TERMS AND CONDITIONS OF the fiscal sponsorship Program
By submitting your FSP Application, you acknowledge, understand and agree to our Submissions Terms and Conditions. Please check the box below to indicate your acceptance.
- Pursuant to this Submission Agreement ("Agreement"), I am submitting creative production and media-related materials to you (collectively referred to as "Project") in accordance with the terms and conditions of your SIE Foundation Fiscal Sponsorship Program (“FSP”). I warrant that I am either the owner of all rights to the Project and/or am the duly authorized agent of the owner of the rights to the Project, and that I have full power and authority to submit the Project to you on the terms and conditions hereof, each and all of which shall be binding not only on me but on any and all persons and entities for whom I am acting.
- I agree and acknowledge that no contract or obligation of any kind, other than those arising pursuant to the express terms of the Agreement, is assumed by you or may be implied against you by reason of your review of the Project and/or any discussions or negotiations we may have. Specifically, it is understood that my submission of the Project pursuant to this Agreement, your review of the material relating to it does not constitute or create an implied-in-fact or implied-in-law contract, even if there exists an industry custom or practice to the contrary. I acknowledge and accept that you have the absolute right, in your sole discretion, to reject my Application for any reason, including but not limited to Project material that does not conform to your content standards as well as on any legal or other concerns that you may have relating to my Submission.
- I will indemnify you from and against any and all third party claims, expenses, losses, or liabilities (including but not limited to reasonable attorneys' fees and punitive damages) that may be asserted against you or incurred by you at any time in connection with the Project, or any use thereof, including but not limited to those arising from any breach of any promise or warranty given by me herein or otherwise.
- This Agreement shall be in all respects be governed by and interpreted pursuant to the laws of California, excluding choice of law rules.
- Any and all disputes concerning or related in any way to the Project, or any part thereof or idea therein, including without limitation, any disputes concerning the submission of this Project, or any disputes arising out of or relating to this Agreement, shall be submitted to arbitration. Each of us hereby waives any and all rights to litigate any such dispute in court, it being the intention of the parties to resolve all such disputes through arbitration pursuant to this Paragraph. Either of us may commence arbitration proceedings by giving the other party written notice thereof by registered mail or personal service and proceeding thereafter in accordance with the rules and procedures of the American Arbitration Association. The arbitration shall be conducted in the County of Los Angeles, California, and shall be governed by and subject to federal or California substantive law and law of remedies, whichever is applicable, and the then prevailing rules of American Arbitration Association. The arbitrator’s remedial authority shall be no greater than that which is available under the statutory or common law theory asserted. The arbitrators' decision (or award if there is one) shall set forth in writing the legal and factual basis therefore and be final and binding and a judgment upon the award may be enforced by any court of competent jurisdiction. Any award favorable to me shall be limited to monetary damages only (specifically excluding equitable relief of any kind, attorney’s fees and punitive damages) and such monetary relief shall be within a reasonable range and shall not exceed the fair market value of the Project as of the date of this Agreement.
- For the avoidance of doubt, this Paragraph is not intended to limit either party’s rights or remedies in connection with the breach or enforcement of any other agreement between the parties concerning the Project which will be determined solely based upon the provisions of that agreement.
- Should any provision or part of any provision herein be void or unenforceable, such provisions or part thereof shall be deemed omitted, and this Agreement with such provision or part thereof omitted shall remain in full force and effect. This Agreement shall at all times be construed so as to carry out the purposes hereof.
- I hereby state that I have read and understand this Agreement and that no oral representations of any kind have been made to me, nor am I relying on any representation other than what is contained herein, and that this Agreement states our entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this Agreement must be in writing and signed by both of us.