Birthright Israel NEXT’s Call for Submissions Waiver and Permission Agreement

D. LICENSE & WAIVER AND RELEASE AGREEMENT WITH BIRTHRIGHT ISRAEL NEXT, INC.   By submitting your Film for the opportunity to have it selected for inclusion in the Birthright Israel NEXT LA Film Showcase Series (the “Film Showcase”) you are hereby consenting to the terms and conditions contained in this License & Waiver and Release Agreement (the “Agreement”).  

The Film Showcase, administered by Birthright Israel NEXT, Inc. (“NEXT”), a non-profit organization incorporated under the laws of the State of New York, is being run in order to highlight talented filmmakers within NEXT’s LA community.  The Film Showcase shall consist of several film screenings, each of which will feature selected films.  NEXT shall accept Film submissions and shall, at its sole discretion, select Films to screen in the Film Showcase.  NEXT shall notify all filmmakers whose Films are ultimately selected for inclusion in the Film Showcase.  

In the event that your Film is selected for inclusion in the Film Showcase, you hereby grant NEXT and its successors and assigns, a limited, non-exclusive, worldwide, fully paid-up, royalty-free, irrevocable, perpetual license to use, copy, reproduce, publish, retain, translate, excerpt, publicly perform or display, transmit, modify, adapt, create derivatives of, edit, and distribute the Film, in any form or media whatsoever whether now known or hereinafter created, but only in a non-commercial manner, including but not limited to screening the Film in the Film Showcase and for other marketing, advertising, and promotional purposes related to the Film Showcase or NEXT itself.  NEXT shall have the right to use and to authorize others to use your name, likeness, and biographical material, without compensation, for purposes of promoting the Film, the Film Showcase, or NEXT, or for identifying you as one of the filmmakers whose Film was chosen for inclusion in the Film Showcase.  NEXT shall always endeavor to indentify you in connection with your Film and shall do so where reasonably possible, however NEXT shall not be held responsible in the event of its inadvertent failure to do so.  

In the event that your Film is not chosen for inclusion in the Film Showcase, you shall retain any and all proprietary, moral, and intellectual property rights, title, and interest you currently possess in the Film and NEXT shall not acquire any such right, title, or interest in the Film.  

By submitting your Film for possible inclusion in the Film Showcase you represent and warrant that: i) the Film is a new and original work; ii) you are the sole creator of the Film and the sole owner of all rights in and to the Film; iii) the Film contains no violation of any existing copyright or other third party right; iv) in the event that your Film is selected for inclusion in the Film Showcase, you have the right and power to grant all licenses and rights in the manner contained herein; and v) in the event that your Film is selected for inclusion in the Film Showcase, your license of the Film in the manner contained herein does not infringe the rights of others.  You hereby indemnify and hold harmless NEXT and its affiliates, directors, members, officers, employees, and agents from and against any and all losses, claims, causes of action, damages, and liabilities of whatsoever kind and nature, including judgments, interest, attorney’s fees, and for all other costs, fees, expenses, and charges incurred by or asserted against NEXT by any third party in connection with the Film or on account of a breach or alleged breach of the foregoing warranties.  

You acknowledge and understand that the decision to submit the Film for possible inclusion in the Film Showcase is your own and that NEXT shall, at no time, be under any obligation to provide you with any compensation or other reward solely because of your participation or the ultimate selection and inclusion of your Film in the Film Showcase.  NEXT shall select the Films to be included in the Film Showcase at its own discretion and shall, at no time, be under any obligation to provide any explanation regarding its selection.  NEXT reserves the right to disqualify your Film from consideration for failure to follow any of the Film Showcase rules and terms, if NEXT reasonably believes that the Film is not your original work, or if NEXT, at its sole discretion, considers the Film derogatory, defamatory, or otherwise inappropriate.  Your submission of the Film and NEXT’s possible selection of the Film for inclusion in the Film Showcase does not grant you any rights in and to the Film Showcase, any other films screened in the Film Showcase, or any materials created in connection with the Film Showcase for advertising, marketing, or promotional purposes, whether or not these materials include your Film in any form or manner.  NEXT shall, at all times, retain all proprietary and intellectual property rights, title, and interest to, and full ownership rights in, any and all materials created in connection with your grant of license under this Agreement.  

This Agreement shall be governed by and construed in accordance with United States Copyright Law and the laws of the State and County of New York, without regard to the conflict of law principles thereof.  You agree to submit all disputes regarding this Agreement to an arbitration proceeding conducted by the American Arbitration Association in New York City.  The decision of the arbitrator(s) shall be binding upon the parties with the same force and effect as if a non-appealable judgment had been entered by a court of competent jurisdiction.  Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.  All costs and expenses of any arbitration proceeding brought under this clause shall be borne by the losing party.  

You, the undersigned, have read and understand the provisions of this Agreement and agree to each and every provision hereof.  

IN WITNESS WHEREOF, you agree to all the foregoing of your own free will.

* ___ Please check here to confirm that you have read and agree to this agreement.

Upon completion of this survey, please mail a DVD of your film to:

Attn: Birthright Israel NEXT 5405 Wilshire Blvd. Los Angeles, CA 90036

Your film will be reviewed by a committee of filmmakers, Birthright Israel NEXT employees, and other community members. Please note we are not able to return your DVD to you.

Good luck!