
All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, Producers do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.

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Indemnity
Production Representative agrees to indemnify FIESTA SATX SHORT FILM FESTIVAL and One Track Vision, llc for any loss or damage that may be incurred by Production Representative, including without limitation legal fees, arising from any breach by Production Representative of any warranty herein or Production Representative's misuse of any material or information obtained through the Site.

No Partnership
Production Representative's use of the Site and/or its content to submit to the competition creates no partnership, client, fiduciary or other professional relationship.

Entire Agreement
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

Severance
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

Variation
This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Production Representatives from the date and time such revised terms have been posted on the Site. Production Representative's continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.

Law and Jurisdiction
This Agreement shall be governed by and will be construed in accordance with the laws of the STATE OF TEXAS and  COUNTY OF BEXAR. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Texas, USA Courts.

Production Representative attests he/she has properly informed every participant/party involved in making of the short film and has obtained the release signatures of every participant in the project.

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FIESTA SATX SHORT FILM FESTIVAL Waiver and Release Agreement

For the purposes hereof, the Trailer and Short Film footage including without limitation any portion thereof shall be collectively and separately referred to herein as the "Footage".

I hereby grant to FIESTA SATX SHORT FILM FESTIVAL and their respective parents, affiliates, subsidiaries, licensees and assigns: (a) the right (but not the obligation) to film, photograph and otherwise visually and audio visually record me and to record my voice, conversations, sounds and performances, and any pre-existing materials furnished by me ("Pre-existing Materials") in and in connection with the Footage; (b) all rights of every kind and character whatsoever (including without limitation copyrights) in and to the results and proceeds of my appearance in the Footage including, without limitation, all production, photographs and video and audio recordings produced by FIESTA SATX SHORT FILM FESTIVAL and/or Filmmaker in connection therewith (collectively "Recordings"), any and all performances, stories, statements or actions made by me, whether written, spoken, sung, or otherwise uttered or expressed by me, or information given by me, captured on any such Recordings (collectively the "Results and Proceeds").

FIESTA SATX SHORT FILM FESTIVAL shall be the exclusive owner(s) of the Footage and the Results and Proceeds giving them the right to, without limitation, in perpetuity throughout the universe, in any and all languages, in any and all media know known or hereafter invented: (a) exhibit, broadcast, use, reproduce and license others to use as they see fit all or any part of the Footage and/or the Results and Proceeds; (b) edit, dub, subtract from, add to or modify the Results and Proceeds in any manner, combine it with any other material and/or incorporate it into other pilots, projects or programs; and (c) use and license others to use my name, voice, likeness, image, photograph, performance, participation, expressions, personal experiences and biographical material (collectively "Name and Likeness"), in and in connection with the production, distribution, advertising, publicity, promotion, exhibition and other exploitation of the Footage, the Results and Proceeds and/or any portion thereof, and in connection with FIESTA SATX SHORT FILM FESTIVAL or products and services, an unlimited number of times, without any obligation of any kind to me whatsoever.

I hereby expressly waive any and all so-called "moral rights" or "droits morale" in connection with the Footage, Results and Proceeds, my appearance(s) and my furnishing of any Pre-existing Materials in and in connection with the Footage. My submission to the FIESTA SATX SHORT FILM FESTIVAL serves as signature hereon subsequent to the production of the Footage and/or the Results and Proceeds shall have the same effect as if I had signed in advance thereof.

I represent that my appearance in the Footage (and my furnishing of Pre-existing Materials, if any) will not to the best of my knowledge (i.e., what I know or should know after the exercise of reasonable prudence) infringe upon the rights of any third party. I represent and warrant that I have all rights and authority to enter into this Waiver and Release ("Release") and to grant the rights granted herein. No other authorization is necessary to enable FIESTA SATX SHORT FILM FESTIVAL use my Name and Likeness, the Results and Proceeds and/or the Pre-existing Materials (if any), for the purposes herein contemplated. I hereby waive any right of inspection or approval of the Results and Proceeds, the Footage, my Name and Likeness and/or the uses to which such Results and Proceeds, the Footage and/or my Name and Likeness may be put.

As used in this Release: (a) the term "Releasing Parties" means and refers to each of me, my heirs, next of kin, spouse, spousal equivalent, guardians, legal representatives, executors, administrators, successors and assigns; and (b) the term "Released Parties" means and refers to Production Representative and FIESTA SATX SHORT FILM FESTIVAL and each and all of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors and assigns, and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of each of the foregoing entities.

I voluntarily assume any and all risks, known or unknown, associated with my participation in the Project and actions and undertakings in connection with the Project and the Footage (collectively "my Participation"). I acknowledge that my Participation may present certain risks to me, and I hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by FIESTA SATX SHORT FILM FESTIVAL or their agents, employees, or other persons or entities affiliated with the Project; participation in inherently dangerous activities, latent or apparent defects or conditions in any equipment used in the Project; weather or other natural conditions; human error; my physical and mental condition; my own acts or omissions; first-aid, emergency treatment or other services rendered to me or others. Notwithstanding the foregoing, I hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with my Participation and the subsequent or simultaneous exhibition or other exploitation or dissemination of the Footage, the Results and Proceeds and/or any portion thereof in perpetuity throughout the universe in any and all media, whether now known of hereafter invented ("Exhibition").

I and the other Releasing Parties hereby voluntarily and knowingly, release, discharge and relinquish any and all claims, actions and lawsuits of any kind against the Released Parties related to or arising from my Participation, including, without limitation, travel to and from any location used in connection with the Project, the making, taping, production, use, editing, distribution, licensing, promoting, and/or Exhibition of the Footage, the Results and Proceeds and/or any portion thereof, including, without limitation, any claims, actions or lawsuits for wrongful death, negligence and/or other fault, either active or passive, personal injury, wrongful death, defamation, false light, violation of right of publicity, invasion of privacy, disclosure of embarrassing private facts, fraud, breach of contract, infringement of copyright, and negligent or intentional infliction of emotional distress.
I acknowledge that I may hereafter discover claims in addition to the ones released in this document, and I and the other Releasing Parties hereby release the Released Parties from any such unknown and/or unsuspected claims. I and the other Releasing Parties acknowledge and agree that this waiver is an essential and material term of this Release, and without such waiver FIESTA SATX SHORT FILM FESTIVAL would have accepted my participation in the Project. I and the other Releasing Parties hereby represent that we have been advised by legal counsel or have been given ample opportunity to be so advised and understand and acknowledge the significance and consequence of this Release and of this specific waiver.

The validity, interpretation and legal effect of this Release and any other agreements into which I may enter or documents I may execute in connection with the Project shall be governed by the laws of the state of Texas applicable to agreements executed and fully performed within the state of Texas, without regard to its conflicts of law provisions. Should any provision hereof be found invalid, in whole or in part, it shall not affect the validity or enforce-ability of any other provision hereof or of that provision insofar as it is not invalid or unenforceable. Any waiver of any term of this Release in a particular instance shall not be a waiver of such term for the future.

This Release shall bind and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, legal representatives, administrators, executors, and guardians. I represent that I am at least 18 years of age, and that if I am under 18 my parent or legal guardian has signed below.

I knowledge that FIESTA SATX SHORT FILM FESTIVAL will rely on the waivers, releases and permissions granted herein potentially, at substantial cost to FIESTA SATX SHORT FILM FESTIVAL and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.

The Production Representative promises to have available in paper form all waivers and release documents as agreed to under this agreement electronically, and duly signed in black ink by the participant party to the specific agreement and to submit said documents at any time when requested by FIESTA SATX SHORT FILM FESTIVAL

I represent that I have full rights to submit to FIESTA SATX SHORT FILM FESTIVAL the trailer, short film and promo material and attest that I have obtained written releases for all involved in the making of the trailer, short film and promo material therefore there is no necessity of obtaining the consent of any third person or entity, and that the Material does not infringe the copyright or violate any right of publicity, privacy or any other right of any person or entity. Nothing herein requires FIESTA SATX SHORT FILM FESTIVAL to use the Material. 

I agree to indemnify and hold harmless FIESTA SATX SHORT FILM FESTIVAL the officers, directors, shareholders, employees, agents and representatives thereof, from and against any liabilities, losses, claims, demands, costs (including, without limitation, reasonable attorneys' fees) and expenses arising in connection with any breach or alleged breach by me of any above representations or agreements. I hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder. I acknowledge that, in the event of any breach by FIESTA SATX SHORT FILM FESTIVAL or any third party, any damage caused by me thereby will not be irreparable or otherwise sufficient to entitle me to seek injunctive or other equitable relief. I acknowledge that my rights and remedies, if any, in any such event will be strictly limited to the right, if any, to recover compensatory monetary (but not punitive or consequential) damages in an action at law, and I will have neither the right to rescind or terminate this Agreement or any of FIESTA SATX SHORT FILM FESTIVAL's or its licensees' or assigns' rights hereunder, nor the right to enjoin the production, exhibition or other exploitation of the trailer, short film or promo material submitted or any subsidiary or allied rights with respect thereto, nor will I have the right to terminate my obligations hereunder by reason of such breach.

I hereby irrevocably grant  FIESTA SATX SHORT FILM FESTIVAL the right to incorporate the Material, and any portions thereof, in whole or in part in the trailer, short film or promo material in any manner at FIESTA SATX SHORT FILM FESTIVAL's sole discretion, and to use and exploit the Material (as incorporated in the Trailer, short film or promo material) in all media, versions and forms, whether now known or hereafter devised, in all languages, throughout the universe, in perpetuity, including, without limitation, television, the Internet, DVD, books, merchandise and all ancillary exploitation, and in any advertising, publicity or promotion for the trailer and short film, and/or any sponsor of the Project. FIESTA SATX SHORT FILM FESTIVAL has the right to alter or modify the Material in any manner, at its sole discretion. Producer may in its sole discretion accord me credit in the trailer and short film and/or otherwise for such use.

I agree to timely execute and deliver (or to procure the timely execution and delivery to FIESTA SATX SHORT FILM FESTIVAL of) any additional documents which FIESTA SATX SHORT FILM FESTIVAL may require to evidence its rights. I hereby appoint FIESTA SATX SHORT FILM FESTIVAL, or its nominee, as my irrevocable attorney-in-fact, with the right, but not the obligation, to prepare or complete any such documents and to execute the same in my name, or to obtain execution thereof by others.

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In addition to any of its other rights or remedies, FIESTA SATX SHORT FILM FESTIVAL will be entitled to seek injunctive relief in the event of any breach of my representations, warranties and agreements hereunder. FIESTA SATX SHORT FILM FESTIVAL shall have the right to freely assign and license this agreement and all or a portion of its rights and remedies hereunder, without my consent. This Agreement will inure to the benefit of and will be binding upon the parties' respective affiliates, successors, licensees, assigns, heirs and representatives. This Agreement constitutes the entire understanding and agreement of the parties hereto with respect to the subject matter hereof and cannot be amended except by a written instrument signed by the parties hereto.

 

In the event my submission is a winning project at FIESTA SATX SHORT FILM FESTIVAL, Production Representative hereby irrevocably grants One Track  Vision, llc exclusivity to represent and negotiate as Executive Producer/Producer the pilot submission for consideration of funding or green light by a television production studio, production house or web video streaming web portal. Production Representative agrees that in the event One Track Vision, llc secures a production deal or funding to move forward into a series, the series moving forward will be a 50/50 ownership split with One Track Vision, llc less any expenses incurred by One Track Vision, llc in relation to the project.

Production Representative FIESTA SATX SHORT FILM FESTIVAL and One Track Vision, llc the foregoing grant of rights with the full knowledge and understanding that FIESTA SATX SHORT FILM FESTIVAL and/or One Track Vision, llc may incur substantial expense in reliance thereon. FIESTA SATX SHORT FILM FESTIVAL and One Track Vision, llc may at any time elect not to use the Materials, in which case neither party will have any obligation to the other hereunder.