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DreamVisionFilm.com
or DreamVisionWorks.com
– Terms of Agreement &
Release
In
consideration of the participation by the undersigned (the "Participant")
in the “DreamVisionFilm.com
or DreamVisionWorks.com”
and Vortexual Dreams Production, Inc. website offered by “DreamVisionFilm.com
or DreamVisionWorks.com”
and Vortexual Dreams Production, Inc., its agents, assigns, partners and
affiliates (the "Event"), the Participant acknowledges and agrees as
follows:
Participant acknowledges that the Event and the activities of Participant
in connection with the Event will be edited, recorded, hosted, and final
display will by “DreamVisionFilm.com
or DreamVisionWorks.com”
and Vortexual Dreams Production, Inc. and its agents and employees.
Participation in the
DreamVisionFilm.com
or DreamVisionWorks.com website
constitutes Participant's express consent thereto. In consideration for
participation, Participant further acknowledges and agrees that “DreamVisionFilm.com
or DreamVisionWorks.com”
and Vortexual Dreams Production, Inc. may use Participant's name,
portraits, photographs, videos, music files statements and any and all
other likeness obtained in connection with the website, in any form, format
and media, for any purpose in the promotion of “DreamVisionFilm.com
or DreamVisionWorks.com”
and Vortexual Dreams Production, Inc. or its assigns and its products and
services. “DreamVisionFilm.com or DreamVisionWorks.com” and Vortexual
Dreams Production, Inc. will have shared ownership and right to assign all
copyrights and other intellectual property rights associated with all
portraits, photographs, all video and audio recordings, and all statements
that are transcribed by “DreamVisionFilm.com or DreamVisionWorks.com” and
Vortexual Dreams Production, Inc., containing the voice, statements and/or
likeness of Participant. Participant shall have no claim or action against
“DreamVisionFilm.com or DreamVisionWorks.com” and Vortexual Dreams
Production, Inc., its agents or representatives in connection with such
use.
Participant understands and agrees that all representatives of the modeling
and talent agencies and other modeling and entertainment professionals that
may be viewing the DreamVisionFilm.com or DreamVisionWorks.com website are
looking for talent in which they may have an interest, but that offers of
employment are to occur with the involvement of “DreamVisionFilm.com or
DreamVisionWorks.com” and Vortexual Dreams Production, Inc. Participant
further understands that “DreamVisionFilm.com or DreamVisionWorks.com” and
Vortexual Dreams Production, Inc. strongly recommend that no Participant
deal directly with any outside representatives without utilizing the
services of “DreamVisionFilm.com or DreamVisionWorks.com” and Vortexual
Dreams Production, Inc. Participant expressly agrees and represents that
Participant is not acting in concert with, in agreement with or in
connection with any member of the outside media. In consideration of the
intellectual property rights of “DreamVisionFilm.com or
DreamVisionWorks.com” and Vortexual Dreams Production, Inc., as well as the
privacy of others, “DreamVisionFilm.com or DreamVisionWorks.com” and
Vortexual Dreams Production, Inc. retains the right to confiscate any
unauthorized videotape or audiotape of any of the events or workshops
provided. Participant agrees that Participant shall not make any
derogatory, disparaging or negative comments or statements about
“DreamVisionFilm.com or DreamVisionWorks.com” and Vortexual Dreams
Production, Inc. or other affiliated partners. In the event Participant
violates this provision and makes such statements, “DreamVisionFilm.com or
DreamVisionWorks.com” and Vortexual Dreams Production, Inc. shall have the
right to obtain injunctive relief prohibiting Participant from making any
further such statements.
This
Agreement shall be construed under the laws of the State of Florida. Any
suit or action brought to enforce any of the terms and conditions of this
Agreement shall be brought solely in Marion County, Florida under
arbitration and mediation.
Participant expressly assumes all risks associated with the participation
within the DreamVisionFilm.com or DreamVisionWorks.com website, and any
activities undertaken by Participant, including, without limitation, injury
or illness and damage to or loss of personal property. Participant
expressly waives, releases and shall forever hold harmless
“DreamVisionFilm.com or DreamVisionWorks.com” and Vortexual Dreams
Production, Inc., its licensees and agents, and their personnel from and
against any and all claims, suits, demands, losses, damages, and all other
expenses or liabilities attributable to or arising out of the
DreamVisionFilm.com or DreamVisionWorks.com website participation.
Participant expressly agrees to indemnify “DreamVisionFilm.com or
DreamVisionWorks.com” and Vortexual Dreams Production, Inc. for any and
against all claims, suits, demands, losses, damages, and all other expenses
or liabilities attributed to or arising out the Event.
In the
event that any term or provision of this Agreement is held by a court or
tribunal of competent jurisdiction to be unenforceable, then the remaining
provisions of this Agreement shall remain in full force and effect.
If
Participant is a minor or is married, the legal guardian or spouse also
agrees to all terms of the foregoing Agreement and Release. If the Spouse
of a married Participant is not present to sign this Agreement, then the
Participant -spouse agrees to indemnify and hold harmless
“DreamVisionFilm.com or DreamVisionWorks.com” and Vortexual Dreams
Production, Inc. for any and all causes of action, which may arise or
accrue to said spouse.
Submissions may
not contain nudity, excessive profanity, extensive use of obscene
language or gestures or any depiction of real or simulated sexual acts,
extensive violence or any
actual
illegal acts or written descriptions thereof. Submissions should not
contain references to actual
people
and events, other than references to your personal history in the Intro
Video. Submissions may
not
contain any derogatory references to
DreamVisionFilm.com
and DreamVisionWorks.com,
or any affiliated entity or person thereof
or any
announced promotional partners.
IN ORDER
TO MINIMIZE THE EXPENSE AND DIFFICULTY OF RESOLUTION OF DISPUTES RELATED TO
THIS CONTRACT, INFORMAL MEDIATION AND BINDING ARBITRATION ARE THE ONLY
PROCEDURES WHICH WILL BE USED TO RESOLVE DISPUTES BETWEEN THE PARTIES,
UNLESS THE PARTY AGAINST WHO THE CLAIM IS MADE SHALL DETERMINE THAT IT HAS
AN INSURANCE CONTRACT CONTAINING A CLAUSE GRANTING THE INSURER THE RIGHT TO
CONTROL THE SETTLEMENT AND LITIGATION PROCESS, WHICH CONTRACT COVERS THE
CLAIM, IN WHICH CASE THAT PARTY’S INSURER WILL HAVE SOLE DISCRETION TO
DETERMINE WHETHER THIS PARAGRAPH SHALL APPLY TO SUCH DISPUTE. SHOULD ANY
DISPUTE CONCERNING ANY ASPECT OF THIS CONTRACT ARISE BETWEEN THE PARTIES
SUCH DISPUTES SHALL BE SETTLED FIRST BY CONDUCTING MEDIATION, THEN BY
REFERRAL TO ARBITRATION AS HEREAFTER PROVIDED. EITHER PARTY SHALL GIVE
NOTICE TO THE OTHER AND TO “DreamVisionFilm.com or DreamVisionWorks.com”
AND VORTEXUAL DREAMS PRODUCTION, INC. OF THE EXISTENCE OF A DISPUTE, AND A
DESIRE TO COMMENCE DISPUTE RESOLUTION PROCEEDINGS. BOTH PARTIES WILL
CONTINUE TO DISCUSS THE DISPUTE, EVEN THOUGH A PARTY HAS GIVEN NOTICE TO
THE OTHER OF INTENTION TO MEDIATE AND ARBITRATE. MEDIATION, THEN
ARBITRATION OF ANY MATTERS UNRESOLVED BY MEDIATION, WILL PROCEED IN
ACCORDANCE WITH THE PROVISION OF CHAPTER 44.301, FLA. STATS., ET SEQ., AND
IN ACCORDANCE WITH RULE 1.700, ET SEQ. AND IN ACCORDANCE WITH DMI'S RULES,
ALL OF WHICH ARE MADE A PART OF THIS CONTRACT; AND WE AGREE TO BINDING
ARBITRATION OF FUTURE DISPUTES, PER THE FLORIDA ARBITRATION STATUTES EVEN
THOUGH THERE IS NO PENDING CIVIL DISPUTE AT THIS TIME. IN THE EVENT OF ANY
CONFLICT BETWEEN “DreamVisionFilm.com or DreamVisionWorks.com” AND
VORTEXUAL DREAMS PRODUCTION, INC. RULES AND APPLICABLE STATUTES AND RULES
OF CIVIL PROCEDURE, “DreamVisionFilm.com or DreamVisionWorks.com” AND
VORTEXUAL DREAMS PRODUCTION, INC. RULES WILL GOVERN, UNLESS TO DO SO WILL
INVALIDATE THE AGREEMENT TO MEDIATE AND ARBITRATE, IN WHICH CASE, LOCAL
STATUTES AND RULES WILL APPLY. “DreamVisionFilm.com or DreamVisionWorks.com”
AND VORTEXUAL DREAMS PRODUCTION, INC. WILL PROVIDE A MEDIATOR, AND IF
REQUIRED, AN ARBITRATOR, WHO IS A LAWYER ADMITTED TO PRACTICE IN THE COURTS
IN THE STATE OF FLORIDA. AGREEMENTS REACHED BY THE PARTIES THROUGH
MEDIATION SHALL BE IN WRITING, SIGNED BYTHE PARTIES, AND SHALL BE BINDING
UPON THE PARTIES. ANY AWARD BY AN ARBITRATOR WILL BE IN WRITING, SIGNED BY
THE ARBITRATOR, AND WILL BE BINDING UPON THE PARTIES. BY SIGNING THIS
AGREEMENT, ALL PARTIES ARE GIVING UP ALL RIGHTS TO HAVE THEIR DISPUTES
TRIED BY A JUDGE OR A JURY IN FEDERAL OR STATE COURTS. MEDIATION AND
ARBITRATION WILL BE THE ONLY PROCESSES USED TO RESOLVE DISPUTES BETWEEN THE
PARTIES. YOU SHOULD CONSULT A LAWYER BEFORE AGREEING TO GIVE UP THESE
RIGHTS.
Participant acknowledges that DreamVisionFilm.com or DreamVisionWorks.com
is owned and operated by
Vortexual Dreams Production, Inc.
Please Note: The
terms of this agreement may be subject to modification without prior
notice. |