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The Misty Flicks Challenge Participation Agreement

The following document is a copy of the participation agreement in the registration form.

Whoever is Team Leader is the only point of contact for The Misty Flicks Challenge. The Team Leader is solely responsible for payment, registration and all contractual obligations. They must be at least 18 years of age. If you are under 18 please put your Guardian's name and let them read this document.

(FOR PAID EVENTS) REFUND POLICY: The Misty Flicks Challenge will offer a full refund of the registration fee to entrants in the event of cancellation of The Misty Flicks Challenge event. Otherwise once registration

has been purchased for entry into The Misty Flicks Challenge, entrants cannot be refunded. We encourage entrants to make sure they can participate in The Misty Flicks Challenge, as the registration fee cannot be exchanged or monies refunded after purchase. Refunds will be processed by The Misty Flicks Challenge within ten working days. The Misty Flicks Challenge will only be liable for the full costs of registration to be refunded. Customers' statutory rights are not affected.

Declaration by Team Leader:

I have read and acknowledged The Misty Flicks Challenge health and safety policy and acknowledge that my team must have their own policy and comply with the Health and Safety at Work Act 2015. I can confirm that our team leader is a New Zealand citizen or permanent resident.

I understand that by agreeing to the Participation Agreement below I am entering an agreement with The Misty Flicks Challenge and acknowledge I need to perform the tasks below to be eligible for this year's challenge:

● Complete the secure online credit card payment portion of this registration process.
● Read and understand the rules and FAQs for the competition.
● Come back and complete the online wrap-Up on this site during the shoot weekend.
● Submit my completed film and all required paperwork before 31st August 2024

This is an agreement which binds the film team leader and his or her team (documented above in the Registration Agreement), hereafter known as (the "Entrant"), with respect to the Entrant's participation in The Misty Flicks Challenge (the "The Misty Flicks Challenge") and the creation of a short film or video (the "Film") pursuant to the terms of The Misty Flicks Challenge as set out below (the "Terms").

The Entrant hereby agrees to take part in The Misty Flicks Challenge, being produced by The Misty Flicks Challenge and is scheduled to take place from 21-24 November 2024.

The Entrant hereby states that they have read, and agree to abide by, all the Rules and Registration requirements (as set out incorporated on the official The Misty Flicks Challenge website). It is understood that The Misty Flicks Challenge reserves the right to screen or exhibit only those films/videos which adhere to the Terms.

The Entrant hereby understands that they are solely responsible for all crew, cast, equipment, sets, locations, and other items necessary for participating in The Misty Flicks Challenge and all costs, expenses, damages and claims related thereto. The Entrant hereby understands that they are solely responsible for the safety of all cast and crew who participated in the Film.

The Misty Flicks Challenge is providing the event and guidelines in which the Entrant is taking part; a screening opportunity for the completed work; and a prize for each city winner and the Grand National Winner.

The Entrant hereby affirms that they will secure all rights to images, sounds and music used in their Film and/or will secure any and all talent, crew releases and other releases as required (including but not limited to use of locations, artwork, props etc) (the "Release Form(s)").

The Entrant hereby affirms that such Release Form(s) will allow the Entrant and/or The Misty Flicks Challenge to exercise the rights as required and set out in the Rules and will indemnify and save and hold harmless The Misty Flicks Challenge from any and all claims, costs, damages, expenses and liabilities arising from the creation, use, participation, exhibition and exploitation (including, but not limited to claims for negligence and other torts, discrimination, fraud, infringement and breach of contract) of the Entrant's Film.

In consideration of The Misty Flicks Challenge allowing the Entrant to participate in The Misty Flicks Challenge, the Entrant grants The Misty Flicks Challenge an exclusive license in the Film on the following terms:

● Territory: World
● Term: 24 months from delivery of the Film
● Licensed rights: the right to publicise, promote, screen, show, exhibit, broadcast, licence or otherwise exploit or deal with the Film in all media (now known or later invented or devised) as required by The Misty Flicks Challenge.

Entrant shall have the following non-exclusive, non-assignable rights: (i) to enter the Film in film festivals & competitions; (ii) to screen the Film at local film events; (iii) to stream the Film or any portion thereof for free on Entrant’s personal or team website or for free on any third party website for Internet viewing, provided that the Film or portion thereof as so streamed contains an initial full-screen title card stating “This Film was created for The Misty Flicks Challenge.” (iv) to distribute the film for free via any physical media; (v) to use the Film on a professional reel to promote Team Leader, Team or any Team member; and (vi) any other use agreed to in writing by The Misty Flicks Challenge.

The Entrant hereby acknowledges that The Misty Flicks Challenge may edit or alter their film to suit all possible broadcast requirements.

The Entrant hereby acknowledges that if they upload photos to The Misty Flicks Challenge Flickr group, Instagram or Facebook group, or another public file-sharing service, these may be used by

The Misty Flicks Challenge for the purpose of publicity. Credit to the photographer will be given if supplied on the photo itself.

The Entrant hereby acknowledges that participation in The Misty Flicks Challenge is without remuneration or compensation whatsoever. The consideration for participating in The Misty Flicks Challenge and for the rights as acquired by The Misty Flicks Challenge pursuant to this agreement is the screening of the Entrant's completed Film at the conclusion of the Challenge; and the possibility, although not the obligation by The Misty Flicks Challenge, for future domestic screenings; and the opportunity for publicity or exposure for the Entrant.

 

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