TERMS AND CONDITIONS AGREEMENT FOR EDITED FOOTAGE and/ or SCREENPLAY CONSULTATION SERVICES
Please read carefully—by hiring Atlanta Film Project (Consultant) for consultation services, you (Filmmaker) automatically agree to the terms and conditions set forth below.
It is understood you (“Filmmaker”) have read this agreement and you (“Filmmaker”) hereby acknowledge and agree to all of the terms of the agreement as stated below.
You (“Filmmaker”) have produced a film’s cut, screenplay, story or business for a possible future theatrical motion picture, television motion picture, TV series, TV half hour or hour, web series, short film, advertisting or other story format. Filmmaker submits (“Consultant”), Atlanta Film Project the Cut, Screenplay or Story Idea, in the form of an electronic data file, link, or verbally, for evaluation and consultation. The Rough Cut is being submitted under the terms and conditions stated herein (this “Terms and Conditions/Submission Agreement”).
Filmmaker has no obligations to Consultant except as set forth in this Agreement, and no other obligations exist or shall exist or shall be deemed to exist between Filmmaker and Consultant. There are no refunds for these consultation services.
It is Filmmaker’s sole responsibility to protect the Rough Cut, Screenplay or Idea, including filing or registering the Screenplay, Rough Cut and/or Treatment with the Writers Guild of America or the United States Copyright Office. Consultant strongly recommends that Filmmaker register the Idea, Screenplay, Rough Cut or Treatment with one or both of the aforementioned parties.
If the Screenplay, Rough Cut, Idea or treatment is submitted by more than one person, all instances of the word “Filmmaker” herein shall be deemed changed to “Filmmakers” and this Agreement will be binding jointly and severally upon all such persons (“Filmmakers”).
NOW, THEREAFTER, in consideration of the premises and mutual covenants herein contained, the parties (Consultant and Filmmaker) agree as follows:
1. All information disclosed by Filmmaker to Consultant, in writing, whether or not such information is also disclosed orally, that relates or refers, directly or indirectly, to the Rough Cut or Treatment, Screenplay or Idea, including the Rough Cut, Treatment, or Idea itself, shall be deemed confidential and shall constitute Confidential Information, and shall include:
2. The Confidential Information shall remain the property of the Filmmaker and shall not be disclosed or revealed by Consultant.
3. No Professional Advice Guarantee or Promise: The information contained in or made available by Consultant in the consultation of your feature rough cut, short rough cut, TV half hour or hour rough cut, TV movie rough cut, TV pilot rough cut, footage associated with a documentary, treatment, screenplay, outline, beat sheet or idea, will not place consultant liable for any direct, indirect, consequential, special, exemplary or other damages, including economic loss, that may result from the use of, or the inability to use, the materials, information or strategies communicated through the consultation, or any products or services provided before or after the consultation, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will consultant be liable for any special or consequential damages that result from Filmmaker’s participation in the consultation.
To be clear: You, the Filmmaker, alone are responsible and accountable for your decisions, actions and results, and by your participation in the consultation, you agree not to attempt to hold Consultant liable for any decisions, actions or results that you make or experience in business or in life due to your participation in this consultation at any time, now or in the future, under any circumstance.
4. This agreement sets forth the entire agreement between the parties and may not be amended or modified except by a writing signed by all of the parties.
5. This Agreement may not be changed, modified, terminated or discharged except in writing signed by both Filmmaker and Consultant. This Agreement, regardless of where executed or performed, shall be governed by, construed and enforced in accordance with the laws of the State of California without regard to the conflict of law’s provisions thereof.