MFAN Call for Entries
Terms & Conditions
AGREEMENT FOR USAGE AND CLEARANCE
This Agreement is made between Storytelling for Change ( “Producer”) and the parent/guardian of the artist; creator of the submitted artwork (“Owner”) as of May 2021 with respect to the usage and clearance of the artwork submitted via the provided http:// link (the “Property”) in a the production entitled “Your Car Can Go Far” (the “Production”) and assoicated content produced by Producer for the Military Family Advisory Network (collectively, “Client”).
Owner hereby irrevocably grants to Producer/Client and their successors, assigns, licensees, owners, officers, directors, partners, employees, agents, representatives, independent contractors, divisions, subsidiaries, affiliates, joint-venturers, parent corporation(s), successor corporation(s) and/or suppliers the right to photograph and use the Property, including, without limitation, all images of people or things, names, logos and other material embodied in the Property in the Production and to exploit the Production in any manner and by any method now known or hereafter developed throughout the world. Producer/Client shall also have the right to alter, edit, or otherwise modify the Property for use in the Production but Producer/Client shall not conduct any such alterations, editing or modification in any manner that is demeaning, slanderous, or offensive.
RIGHTS: All rights of every kind and nature whatsoever in and to all still and/or motion picture photography made hereunder in connection with use of the Property by Producer/Client shall be and remain the sole and exclusive property of Producer/Client, including, without limitation, the perpetual and irrevocable right and license to use said still and/or motion picture photography in connection with the Production, and in connection with advertising, publicizing, exhibiting and exploiting the Production in any manner whatsoever and at any time in any part of the universe. Neither Owner nor any other party now or hereafter claiming an interest in the Property and/or interest through Owner shall have any right of action against Producer/Client or any other party arising from or based upon any use or exploitation of said still and/or motion picture photography of the Property in the Production.
USAGE AND DAMAGES: Producer/Client is not obligated actually to use the Property or to include any of said still and/or motion picture photography of the Property in any manner. Owner may not terminate or rescind the permission granted to Producer/Client hereunder to use and photograph the Property. In the event of any claim by Owner against Producer/Client, whether or not material, Owner shall be limited to Owner’s remedy at law for damages, if any, and Owner may not enjoin, restrain or interfere with use of the Property as provided in this Agreement or with the advertising, publicizing, exhibiting or exploitation of said still and/or motion picture photography or any of Producer/Client’s rights hereunder.
OWNER’S WARRANTIES: Owner represents, warrants and agrees that: (a) Owner has the full right, power and authority to grant Producer/Client the rights granted to Producer/Client hereunder and Owner has obtained any and all clearances and/or licenses necessary for Producer/Client to use the Property and any images of people or things, names and logos and/or other material embodied in the Property; (b) Owner will take no action nor allow or permit or authorize any third party to take any action which might interfere with Producer/Client’s full use and clearance of the Property in accordance with the terms hereof. Owner agrees to indemnify and hold Producer/Client harmless from and against any and all claims, demands, liabilities and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising from, in connection with or in any way related to any breach of any of Owner’s representations, warranties or agreements set forth herein.