FILMSTERS, LLC

107 Annapolis Street, Suite J

Annapolis, MD. 21401

 

APPEARANCE RELEASE

I hereby consent to the recording, use, and reuse by FILMSTERS, LLC and any of its licensees and assigns and each of their respective employees, agents, parents, subsidiaries, and related companies (collectively, “Producer”) in any and all media, whether now known or hereafter devised, worldwide, in perpetuity, of my voice, actions, likeness (actual or simulated), name, sobriquet, picture, photograph, silhouette, appearance, and other reproductions of my physical likeness (as the same may appear in any still camera photograph and/or motion picture film or tape) and biographical information (i.e., collectively “likeness”) in and in connection with the production and exhibition (on television, theatrically, or otherwise) of a program and/or series of television programs tentatively entitled, FILMSTERS Academy Films (the “Program”).  I agree that Producer may use all or any part of my likeness, and may alter or modify it, regardless of whether or not I am recognizable.  I further agree that Producer may use my likeness and/or name in connection with any marketing, promotion, publicity, advertisement, or merchandising for the Program and all other commercial and non-commercial purposes.  I release Producer (and its employees, officers, and directors) from liability arising out of its use of my likeness and/or name.  I agree not to make any claim against Producer (or its employees, officers, and directors) as a result of the recording or use of my likeness (including, without limitation, any claim that such use invades any right of privacy and/or publicity).

I and my representatives, heirs, successors, and assigns hereby absolutely, unconditionally and forever release and discharge Producer, Producer’s affiliates, licensees, successors, and assigns, and the employees, shareholders, directors, officers, agents, and representatives of each of the foregoing (collectively, “Released Parties”), from any and all claims, demands, controversies, causes of action, damages, rights, liabilities, and obligations whatsoever (including, without limitation, any defamation claim and/or claim that such use invades any right of privacy and/or publicity) (“Claims”), arising directly or indirectly out of or in connection with the Program and/or the use of my likeness.

I acknowledge and agree that by reason of my releases, discharges, and covenants not to sue contained herein, I expressly assume the risks of unknown and unanticipated claims concerning the matters so released and agree that such releases apply to such unknown and unanticipated claims.  In connection therewith, I expressly waive the benefits of Section 1542 of the California Civil Code, and similar statutes of other jurisdictions with respect to unknown and unanticipated claims, concerning the matters released herein, which section reads as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

I understand and acknowledge that my appearance on the Program does not fall under the jurisdiction of any SAG or AFTRA agreements (whether or not I may be a member of either such guild).  My appearance and participation in any aspect of the Program is not a performance, and I am not portraying any role or part or taking direction as a performer but am appearing as myself.  My appearance on the Program is as a non-performer only, and is not employment, and does not entitle me to wages, salary, or other compensation under any collective bargaining agreement or otherwise.

I understand that Producer is recording my likeness in reliance on this consent.  I acknowledge that Producer has no obligation to use my likeness.

This release shall be deemed to be entered into in Los Angeles County, California, and shall be governed by and interpreted in accordance with the laws of the State of California applicable to agreements entered into and carried out entirely within California.  I agree that any and all disputes or controversies arising under this release or any of its terms shall be resolved exclusively by binding arbitration before a single, neutral arbitrator, to be conducted under the auspices of the American Arbitration Association, under its Commercial Arbitration Rules, through its Los Angeles, California office; provided, however, that I agree that my remedies for any breach of this release by Producer or others will be limited to damages and in no event will I be entitled to rescind this agreement or to seek injunctive or any other equitable relief.

Any waiver of any term of this release in a particular instance shall not be a waiver of such term for the future.  I agree that the invalidity or enforceability of any part of this release shall in no way affect the validity or enforceability of any of the remainder of this release.  I understand that this Release is not intended to, and does not, negate, undermine or denigrate in any way any written representations or warranties, or releases that I may have previously or otherwise made to Producer, and this Release shall survive the termination or expiration of the agreement to which this Release is attached.

 

                                                           

MEDICAL WAIVER

In consideration for being allowed to participate in this Activity, I release from liability and waive my right to sue FILMSTERS LLC, their employees, officers, volunteers, and agents (collectively “Program”) from any and all claims, including claims of the Program’s negligence, resulting in any physical injury, illness (including death) or economic loss I may suffer or which may result from my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity.

I am voluntarily participating in this Activity. I understand that there may be some risks associated with my participation in this Activity, such as physical and/or psychological injury, pain, suffering, illness, or economic loss. These injuries or outcomes may arise from my own or others’ actions, inactions, or negligence, or the condition of the Activity location (s) or facility (ies). Nonetheless, I assume all risks of my participation in this Activity, whether known or unknown to me, including travel to and from the Activity (including air travel) or any events incidental to this Activity.

I agree to hold the Program harmless from any and all claims, loss, or damage to my personal property, liabilities, and costs, including attorney’s fees, as a result of my participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. If the Program incurs any of these types of expenses, I agree to reimburse the Program.

I have read this document, and I am signing it freely. I understand the legal consequences of signing this document, including (a) releasing the Program from all liability, (b) waiving my right to sue the District, (c) and assuming all risks of participating in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity.

If for some reason, I need medical treatment as a result of my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware that the Program does not provide health insurance for me and that I should carry my own health insurance.

Your primary concern will be following the camp curriculum as well as the running, operation, teaching, and careful supervision of the kids in the program. You will be assisting and coaching the students as they learn to, pitch ideas, write, plan, shoot, light, direct, produce, edit, and act in their films. Pitch approval, preliminary script approval, and location scouting will all be pre-approved by you before presenting to senior staff and founders. You will report class progress and any behavioral, technical, medical, or facility problems immediately to senior staff. You will assist and supervise interns who are helping throughout the program with other duties as assigned and will at all times show respect to industry guest instructors and other special guests.

 

 JOB DUTIES – 

I, the undersigned do hereby acknowledge and understand that as a part-time seasonal independent contractor of FILMSTERS, LLC and I will agree to do the following:

 

 1. Understand that as a contractual person earning a teaching honorarium, who may or may not make more than $600 while in the employ of FILMSTERS, LLC, I will be solely responsible for reporting and paying any and all federal, state, and local taxes applicable to me and for any honorarium that I have earned during my work at FILMSTERS ACADEMY. FILMSTERS shall not be responsible for federal, state, and local taxes derived from the Contractor's net income or for the withholding and/or payment of any federal, state, and local income and other payroll taxes, workers' compensation, disability benefits, or other legal requirements applicable to the Contractor.

 

2. I also acknowledge that I am a legal citizen of the United States of America and have never been charged OR been convicted of any misdemeanor or felony crimes, especially those involving children. If I have not already done, so I agree to a full FBI background check and fingerprinting as required by Maryland State law.

 

3. It is agreed that any disputes will be handled through binding arbitration.

 

4. The Contractor agrees to adhere to all COVID-19 protocols (only if required by camp and/or Key School) and policies for the safety of everyone in the program. This includes but is not limited to indoor masking and filling out a COVID health questionnaire one hour prior to arrival daily. The contractor shall immediately notify FILMSTERS of any change(s) to the Contractor’s health or schedule that could adversely affect the availability of the Contractor, whether known or unknown at the time of this Agreement, no later than 24 hours prior to such change(s). If the Contractor becomes aware of such change(s) within the 24-hour period, the Contractor shall promptly notify FILMSTERS of such change(s) within a reasonable amount of time so as not to disrupt the schedule. You are being asked not to report to the program if you feel unwell.

 

5. The work performed by the Contractor shall be performed for a teaching honorarium. FILMSTERS shall remit payment to the Contractor within 30 days or earlier this fee for services rendered satisfactorily. If the Contractor is asked to leave during the program for any reason, the fee will be prorated or may be waived if any violation of policy or damage to property occurs.

 

6. I further agree to abide by the rules and regulations, policies, and procedures outlined by the founders of FILMSTERS ACADEMY at all times.

 

This includes but is not limited to:

 

-        Professionalism and respect for others at all times. You are a role model for the kids and parents are always nearby.

-        Absolutely, no foul language, equal and fair treatment of each child, and no abusive or insubordinate behavior towards, children, staff, facility personnel, or parents/guardians.

-        I acknowledge that I have current health and auto insurance and further understand that if I drive a child or staff in my vehicle for any reason (even while filming) that I will be solely responsible in the event of an accident. If you are asked to drive a vehicle rented by FILMSTERS you understand that your insurance is primary and FILMSTERS hired auto insurance coverage is secondary.

-        I agree to never touch a child inappropriately except in cases where their safety is at risk and you may need to move them quickly out of harm’s way.

-        I agree to never, ever be alone with a child at any time, for any reason during camp, and understand that this is for my own protection. I will also remind others of this policy as needed.

-        I understand that we are all working together to create a non-competitive environment for the purpose of offering a unique, creative, fun, and successful experience for everyone.

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-         I will submit my staff bio, photo, and shirt size or forego a listing in the print program if not submitted by July 10, 2024.

 

I have read and understand the above and I am in agreement with these requirements.