I, the representative of the project being submitted (the “Film”), acknowledge and agree as follows in connection with the Film’s submittal to Good Symptom — (“Good Symptom”) for consideration in The 3rd Thing’s Good Symptom serial anthology.
Certification & Warranty
1. I hereby represent and warrant to The 3rd Thing that (a) I am wholly authorized, on my own behalf and on behalf of all other persons or entities who have any ownership rights in the Film, to submit to and exhibit in Good Symptom, (b) this exhibition will not violate any law or any right or consent of any person or entity and (c) the Film is not subject to litigation nor is it threatened by any litigation.
2. 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 a written consent from my parent or legal guardian.
3. I further represent and warrant that, to the best of my knowledge, the exhibition of the Film in Good Symptom 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 my Film does not constitute 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 the exhibition and distribution of the Film in connection with Good Symptom.
Rights
4. If the Film is accepted, I acknowledge The 3rd Thing obtains the non-exclusive right to transmit and display the Film by any means in the form in which the Film is originally exhibited by The 3rd Thing as a part of Good Symptom, including the right to include the Film or excerpts from the Film in any future iterations, environments and venues, and to partner with organizations for exhibition and distribution of the Good Symptom anthology, and therefore my Film, deemed beneficial by The 3rd Thing.
5. If accepted, I hereby grant without reservations, to The 3rd Thing (a) the right to use footage, stills and/or titles, and information and footage from 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.
6. I acknowledge further that The 3rd Thing shall have sole discretion regarding all programming and scheduling decisions, including whether to accept the Film, and may modify or retract such decisions at any time, including after the Good Symptom anthology lineup has been announced.
7. All rights for the Film not specifically granted herein to The 3rd Thing are reserved by the copyright holder/s.
Delivery
8. If accepted, I agree to submit the following within 11 days of acceptance:
- A brief synopsis
- An artist statement
- Credits for director(s) and writer(s)
- 1-5 high-resolution Film still-frames
- 1920×1080 h.264 Film exhibition file
- Caption/subtitle file either burned-in or as .srt or .vtt
- contact information and social media handles for the director(s), writers(s) and producer(s) of the Film
- the full name and all necessary contact information of the Film’s appropriate payment recipient.
Payment
9. If accepted, I understand The 3rd Thing will make a one-time payment of $50 for inclusion of the Film upon its initial release in Good Symptom.
Indemnification
10. I agree to indemnify, defend and hold harmless The 3rd Thing, its volunteers, employees, founders, members, attorneys, advisors, agents and partnering entities, individually and collectively, from and against any and all claims, complaints, causes of action, liabilities, judgements, losses, costs and expenses (including but not limited to reasonable attorneys’ fees and court costs) arising out of or in connection with any materials I submit, including but not limited to claims relating to copyright infringements, trademark infringement, defamation, invasion of privacy, violation of the right of publicity, misuse of trade secrets, breach of confidentiality, or breach of contract that may be asserted against The 3rd Thing or incurred by any of the foregoing at any time in connection with the Film or The 3rd Thing’s use thereof, and/or arising from any breach or alleged breach of any representation made by me to The 3rd Thing or its entities.
11. I agree that any controversy arising out of or in connection with my Film and The 3rd Thing will be governed by the internal laws of the State of Washington and conclusively determined by arbitration in Thurston County in accordance with the rules of the American Arbitration Association before a single arbitrator mutually agreed by the parties. I hereby waive any and all rights and benefits which I might otherwise have or be entitled to litigate any such dispute in court, including without limitation a trial by jury.
Acceptance
12. By submitting a Film to Good Symptom, I give my full and complete acceptance of the terms herein, which constitute the Agreement in Whole.