RELEASE FORM
This Participation Agreement and Release (the “Agreement”) is entered into between The 5000 Days Project (the “Company”); the “Parent(s)”; and the “Student” (collectively referred to as the “Parties”).
1. The 5000 Days Film Project
An invitation has been extended by the company for the student to audition for The 5000 Days Film Project(the “Film Project”). With mutual consent, the Film Project may involve inclusion of the participants’ footage in edited form in a larger publicly available film presentation about child development.
2. Collecting, Using and Accessing Personal Information
The Company will collect, use, store and disclose the personal information of the Student (the “Personal Information”) in accordance with the Privacy Act of 1988. The Student and the Parent hereby consent to the collection, use, storage and disclosure of Personal Information in accordance with this Agreement. The Parties agree that, unless otherwise permitted under this Agreement or required by law, only designated representatives of the Company are authorized to view the Footage. The Company will not disclose the Personal Information, or any information contained in the Footage, to any person (including the Parent(s)) unless: a. The health or safety of the Student is at risk; b. The health or safety of others is at risk; c. There is a threat or has been a commission of a criminal act; d. The Student and Parents mutually determine that the Student's story may be made public; or e. Disclosure is otherwise required by law.
3. Payment
The Cost of Participation in the Film Project is AU$1000 per year and includes a one-on-one personal interview, plus full review and, if the school allows, the collection of B Roll (limited raw footage of the student’s activities). An additional AU$250 per year down payment toward an eventual edited film on your child is optional.
4. Consent and Revocation
The Parent(s) and the Student consent to the Student’s participation in the Film Project, as described above. Because the collected Footage documents the StoryQ Method and is the proprietary intellectual property of the Company, the Company owns the Footage. The Student owns the story, so publishing rights to the Footage shall pass to the Student upon reaching the age of majority, at which time the Company, the Student, and the Parent(s) shall reach an agreement about the form that the published Footage shall take, if any. Typically, the Footage is published in the form of a 7-15 minute short film prepared for either private or public use at the Student's discretion. (This agreement in no way obligates the Company to release of uncut Footage. In the event that the Parent(s) or Student request access to uncut Footage at the conclusion of the Film Project, a separate agreement for release of the Footage shall be negotiated.) The Parent(s) and/or the Student may revoke consent to the Student’s continued participation in the Film Project by providing written notice of this decision to the Company. If the Parent(s) and/or Student revoke consent, that revocation is not retroactive; however, the Student’s participation in the Film Project will end at the time of the revocation. Ownership of the Footage and publishing rights shall remain unaffected by revocation.
5. Release and Waiver
In exchange for the Student’s ability to participate in the Film Project, the Parents hereby: WAIVE AND RELEASE the participating school, the Company, its members, officers, directors and shareholders any claims the Parents may have, of any kind or nature, arising out of the Student’s participation in the Film Project or arising out of that handling, maintenance, disclosure, or use of the footage in which the Student appears. The Parents acknowledge that the obligation to maintain the footage in a secure and confidential manner is subject to applicable provincial and/or federal law(s). The Parties acknowledge that the Company does not assume the responsibility of reviewing the Footage in its entirety, or at all, for the purpose of identifying existing or potential safety risks. The Parents understand that this Release and Waiver is intended to be as broad and inclusive as is permitted by the laws of Australia and that if any portion of it is held to be invalid, they agree that the remaining terms shall continue to be in full legal force and effect.
6. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the Student’s participation in the Film Project and cancels and supersedes any previous oral or written communications, representations, understandings or agreements between the Parties with respect to the same.
7. Enforcement
In the event of an action arising out of this Agreement, the exclusive jurisdiction and venue of such an action shall be a court of appropriate jurisdiction located in Seattle, Washington, USA.