Terms & Conditions

Terms & Conditions

TERMS AND CONDITIONS: I, the authorized representative of the project being submitted (hereafter called the “Project”) to the Bedford International Film Festival (hereafter called the “BIFF”) for consideration in the 2019 Bedford Film Festival (hereafter called the “Festival”), hereby acknowledge the following:

1.  I represent and warrant to the Festival 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 Project (hereafter called the “Project’s Owners”), to exhibit this Project at the Festival,

(b) exhibition of the Project at the Festival will not violate any law or any right or consent of any person or entity; and

(c) the Project is not subject to any litigation, arbitration, or other adversarial claim or proceeding, nor is the Project 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 Project’s Owners, that the exhibition of the Project 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 Project 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 Project at or in connection with the Festival.

3. In the event that the Project is accepted by BIFF for inclusion in the Festival, I acknowledge, on behalf of myself and the Project’s Owners, that the Festival’s exhibition or presentation of the Project at the Festival does not and will not create any confidential or fiduciary relationship between the Festival on the one hand and myself and/or the Project’s Owners on the other. I further acknowledge, on behalf of myself and the Project’s Owners, that I and we understand that neither I nor any of the Project’s Owners will receive any compensation for such exploitation, although some prizes at the Festival may include cash awards. I acknowledge that no obligation of any kind is assumed by, or may be implied against, BIFF or the Festival in the event of, by virtue of, or as a result of the BIFF’s selection of the Project for the Festival. I and the Project’s Owners understand and acknowledge that the selection of the Project for inclusion in the Festival does not and will not in any way constitute an express or implied endorsement or approval by the BIFF or the Festival of the content of the Project or any opinion expressed therein.

4. I agree, on behalf of myself and each of the Project’s Owners, to indemnify and hold harmless the BIFF and the Festival, together with each of their parents, subsidiaries, affiliates, officers, directors, employees, attorneys, creative advisors, agents and representatives (collectively, “BIFF 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 the Festival, or any BIFF Related Parties, at any time in connection with the Project or the BIFF’s use, handling or consideration thereof, and/or arising from any breach or alleged breach of any representation made by me to the BIFF, the Festival or any BIFF Related Parties, including, without limitation, any express or implied representation in these Terms and Conditions.

5. I warrant and agree, on behalf of myself and each of the Project’s Owners, that the Project is being submitted to the BIFF voluntarily and without promise or inducement, and that the submission of the Project neither imposes nor creates any obligation or responsibility on the part of the BIFF, the Festival, or any BIFF Related Parties to accept the Project for inclusion in the Festival, to exhibit the Project at the Festival, to acknowledge the submission of the Project, or to return the Project to me or others. I further agree, on my own behalf and on behalf of the Project’s Owners, that I and the Project’s Owners, in submitting the Project 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 the BIFF, the Festival, or any BIFF Related Parties, based upon, arising out of or otherwise relating to the submission, exhibition or failure to exhibit the Project (including, without limitation, claims relating to any failure or refusal to exhibit the Project at the Festival, the exhibition or marketing of the Project 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 Project, and any other matters arising from or relating to the submission of the Project), 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 Project’s Owners, to indemnify the BIFF 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 BIFF, the Festival and any BIFF 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 BIFF, the Festival, or any BIFF Related Parties in connection with any Claim or any action, arbitration or other proceeding brought or initiated by me or any of the Project’s Owners or any other representative of, or person affiliated with, the Project.

6. Without in any way limiting the provisions or scope of the agreements set forth in paragraph 5 above and paragraph 10 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 Project’s Owners, or any other representative of or person affiliated with the Project, 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 5 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 Project to the BIFF 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 Project’s Owners, or any other person or entity representing or affiliated with the Project.

7. In the event that the Project is accepted by the BIFF for inclusion in and exhibition at the Festival, I hereby grant, on behalf of myself and each of the Project’s Owners, each of the following rights to the BIFF, the Festival, and any BIFF Related Parties without reservations, conditions or qualifications: (a) the right to use footage, stills and/or titles, and information from or relating to the Project for promotional purposes; and (b) the right to issue and authorize publicity concerning the filmmakers and the Project and to use all associated names, likenesses and biographical information. I also agree to provide up-to-date contact information pertaining to the director(s) and producer(s) of the Project, and to grant the BIFF and the Festival, at their sole and absolute discretion, the right to provide this information to film industry organizations that sponsor Festival events.

8. I warrant and agree, on behalf of myself and each of the Project’s Owners, that the BIFF has made no claims, representations or guarantees, and has provided no assurances, in relation to the internal process utilized by the BIFF with respect to selection of films for inclusion in the Festival, and that the submission of the Project neither imposes nor creates any obligation or responsibility on the part of the BIFF, the Festival, or any BIFF Related Parties to provide me, the Project’s Owners, or my or their related parties with comments, feedback or other information pertaining to the viewing or consideration of the Project by the BIFF for possible inclusion in the Festival.

9. I warrant and agree, on behalf of myself and each of the Project’s Owners, that by submitting the Project to the BIFF, I hereby grant the BIFF the irrevocable right to view and/or download all digital assets associated with the project, including, but not limited to, any representation of the Project in the form of video files, still images, assets streamed via the Internet, and/or all other assets and information provided by the Applicant on the application. Any dissemination of these materials, incidental or otherwise, shall not be the responsibility of the BIFF or any BIFF Related Parties.

10. 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 BIFF with signed, written consent from my parent or legal guardian.

11. 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 Project’s Owners, that any claim, dispute or controversy arising out of, in connection with, or otherwise related to the Project, 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 Virginia, USA and will be subject to and submitted to exclusive, binding arbitration before a single arbitrator in Bedford, Virginia, USA, which shall be the sole and exclusion forum for determination of such claim, dispute or controversy. Such arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. 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 JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect. 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 the BIFF to include the Project 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 and JAMS administrative charges). 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 Project’s Owners, any right or entitlement that I or the Project’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 the BIFF, the Festival, or any BIFF Related Party, and further waive, forfeit and relinquish any right to a trial by jury with respect to such claim or claims.

12. 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.BedfordFilmFest.org/submissions-rules. By completing my submission application for 2019 BIFF Film Festival consideration, 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.

13. I hereby acknowledge that I have read and understood the Rules and Regulations for submitting a film to the Festival, located at www.BedfordFilmFest.org/submissions-rules, 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.

14. By completing my submission application for 2019 Bedford Film Festival consideration, 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 Project’s Owners by the Festival, the BIFF, or any BIFF Related Parties.