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-Neptune Cinema: 53-Hour Film Challenge -

Team Leader’s Agreement

 

This is an agreement between (“Team Leader”) representing the film team known as ("Team"), and the Neptune Cinema: 53-Hour Film Challenge, with respect to the Team Leader's and Team's participation in the Neptune Cinema: 53-Hour Film Challenge 2025 and creation of a short film or video (the "Film") pursuant to the terms below.

 

The Team Leader hereby agrees on behalf of him/herself and Team to take part in the (City) Neptune Cinema: 53-Hour Film Challenge 2025 (“Challenge”) being produced by the Challenge and scheduled to take place from to , 2025.

  1. Team Leader has read, and agrees on behalf of him/herself and Team to abide by, the “Filmmaking Rules” and the “Competition Rules” (collectively “Official Rules”) of the Challenge, the terms of which are available at [Insert Website URL], and by reference made a part hereof. It is understood that the Challenge reserves the right to disqualify from screening or exhibition and remove from consideration for awards and prizes any films/videos which do not adhere to the Official Rules.

  2. Team Leader hereby understands that he/she is responsible for all crew, cast, equipment, sets, locations, and other items necessary for participating in the Challenge, and all costs, expenses, damages and claims related thereto. The Challenge is providing the event and guidelines in which the Team Leader is taking part; a screening opportunity for all qualifying films/videos; and a prize for the Challenge winner.

  3. Team Leader hereby affirms that he/she will secure all rights (including without limitation copyrights) in and to all material included in the Film, including without limitation any and all images, photographs, performances, appearance(s) by any person(s), sounds, soundtrack and music (including without limitation compositions, recordings and performances). In no manner limiting the foregoing, Team Leader will obtain a signed Waiver and Release Form from all cast and crew, a signed Music Release from all persons or entities providing music, and a signed Location Release for all locations used in the Film. Team Leader represents and warrants that he/she (a) is free to enter into this Agreement, (b) that Team Leader is the sole copyright holder in and to the Film; and (c) the Film does not to the best of Team Leader’s knowledge (including what Team Leader should know or have known in the exercise of reasonable prudence) violate the copyright of any person or entity, or defame or infringe upon any rights of any kind, including the right of privacy, of any person or entity.

  4. Team Leader hereby agrees to indemnify, defend, and hold harmless the Challenge, its owners, officers, directors, shareholders, employees, partners, representatives, successors, licensees, and assigns [including the owners, officers, employees and agents of such partners, representatives, successors, licensees and assigns] (collectively “Indemnified Parties”) from and against any and all claims, costs, damages, expenses and liabilities including without limitation attorneys’ fees (collectively “Claims”) arising from the creation, production, use, exhibition, promotion, or other exploitation of the Film by the Indemnified Parties and/or any of them, Team Leader, Team and/or any member thereof (including without limitation Claims for negligence and other torts, unauthorized use of likeness, invasion of right of privacy, publicity or personality, defamation, fraud, infringement of copyright and/or trademark, and breach of contract), and for any breach by Team Leader of any representation, warranty or obligation of Team Leader hereunder.

  5. Team Leader retains full ownership and copyright of the Film. Team Leader grants to the Challenge a non-exclusive, worldwide, royalty-free license to screen the Film at the Challenge’s official screening event(s) and to post the Film or portions thereof on the Challenge’s official website and social media platforms for promotional purposes related to the Neptune Cinema: 53-Hour Film Challenge. This license extends from the date the Team Leader submits the Film to the Challenge until May 31, 2026 (“End Date”). The Challenge shall not copy, distribute, exhibit, broadcast, or otherwise exploit the Film in any other manner or medium without the prior written consent of the Team Leader.

  6. Any sales, licensing, or distribution of the Film to third parties, whether before or after the End Date, shall be solely at the discretion of the Team Leader. The Team Leader shall receive 100% of any proceeds, fees, or royalties from such sales or licensing agreements. The Challenge shall not receive any portion of such proceeds, nor shall it initiate or negotiate any sales or licensing agreements on behalf of the Team Leader without the Team Leader’s prior written consent.

  7. In the event that a third-party wishes to purchase or license rights to the Film, the Team Leader shall have full authority to negotiate and enter into such agreements independently. The Challenge shall not have any claim to rights or proceeds from such agreements and shall not assign or license any rights in and/or to the Film without the prior written permission of the Team Leader.

  8. Should the Team Leader receive a distribution offer, the Team Leader may enter into the deal without requiring authorization from the Challenge, and the Challenge shall have no claim to any proceeds from such distribution.

  9. Team Leader hereby acknowledges that participation in the Neptune Cinema: 53-Hour Film Challenge 2025 is without remuneration or monetary compensation whatsoever. The consideration for participating in the Challenge is the screening (in-person or online) of Participant’s completed Film/video at the conclusion of the Challenge; the opportunity to post the Film on the Challenge’s website and social media; and the opportunity for publicity or exposure for being a participant.

  10. Team Leader acknowledges that, in the event of any breach of this Agreement by the Challenge or any third party, the damage, if any, caused to Team Leader thereby will not be irreparable or otherwise sufficient to entitle Team Leader to seek injunctive or other equitable relief. Team Leader’s rights and remedies in such event will be strictly limited to the right, if any, to recover compensatory (but not punitive or consequential) damages in an action at law, and Team Leader will have neither the right to rescind or terminate this agreement or any of the Challenge’s rights hereunder, nor the right to enjoin the exhibition or other exploitation of the Film or any subsidiary or allied rights with respect thereto.

  11. Team Leader may not assign this Agreement or any of its obligations hereunder without the Challenge’s prior written consent. The Challenge may freely assign any and all rights and obligations under this Agreement in whole or in part to any other party. Team Leader acknowledges and agrees that Team Leader is not an employee or agent of the Challenge for any purpose, including all tax obligations, but that the parties are contractors independent of one another.

  12. Team Leader hereby acknowledges that a “Making of the Neptune Cinema: 53-Hour Film Challenge” (the “Documentary”) may be shot during the Challenge, and hereby agrees to allow camera crews to tape his/her team during any production stage of the Challenge; and further agrees to immediately provide to the Challenge a signed release for each of his/her participating cast and crew members. The Challenge has no obligation whatsoever to produce or exhibit the Documentary.

  13. The Challenge will not be liable for any special, indirect or consequential damages, without limitation, damages arising under any Claim or cause of action, including contract, warranty, strict liability or tort, whether or not the Challenge has been advised of the possibility of such damages. Furthermore, it is understood that the Challenge’s total liability for any Claims and/or causes of action shall not exceed, and is limited to, the total amount paid to the Challenge in entry fees by Team Leader under this agreement. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.

  14. This agreement shall be governed by and construed in accordance with the internal laws of [Insert State/Country, e.g., California, USA], without any reference to its conflicts of laws provisions.

 

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-Neptune Cinema 53-Hour Film Challenge -

 

Talent Release and Liability Waiver

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  1. For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, I agree to participate in and in connection with a motion picture (“Film”) being produced by ___________________________ (“Team Leader”) as part of the Neptune Cinema 53-Hour Film Challenge in Memphis, TN on or about ________________ (date) (the “Project”), as well as in connection with any “behind the scenes” recordings taped, filmed, recorded and/or otherwise produced by Neptune Cinema (“NC”) with regard to the making of the Project (“Documentary Footage”). For the purposes hereof, the Film and the Documentary Footage including without limitation any portion thereof shall be collectively and separately referred to herein as the “Footage”.

  2. I hereby grant to Filmmaker and NC and their respective parents, affiliates, subsidiaries, successors, licensees and assigns: (a) the right (but not the obligation) to film, photograph and otherwise visually and audiovisually 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 film, photographs and video and audio recordings produced by NC 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”).

  3. Filmmaker and NC shall be the exclusive owner(s) of the Footage and the Results and Proceeds, giving them the right, without limitation, in perpetuity throughout the universe, in any and all languages, in any and all media know known or hereafter invented: (a) to 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) to 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 films, projects or programs; and (c) to 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 NC or NC’s products and services, an unlimited number of times, without any obligation of any kind to me whatsoever.

  4. I hereby expressly waive any and all so-called “moral rights” or “droits moral” 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 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.

  5. 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 Filmmaker and/or NC to 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.

  6. 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 Filmmaker and NC and each and all of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, heirs, 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 Filmmaker and/or NC 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 vehicle, equipment and/or any location 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. 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”).

  7. 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 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.

  8. 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 neither Filmmaker nor NC 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.

  9. 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 Tennessee applicable to agreements executed and fully performed within the State of Tennessee, 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 enforceability 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.

  10. 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 under 18 my parent or legal guardian has signed below.

  11. I acknowledge that NC and Filmmaker will rely on the waivers, releases and permissions granted herein potentially at substantial cost to NC and/or Filmmaker, and hereby agree not to assert any claim of any nature whatsoever against anyone relating to the exercise of the permissions granted hereunder.

  12. GDPR CLAUSE The controller of personal data is Neptune Cinema, whose mailing address is [Insert Address, Memphis, TN]. Contact email address: [Insert Email]. The processing of personal data by the Controller takes place in accordance with the applicable law. As part of the registration for the Neptune Cinema 53-Hour Film Challenge, the following data will be processed: first and last name, postal address, contact number and/or email address as well as image in materials documenting and promoting the Neptune Cinema 53-Hour Film Challenge. Providing the above personal data is necessary for the performance of the contract terms. The legal basis for the processing of personal data is the performance of the contract and the organization of the Neptune Cinema 53-Hour Film Challenge. The personal data of the participant will be stored for the period necessary to achieve the purposes for which they are processed, in particular for the period necessary for performance of the contract. Participants' personal data may be used by Neptune Cinema ([Insert Address, Memphis, TN]) for the purpose of awarding prizes and provisions resulting from the contract. Materials containing images may be used by Neptune Cinema ([Insert Address, Memphis, TN]), as well as to project partners for promotional purposes. The participant has the right to request access to their personal data, the right to correct or modify their data, as well as the right to lodge a complaint with the supervisory authority. Failure to provide data requested will result in the inability to fulfill the contract terms contained in the form, and thus the inability to participate in the Neptune Cinema 53-Hour Film Challenge.

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-Neptune Cinema: 53-Hour Film Challenge-

Music Release Form

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  1. For good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the undersigned (I, me, my) agree to furnish the musical compositions, recordings, performances, and/or other materials described below (collectively “Material”) intended to be incorporated in and used in connection with a motion picture (“Film”) being produced by ______________________________________ (“Filmmaker”) as part of the Neptune Cinema: 53-Hour Film Challenge for _____________________ (City) on or about ________________ (date) (the “Challenge”).

The description of the Material is as follows: (please list title of music; if original work, list composer and/or musician; if from music service or music library, please list the name of the service/library and contact information.)

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  1. I hereby irrevocably grant to Filmmaker the right to incorporate the Material, and any portions thereof, in whole or in part in the Film in any manner at Filmmaker’s sole discretion, and to use and exploit the Material (as incorporated in the Film) 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 Film. The Neptune Cinema: 53-Hour Film Challenge (“Challenge”) shall have a non-exclusive, worldwide, royalty-free license to screen the Film (incorporating the Material) at the Challenge’s official screening event(s) and to post the Film or portions thereof on the Challenge’s official website and social media platforms for promotional purposes related to the Challenge until May 31, 2026 (“End Date”). The Challenge shall not copy, distribute, exhibit, broadcast, or otherwise exploit the Film or Material in any other manner or medium without the prior written consent of the Filmmaker. Filmmaker has the right to alter or modify the Material in any manner, at its sole discretion. Filmmaker may in its sole discretion accord me credit in the Film and/or otherwise for such use.

  2. I represent that I have the right to grant to Filmmaker the right to use the Material without the 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 Filmmaker or the Challenge to use the Material. I agree to indemnify and hold harmless Filmmaker, the Challenge, and any person claiming under Filmmaker or the Challenge, and 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 Filmmaker, the Challenge, or any third party, the damage, if any, caused 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 Filmmaker’s or the Challenge’s or their licensees’ or assigns’ rights hereunder, nor the right to enjoin the production, exhibition or other exploitation of the Film 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.

  3. I agree to timely execute and deliver (or to procure the timely execution and delivery to Filmmaker of) any additional documents which Filmmaker may require to evidence its rights. I hereby appoint Filmmaker, 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.

  4. In addition to any of its other rights or remedies, Filmmaker will be entitled to seek injunctive relief in the event of any breach of my representations, warranties and agreements hereunder. Filmmaker and the Challenge 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.

  5. I give Filmmaker the foregoing grant of rights with the full knowledge and understanding that Filmmaker may incur substantial expense in reliance thereon. Filmmaker may at any time elect not to use the Materials, in which case neither party will have any obligation to the other hereunder.

 

By checking the box below, I agree to the terms of this Music Release Form:

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