TERMS OF AGREEMENT (Scroll to bottom to accept)
LIFE STORY RIGHTS AGREEMENT
Welcome to the MELTDOWNthefilm website (the “Site”). Please read this Life Story Rights Agreement (the “Agreement”) carefully before submitting material.
1. Acceptance of Terms and Conditions.
2. Submission Requirements.
The Site’s purpose is to collect information about the lives and experiences of survivors of the partial meltdown of the Three Mile Island Unit 2 (TMI-2) nuclear reactor on March 28, 1979, (the “Incident”) for Producer’s use in developing and promoting one or more motion pictures based on the Incident (collectively the “Motion Picture”). You represent that Your submission of such information (the “Life Story” as defined further below) to Producer through the Site is consistent with this purpose and is complete and accurate to the best of Your knowledge. You understand that although the Motion Picture will be based on the Incident, it is intended to be a narrative film and not a documentary.
3. Definition of Life Story.
For purposes of this Agreement, “Life Story” means the irrevocable, exclusive, perpetual, and universal rights to use Your name, likeness, sobriquet, voice, and biography; depict, portray, impersonate, or simulate You in any way whatsoever; use all of the incidents of Your life preceding, surrounding, following, and otherwise in any way relating to the Incident that Producer deems in its sole discretion necessary or appropriate to produce the Motion Picture, whether wholly or partially factual or fictional; and use any related information and materials in Your possession or under Your control, which You shall, at Producer’s request, disclose and provide to Producer, including, without limitation, newspaper or magazine clippings, photographs, home movies, videotapes, journals, notes, letters, recordings, transcripts, or other physical materials, and all of your experiences, observations, reactions, recollections, and thoughts surrounding, arising out of, or concerning the Incident (all the aforementioned rights collectively the “Life Story”).
4. Life Story Rights Granted.
(a) Producer hereby acquires and You assign, convey, sell, and transfer to Producer all motion picture, television, home-video, Internet, allied, subsidiary, and ancillary rights in and to the Life Story for use by Producer, and Producer’s successors and assigns, throughout the world and in perpetuity, including, without limitation, the following rights:
(1) the right to develop one or more scripts based on the Life Story;
(2) the right to make one or more motion pictures based on the Life Story, any part thereof, or any sequences or characters therein, including, without limitation, theatrical productions, television series, made-for-television movies, and more-for-home-video productions;
(3) the right to distribute, exhibit, and otherwise develop and make use of any such motion pictures or productions in any media and by any means now known or hereafter devised, including, without limitation, all forms of theatrical and non-theatrical distribution and exhibition (including, without limitation, free broadcast, pay television, cable, subscription, pay-per-view, video-on-demand, DVD, and Internet);
(4) the right to manufacture, distribute and otherwise develop and make use of all forms of videocassettes, DVDs, and similar devices of any such motion pictures or productions and to combine such motion pictures or productions with other programs on such videocassettes, DVDs, and similar devices;
(5) the right to make changes to the Life Story, to create fictional episodes, characters, and/or dialogue for dramatic purposes, and to use any portion or portions of the Life Story for any purpose of this Agreement;
(6) the right to edit and alter any motion pictures or productions based on the Life Story and to make foreign versions thereof;
(7) the right to publicize, advertise, or otherwise promote any such motion pictures or productions in any media, including, without limitation, the Internet and online social media such as Facebook and Twitter, and by any means now known or hereafter devised and, in connection therewith, to prepare and use synopses (not to exceed 10,000 words each) of the Life Story;
(8) the soundtrack recording, music publishing, legitimate stage, live television, radio broadcasting, and merchandising rights to the Life Story, to any such motion pictures or productions based thereon, and to any of the characters contained therein;
(9) the right to make remakes, prequels, sequels, and spinoffs to any such motion pictures or productions;
(10) the right to copyright any such motion pictures or productions, sound recordings, musical compositions, and all other copyrightable works based on or derived from the Life Story and to secure copyright and trademark protection for all works based on or derived from the Life Story; and
(11) the right to sublicense or authorize others to exercise any of the fore-going rights, subject to Producer’s obligations under this Agreement.
(b) Notwithstanding anything contained in this Section 4 to the contrary, it is Producer’s intention to portray You and the Life Story as factually as possible with the understanding that the Motion Picture is intended to be a narrative film and not a documentary. Producer has the right to deviate from the facts of the Life Story to enhance the dramatic value. You understand further that submitting the Life Story to Producer through the Site does not guarantee that Producer will review, accept, or use the Life Story or You in connection with the Motion Picture or any of the rights granted under this Agreement or that You will perform any services under this Agreement.
5. Intellectual Property Rights Granted.
You acknowledge that, except to the extent that the parties otherwise agree in writing, the written work of the Life Story submitted by You through the Site (the “Material”) will, to the extent permitted by law, be a “work made for hire” within the definition of Section 101 of the Copyright Act (17 U.S.C. § 101) and remain Producer’s sole and exclusive property.
To the extent that the Material is not deemed to be a work made for hire within the definition of the Copyright Act, You agree to assign and hereby assign to Producer all Your right, title, and interest in and to the Material with effect from the creation of the Material. You further agree to provide all assistance with establishing, preserving, and enforcing Producer’s rights in and to the Material that Producer reasonably requests.
You hereby waive and relinquish any rights or remedies at law, in equity, or otherwise, and further release Producer and Producer’s employees, agents, successors, licensees, and assigns from, and covenant not to sue Producer or any of the foregoing parties with respect to, any claim, cause of action, liability, or damages of any nature whatsoever, in any jurisdiction, arising out of or in connection with the exercise of any of the rights granted to Producer under this Agreement or any moral rights relating to the Material. Such claims and moral rights include, without limitation, defamation, libel, slander, false light, false advertising, intentional or negligent infliction of mental distress, invasion or appropriation of any right of privacy or publicity, and rights of identification of authorship, approval, restriction, or limitation on use and to subsequent modifications.
Your grant of all rights, licenses, privileges, waivers, and property granted for Producer’s use of the Life Story under this Agreement are in consideration of your participation in the Motion Picture as set forth in this Agreement. You acknowledge that that this provides adequate and significant consideration for your willingness to enter into this Agreement and understand that you will neither receive nor be entitled to guaranteed compensation including, without limitation, any flat fee or percentage of the Motion Picture’s budget.
If Producer uses the Life Story in connection with the Motion Picture, You will be entitled to receive an end-roll screen credit. Producer will determine the form and placement of such credit or credits, subject to good-faith negotiation within customary motion picture industry parameters. Inadvertent failure by Producer to comply with these credit provisions will not be deemed a breach of this Agreement.
10. Representations and Warranties.
You have the full right, power, and authority to enter into this Agreement, to grant the rights granted under this Agreement, and to perform Your obligations under this Agreement. You are the sole owner of the Materials, and You are not aware of any violation, infringement, or misappropriation of any third party’s rights by Your submission of the Materials through the Site.
(a) Entire Agreement.
This Agreement states the full agreement between the parties and supersedes all previous discussions, understandings, and agreements.
(b) Binding Effect.
This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
This Agreement may be amended only by a written document signed by both parties.
You may not assign your rights or delegate your obligations under this Agreement, and any such purported assignment or delegation is void. Producer may freely assign its rights and obligations hereunder.
(e) Further Assurances.
You agree to execute, acknowledge, and deliver to Producer and to procure the execution, acknowledgment, and delivery to Producer, of any additional document or instrument which Producer may reasonably require to effectuate fully and carry out the intent and purposes of this Agreement. If You fail to execute and deliver any such documents or other instruments within ten calendar days after such documents are delivered to You, Producer will to deemed to be, and You appoint Producer, Your true and lawful attorney-in-fact to execute and deliver all such documents and other instruments in Your name. You acknowledge that this power of attorney is coupled with an interest, in that Producer has an interest in the Life Story, and that as a result, in addition to any other consequences under law, this power is irrevocable and will survive Your death or incompetence.
All notices, requests, claims, demands, and other communications between the parties must be in writing. Notice may be given (1) by delivery in person (2) by a nationally recognized next day courier service, (3) by first class, registered, or certified mail, postage prepaid, (4) by facsimile, or (5) by electronic mail to the address specified in or submitted in connection with this Agreement or such other address as a party may specify in writing. All notices are effective upon receipt by the party to which notice is given or on the fifth day following mailing or transmission, whichever occurs first.
If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
Disputes under this Agreement will be settled at binding arbitration under the rules of the Independent Film and Television Alliance (“IFTA”) in Portland, Oregon. The award of the arbitrator will be binding upon the parties, and judgment may be entered in any court. The prevailing party will be entitled to reasonable attorney fees and costs.
You agree to indemnify Producer and its officers, employees, managers, members, agents, and assigns against all claims, liability, and expenses (including legal fees) arising from any third party claim or proceeding brought against any of them in connection with any representation or warranty of Yours hereunder to the extent such claim or damage does not arise out of a breach by Producer hereunder.
(j) Governing Law.
This Agreement will be governed by and construed in accordance with the laws of Oregon, without regard to its conflict of laws rules.
(1) Number and Gender.
Unless the context requires otherwise, words importing the singular number include the plural and vice versa; words importing gender include all genders.
The headings used in this Agreement and its division into articles, sections, exhibits, and other subdivisions do not affect its interpretation.
(3) Internal References.
References in this Agreement to articles, sections, exhibits, and other subdivisions are to those parts of this Agreement.
Unless specified otherwise, any reference in this Agreement to a statute includes the rules and policies made under such statute and any provision that amends, supplements, supersedes, or replaces such statute or such rules or policies.
(l) Acknowledgement of Contract Terms.
You acknowledge that you have read this Agreement, understand its terms, have had the opportunity to consult with independent legal counsel, and have signed this Agreement voluntarily by submitting the Materials to Producer through the Site.