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
Your child/teen is hereby invited to audition for The 5000 Days Personal Story Mentoring Film Project, which is composed of a select number of youth from twelve countries. Given that the Project is funded by both the Company and the Parents, we want to make sure that it is a fit for all parties via the audition process. We are looking for kids/teens who are honest, open, and willing to consider potentially helping other young people by sharing their story.
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 British Columbia Personal Information Protection Act (the “PIPA”). 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
For official participants beginning September 2019 and after, the Cost of Participation in the Film Project is CA$1000 per year and includes a one-on-one personal interview with the Student, plus full review and the collection of a very limited amount of B Roll (raw footage of the Student’s activities). Parent(s) are also encouraged to film their own B Roll and place it in the Student's designated Cloud repository. An additional nonrefundable CA$250 per year down payment toward an eventual edited film on the Student 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 Parent(s) hereby: WAIVE AND RELEASE the Company, its members, officers, directors and shareholders any claims the Parent(s) 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 Parent(s) 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 Parent(s) understand that this Release and Waiver is intended to be as broad and inclusive as is permitted by the laws of the Province of British Columbia 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 Vancouver, British Columbia.