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.

 

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Copyright (c) 2007 DreamVisionFilm.com a website operated by Vortexual Dreams Production, Inc. All rights reserved.
Revised:
04/15/08