!

!
Thank&You&
For&downloading&the&&
Castrol&EDGE,&Sydney&Brief&&&Filmmaker&Pack&
&
Along&with&the&brief,&you&will&find&the&following&forms:&
!
!
!

Filmmaker)Agreement)Form)
Talent)Release)Form)
Music)Release)Form)

&

)
Please)make)sure)that)you)complete)these)forms)and)submit)them,)via)your)MOFILM)
profile,)as)soon)as)you)have)uploaded)your)entry)and)it)has)successfully)encoded.)
Please)note)you)need)to)upload)your)film)first)so)that)you)can)get)the)MOVIE)ID)
number)to)include)in)the)filmmaker)agreement.)

We)hope)that)you)enjoy)making)your)entry.)If)you)have)any)questions,)would)like)any)
advice)or)feedback)on)your)concept,)then)please)just)ask!)You)can)also)get)feedback)on)
your)entry)before)the)contest)closes)so)you)can)make)changes.)All)you)need)to)do)is)
upload)it)before)the)deadline)and)then)ask.)You)can)get)our)attention)by)emailing)us)at)
support@mofilm.com,)on)twitter,)@MOFILMUGC)or)on)Facebook,)
www.Facebook.com/MOFILM.)
)
Well)respond)in)enough)time)so)you)can)make)edits.))
)
Good)Luck!)
)
)
MOFILM&
)

Castrol Edge Filmmaker Brief: When The Time Comes

Background
Castrol EDGE is Castrols flagship brand. Its the strongest and most premium
oil and drives the pioneering spirit of the brand by pushing boundaries. The
thrill and excitement of creating and redefining what is possible drives
everything Castrol EDGE does.
In 2011, Castrol launched Castrol EDGE with TITANIUM FST a unique
technology that doubles Castrol EDGE film strength, preventing oil film
breakdown and reducing friction to maximize engine performance.
The global roll out was accompanied by the campaign: when the time comes,
be TITANIUM STRONG.
Insight
He has a very nice car and he takes very good care of it, which means
feeding its engine with the best oil. With Castrol EDGE he knows he can push
his car how he wants when he wants. Most of the time, he is very happy to
drive pretty sensibly but the moments in which he is in sync with his car, are
the most thrilling parts of the drive. For example when he speeds or does a
cool maneuver, when he is going on an adventure exploring new roads or just
when he is enjoying the drive, savoring a more laid-back experience, music
on, foot-down, maybe roof-down, taking it all in.
Why? Because he knows that when he needs to step and push it to the limit
he can.
This is the man who uses Castrol EDGE in his car
This is the man who is ready
When the time comes, he is titanium strong
What we want?
There are certain moments, in life and in a car, when you need to step up and
be strong.
Tell a story about a man who is ready when the moment comes.
The focus needs to be on rich storytelling, the brand is not looking for clichd
car commercials.
Your film should focus on an amazing moment of performance when you step
up, take control and push the boundaries. You are free to take a literal driving

approach or a more metaphorical approach think for example man and

horse, player and ball, surfer and board when they are in sync, magical
things can happen.
If you choose to execute a driving example you can make it about speed and
racing but you don't have to. Think about those small yet special moments in
a car when you accelerate out of traffic or maneuver a tricky bend. At that
moment, thanks to Castrol EDGE you have the strength that you need.
Tone: edgy, premium, understated. NOT extreme as this can be alienating
not all of the consumers are boy racers who push their cars ALL the time.
Executional Mandatories:
YOU MUST READ THE DRIVING SAFETY GUIDELINES (BELOW)
Your film must mention TITANIUM as part of the EDGE strength proof
point.
If you have chosen to shoot with a car, preferably do not show
branding. If you do want to show a brand then it must be an Audi, VW,
Lamborghini, Seat, Jaguar or Land Rover.
End Tag should direct consumers to Castrol.com
Castrol have the rights to use the 30 David Guetta Titanium song as
well as an instrumental version which you are free to use if you would
like. Please check the asset pack for this clip.
It needs to be compliant with our Health and safety policies: driver
wearing seat belt- do not perform illegal maneuvers, do not show driver
talking on the phone while driving, etc.
Target Audience:
Men aged 25-44 who are prepared to pay more for quality products and
services that give them better performances.
Primarily EXPERIENCERS: They are spontaneous, adventurous
and self-confident guys who love the sensory experience of driving and
all that it evokes: freedom, control, agility, special skill and mastery.
They love the thrill of the drive and to be in sync with their car.
But don't alienate the ACHIEVERS: success oriented guys who view
their cars as an expression of their status and achievement. Naturally
competitive they have respect for those who have the strength, drive
and determination to give 100% in their pursuits.
What unites both of these groups is their love of driving and the
joy/thrill they get from amazing moments of performance when they are
in sync with their cars.
Length: 60-90s with ability to cut down to 30s.
Audience: global although biggest markets are US, Europe, China, Russia
and Australia.
Use: online and maybe TV

Safety'in'Advertising'Guidelines'
'
Safe'Driving'Practices'
!
It!is!important!to!show!that!drivers!in!Castrol!ads!are!driving!safely!
and!responsibly!and!that!others!depicted!also!act!responsibly.!Safe!driving!
practices!apply!to!moving!vehicles,!including!the!proper!positioning!and!
restraint!of!all!occupants,!as!well!as!stationary!vehicles.!
!
It#is#particularly#important#not#to#show#the#vehicle#doing#something#
that#the#owners#manual#specifically#instructs#or#cautions#against.#
!
!Always!keep!the!vehicle!under!control!
!Operate!the!vehicle!at!a!reasonable!speed!for!the!conditions!
!If!a!vehicle!was!not!designed!for!off@road!use,!it!should!not!be!shown!
off@road.!
!It!is!possible!to!aggressively!depict!the!performance!characteristics!of!a!vehicle!
in!an!environment!that!is!clearly!not!a!public!road!open!for!
general!use.!For!example,!it!may!be!appropriate!to!depict!a!vehicle!
either!(1)!on!a!test!track!or!a!closed!course,!or!(2)!on!a!dry!lake!bed!or!
other!setting!that!is!clearly!not!a!public!roadway.!The!setting!of!the!ad!
should!be!as!clear!as!possible.!
!Even!in!an!ad!that!demonstrates!the!performance!attributes,!or!passion!
and!beauty!of!a!vehicle!in!a!test!or!surreal!setting,!care!should!be!taken!
not!to!promote!reckless!or!unsafe!driving!practices.!
!
General'Driving'Guidelines.'
!
!When!a!vehicle!is!depicted!on!a!public!road!or!highway,!it!should!not!
look!unsafe.!All!passengers!should!be!correctly!positioned!and!secured!
in!appropriate!restraints!for!their!age!(seatbelts,!child!seats).!These!are!
some!general!guidelines.!
!
Keep'both'hands'on'the'wheel.'
!
!Generally!we!look!for!the!hands!to!be!at!a!9!&!3!steering!position,!but!it!1s!more!
important!to!keep!both!hands!on!the!wheel.!
!It!is!ok!for!one!hand!to!come!off!the!wheel!for!a!motionbut!keep!it!very!
short.!
!
Keep'both'eyes'on'the'road.'
!
!The!driver!should!not!be!looking!over!at!a!camera!on!the!side!of!the!
vehicle.!
!It!is!ok!for!a!driver!to!momentarily!look!away!from!the!road,!but!keep!it!
short,!and!dont!move!the!whole!head!(so!it!is!ok!to!glance!in!a!mirror,!
but!do!not!have!them!turn!around!and!look!in!the!back!seat.)!
!
!

!
!
Use#seat#belts!#Even#in#the#rear#seats!#Have#all#occupants#properly#
positioned#and#properly#secured#based#on#their#age.#
!
!Adults!and!Children!over!13!must!be!seated!and!belted.!They!should!not!
be!leaning!up!out!of!their!seats.!Seat!belts!should!lie!flat!against!the!
shoulder!and!snug!over!the!hips!and!not!hit!their!necks.!The!seat!belt!
must!not!be!under!the!arms.!
!Infants!under!one!year!or!over!one!year!and!under!20!pounds!must!be!
shown!in!a!properly!installed!rear!facing!child!restraint.!o!Never!place!a!
rear@facing!child!restraint!in!a!front!seat!behind!an!air!bag!
!Children!under!12!must!be!shown!in!the!rear!seats.!
!Depending!on!the!age!and!the!physical!size!of!the!child,!a!child!may!need!
to!be!in!a!child!seat!or!a!booster!seat!in!the!back!seat.!
!
Make#sure#the#driver#is#focused#on#driving#and#is#not#distracted.#
!
!Do!not!show!them!reading!a!map,!talking!on!a!mobile!phone,!picking!
something!up!from!the!floor,!or!other!distractions!while!driving.!Do!not!
show!driver!using!a!hand@held!cell!phone!or!texting!while!driving!No!
hostile!or!aggressive!driving!
!
Keep#driver#&#passengerincluding#their#heads,#hands#and#armsDD#
clearly#in#the#vehicle.#
!
!Hands!or!arms!shouldnt!extend!past!the!edge!of!the!outside!mirrors!
!If!they!put!a!hand!or!arm!up!through!a!sunroof,!make!sure!you!can!tell!
the!person!is!properly!seated!and!restrained.!
Drivers!must!not!appear!impaired!by!drugs,!alcohol,!drowsiness!or!
otherwise.!
!Do!not!depict!scenes!where!a!driver!is!leaving!a!bar,!saloon,!or!other!
location!that!clearly!involves!the!use!of!alcohol.!
!
Obey#all#traffic#laws.#
!
!Use!appropriate!signals!and!make!sure!vehicle!lights!(daytime!running!
lamps,!brake!lamps,!signal!lamps,!headlamps)!are!visible!for!the!correct!
time!of!day.!
!If!passing,!make!certain!it!is!legal!and!safe!to!pass!and!only!pass!one!
vehicle!at!a!time.!
!Show!the!vehicle!under!control!
!
Make#sure#the#vehicle#is#safe#to#drive.#
!
!Always!show!tires!properly!inflated.!
!Do!not!overload!the!vehicle.!Consult!the!owners!manual!for!limitations!
!Secure!all!cargo!properly.!Do!not!block!the!drivers!field!of!view!
!Cargo!nets!should!be!used!to!store!only!small,!lightweight!objects!

!Consult!the!owners!manual!for!information!on!weight!limitations,!
towing/trailering,!use!of!tire!chains!and!other!issues!
!
Make#sure#the#conditions#are#safe#
!
!Do!not!drive!on!a!frozen!lake,!pond!or!through!a!river!or!flowing!water!
!Any!standing!water!must!not!cover!wheel!hubs,!axles!or!exhaust!pipes!
!Review!the!owners!manual!before!depicting!the!vehicle!off!road!or!on!
extremely!aggressive!surfaces.!Not!all!vehicles!are!designed!to!go!off!
road.!
!Do!not!show!a!vehicle!in!dry!grass!or!fields,!or!with!any!debris!or!brush!
under!the!vehicle!that!could!be!a!fire!hazard!3!Do!not!show!smoking!or!fire!
hazards!around!gasoline/petrol.!
'
Be#cautious#showing#teenage#drivers#
!
!Do!not!show!teenage!drivers!driving!with!other!teenagers!or!young!adults!
!Do!not!show!teenage!drivers!using!mobile!phones!(hand@held,!or!handsfree),!
driving!at!night!or!in!adverse!weather!conditions!
!
Be#extra#cautious#when#showing#children#
!
!Make!sure!any!child!seats!are!properly!installed.!
!Children!12!years!old!and!under!are!to!be!shown!in!the!rear!seat!of!the!
vehicle.!
!An!adult!should!be!shown!with!children!around!a!vehicle.!
!Do!not!show!children!playing!with!hard!toys!or!books!which!could!
become!projectiles!during!a!crash.!
!Children!should!never!be!shown!driving!a!vehicle,!even!in!a!fantasy!or!
over!the!top!type!of!execution!
!Children!should!never!be!depicted!alone!in!a!vehicle.!
!Children!should!not!be!shown!playing!with!the!keys!or!the!key!fob!
!Children!should!not!be!shown!in!the!roadway!or!in!the!vicinity!of!a!
moving!vehicle.!
!Children!should!not!be!depicted!in!a!manner!that!suggests!that!they!are!
playing!on,!with!or!in!a!stationary!vehicle!or!its!trunk,!or!with!the!
vehicle!controls.!
!
Pets#
!
!In!a!moving!vehicle!pets!should!be!shown!seated!!not!moving!around!
much!
!Generally,!pets!should!not!be!shown!in!the!roadway!or!in!the!immediate!
vicinity!of!a!moving!vehicle.!
!Pets!should!not!be!shown!alone!in!a!vehicle.!!
!
!
!
!

!
P4ickup#Truck#beds#
!
!Do!not!show!any!occupants,!human!or!animal,!in!the!bed!of!a!moving!
pickup!
!Adults!may!be!shown!sitting!on!or!leaning!against!the!tailgate!of!a!pickup!
truck,!or!sitting!or!standing!in!the!bed!of!a!pickup!if!the!vehicle!is!
clearly!parked.!
!
!

MOFILM FILMMAKER AGREEMENT

THIS FILMMAKER AGREEMENT is made on
2014
BETWEEN:
(1) MOFILM LTD, having its registered office located at 40 Clifton Street, London, EC2A 4DX, UK
(MOFILM); and
(2) YOU (Filmmaker or "You").
Filmmakers Name
________________________________________________________________
Filmmakers Address
________________________________________________________________
Date of Birth
________________________________________________________________
Film School Attended (if any)
________________________________________________________________
Business/Cell Phone
________________________________________________________________
Home Tel Number
________________________________________________________________
Email Address
________________________________________________________________
Company Brand
________________________________________________________________
Film (Working Title)
________________________________________________________________
Country of Film Production
________________________________________________________________
MOFILM Movie ID
________________________________________________________________
Competition
________________________________________________________________
WHEREAS:
A.

Filmmaker is the creator and owner of certain Content as more particularly defined below.

B.

MOFILM operates certain mobile content digital transmission services and makes provision
for the delivery of certain Content via mobile telephones, portable devices and/or PCs, cinema
and television.

C.

MOFILM wishes to obtain from Filmmaker, and Filmmaker wishes to provide to MOFILM,
certain Content on the terms and conditions set out below.

WHEREBY IT IS HEREBY AGREED:

1.

DEFINITIONS

"Acts" means the Copyright, Designs and Patents Act 1988 (as amended) and the US Copyright Act
of 1976 (as amended);
"Brand Participant" (or "Brand") means a brand partner providing a relevant Brief and associated
with MOFILM for purposes related hereto;
Brief means the description of aesthetic and technical requirements for entries in each Competition;

"Clearance Paperwork" means this Filmmaker Agreement, together with the attached Talent
Release Forms (one for each applicable person) and where applicable the Music Clearance
Agreement;
"Competition" means the competition listed above run by MOFILM to which Filmmaker may enter
Films and/or Content pursuant to this Agreement and the terms and conditions of the Competition
available via the Site from time to time (and the culminating event of each Competition shall be an
Event);
"Content" means the Film and other content, including without limitation graphics, sound recordings
and biographical materials delivered by Filmmaker to MOFILM hereunder;
"Contest Period" means the period between the commencement and the closing date of the
Competition, as set out in the Brief or on the relevant page of the Site from time to time;
"Film" means an original audio-visual recording created and owned by Filmmaker and submitted or
delivered to MOFILM for distribution to Brand Participant and end users;
"Intellectual Property Rights" means all intellectual property rights, howsoever arising and in
whatever media, whether registered or capable of registration, including without limitation, copyright,
trademarks, trade names, database rights, patents, image rights, Moral Rights and rights of privacy;
"Moral Rights" means the right of integrity, the right of paternity and all other rights customarily
referred to as moral rights throughout the world;
"Selected Content" means each item of Content (i.e. each Film) selected by MOFILM and/or Brand
Participant as a finalist or otherwise as an item to be assigned to MOFILM hereunder in accordance
with Clause 5.1;
"Service" means the commercial services provided by MOFILM hereunder; and,
"Site" means the MOFILM website at www.mofilm.com and/or other URLs notified to Filmmaker from
time to time.
2.

GRANT OF RIGHTS

2.1 Filmmaker hereby grants to MOFILM the worldwide rights to use, reproduce, store, format, adapt,
distribute, display, publicly perform, license, exhibit, broadcast and/or make available and transmit to
end users the Content in all media for all purposes, including but not limited to cinema and television
distribution, as part of the Service and otherwise in relation to Brand Participants. Further, Filmmaker
hereby grants to MOFILM the right to use, sub-license, reproduce and display the name and likeness
of Filmmaker, and any trademarks or trade names related to or contained within the Content for the
purposes of marketing and promoting the Content and/or the Service. Filmmaker acknowledges that
MOFILMs only liability to Filmmaker shall be to use reasonable endeavours to provide the Fee (set
out under Clause 4 below). Unless Filmmaker has requested otherwise, Filmmakers name and other
profile information may be published alongside such material.
2.2 Notwithstanding and without limiting the above, by submitting Content to MOFILM, Filmmaker
consents and agrees to assign and transfer to MOFILM (or, at MOFILM's direction, to the relevant
Brand Participant), in accordance with Clause 5.1 below, all right, title and interest in and to such
Content.
2.3 Filmmaker hereby agrees, at the request of MOFILM, to execute all such further documents and
do all such further acts as MOFILM may require in order to vest in MOFILM and the relevant Brand
Participant the rights hereby intended to be licensed and/or assigned.
2.4 To the maximum extent permitted by law, Filmmaker explicitly releases, discharges and holds
harmless the Brand Participant, its affiliates, subsidiaries, successors and assigns, and their
respective directors, officers, employees, shareholders, attorneys, representatives and agents, from
any and all liability, actions, causes of action, damages (whether actual, incidental or consequential),

claims and demands whatsoever in law or equity, including all costs, which s/he now has or may
assert, including but not limited to, those with respect to or in any way arising from Filmmakers
participation in the Competition or the awarding, acceptance, possession or use (or misuse) of the
Competition prize, including, but not limited to, liability for personal injury, death or illness arising out
of the aforesaid prize. Filmmaker understands that the parties to be released hereby are not
responsible for any part of the prize except to make payment for the prize.
2.5 Filmmaker acknowledges that Filmmaker has a limited licence to utilize the brands, logos,
trademarks, product images or other assets of the Brand Participants solely for purposes of creating
Content for the Competition. In the event that the Content submitted by Filmmaker is not selected as
a winning entry, Filmmaker agrees that it will make no further use of the Brand Participants
Intellectual Property Rights, including, without limitation, Brand Participant's logo, trademarks, product
images and/or any other assets provided by Company or MOFILM to Filmmaker in connection with
the Competition.
2.6 ACTORS AND INDIVIDUALS APPEARING IN CONTENT: Filmmaker warrants that Filmmaker
has obtained and agrees to provide to MOFILM a completed and signed talent release form in the
form attached hereto (Talent Release Form) which provides consent (and a waiver of moral rights)
for use of the name(s), likeness(es), performance(s) and/or voice(s) of each person seen or heard in
the Content. You must provide evidence that all talent grants in writing all usage rights on a fully-paidup basis that allows unrestricted worldwide usage in all media for all lawful purposes, in perpetuity.
3.

FORMAT, DELIVERY AND ASSESSMENT OF CONTENT

3.1 Filmmaker shall deliver the Content to MOFILM in such format(s) in accordance with Clause 7
below, and the Official Rules of Entry for the Competition and/or the upload pages of the Site from
time to time.
3.2 Filmmaker acknowledges that MOFILM shall assess all Content, such procedure being made up
of technical, legal and aesthetic evaluation. MOFILM shall be entitled in its absolute discretion to
accept or reject Content and/or remove any objectionable or infringing material, without being obliged
to give reasons, and Filmmaker shall have no right to contest any such assessment made by
MOFILMs adjudicators. Filmmaker agrees that MOFILM shall be entitled in its absolute discretion to
suggest corrections or technical alterations to submitted Content and acknowledges that, where such
suggestions are substantial, Filmmaker may be asked to consent to such corrections made by
MOFILM or to revise and re-submit the Content.
3.3 Filmmaker agrees and undertakes to use only the music supplied by MOFILM to Filmmaker
specifically for the purposes of the relevant Competition in each case. If Filmmaker wishes to use any
original music (other than that supplied to Filmmaker by MOFILM), Filmmaker shall contact MOFILM
to make an Original Music Request in writing. For the avoidance of doubt, Filmmaker shall deliver
Films to MOFILM using only Library Music supplied by MOFILM, unless agreed otherwise in writing in
each case.
4.

FEE

4.1 In consideration of the rights granted by licence or transferred by assignment by Filmmaker herein
(each of which shall be sub-licensed and/or fully assigned to Brand Participant and its
licensees/assignees), MOFILM shall offer Filmmaker the chance to enter the Competition(s), in which
the finalists (and certain others) will be paid five-hundred US dollars ($500) or prize equivalent of at
least US dollars ($500) plus any further amount (if any) as determined by the relevant Brand
Participant (Fee) for each item of Selected Content.
4.2 Filmmaker acknowledges and agrees that the opportunity to compete for the Fee and the selfpromotional opportunities made available to Filmmaker hereunder by way of publicity and exposure
through the Site(s), constitutes sufficient consideration for Filmmakers services and the products of
such services provided to MOFILM (including without limitation the Content) in relation to this
Agreement.
4.3 Any payments to Filmmaker hereunder will be made in US dollars and, if and where applicable,

converted into other currencies at the current exchange rate when received or transferred by
MOFILM, net of any bank charges. Payments may be made by bank cheque or electronic transfer.
4.4 Where Selected Content is used by the Brand for use within commercial cinema exhibition or
broadcast on television then Filmmaker shall receive the following additional payment for each item of
Selected Content so used ( and no other additional compensation will be paid for use on the Internet
or mobile devices):
Territory
USA
Canada, Western
Australia
Rest of World

Europe

&

Broadcast on terrestrial
television
(US$)
$5,000
$2,500

Used in commercial cinema

(US$)

$1,250

$625

$2,500
$1,250

For the avoidance of doubt where Selected Content is used first in one region or for one use and then
another, the maximum aggregate payment to the Filmmaker will be the higher of that region or use.
(For example if a piece of Selected Content is broadcast on television first in Rest of World, then in
Canada, the total aggregate payment to the Filmmaker would be $2,500, not $1,250 plus a further
$2,500)
5.

INTELLECTUAL PROPERTY AND ASSIGNMENT OF RIGHTS

5.1 Filmmaker agrees and acknowledges that, following payment of the Fee, Filmmaker (by way of
present and future assignment) assigns with full title guarantee to MOFILM all right, title and interest
in the Selected Content (and, accordingly, all Intellectual Property Rights in the Selected Content shall
be owned and controlled by MOFILM). For the avoidance of doubt, MOFILMs rights under such
assignment shall include (without limitation) the exclusive, world-wide rights to use, reproduce,
distribute, display, publicly perform, exhibit, broadcast, transmit, license and/or make available the
Selected Content In any and all media (including without limitation for television and/or cinema
advertising and/or internet exhibition purposes), and Filmmaker acknowledges and agrees that
MOFILM intends to sub-license or fully assign such rights to the Brand Participant.
5.2 To the fullest extent legally possible in each country of the world, Filmmaker hereby irrevocably
waives all Moral Rights in and to the Content in relation to all uses thereof by MOFILM and the Brand
Participant(s), and their licensees or assignees.
5.3 MOFILM shall, where practicable for each format, use its best endeavours to cause copyright
notices relating to each item of Selected Content delivered to be displayed to end users when such
Selected Content is exhibited by MOFILM. Each copyright notice shall, so far as reasonably
practicable for each format, be displayed in the following format: (c) [Year of first publication] [name
of Filmmaker].
5.4 You acknowledge and agree that, should you be selected as a finalist, the self-promotional
opportunities made available to you by way of publicity and exposure through the Site (together with
the possible awarding of any prize and/or the Fee), constitute sufficient consideration for the full title
guarantee to your Content.
5.5 The brands, products and service names of MOFILM and the Brand Participant are the
trademarks or trade names of MOFILM, the Brand Participant or their trading partners unless
otherwise stated. Your use of such trademarks is limited to use within submitted Content for the
purposes of this Agreement and such authorisation may be withdrawn at any time. You may not use
such trade marks for any purpose other than within your Content during the Term and for the
purposes of this Agreement and you hereby undertake after the close of the Competition not to use
such trademarks and to delete or destroy all such use of such trade marks in Content controlled by
you. You may not distribute products or offer services under or by reference to or otherwise use or
reproduce any such trademarks, trade names or taglines without the prior written permission of
MOFILM and the Brand Participant.

5.6 You acknowledge and agree that material submitted hereunder is submitted voluntarily and not in
confidence or trust, and that no confidential or fiduciary relationship is intended or created between
Filmmaker and MOFILM and/or any Brand Participant by reason of submission or otherwise. You
further acknowledge and agree that use by MOFILM or the Brand Participant of material similar or
identical to (or containing features or elements similar or identical to those contained within) any
material submitted by Filmmaker shall not obligate MOFILM to negotiate with Filmmaker nor entitle
Filmmaker to any compensation if MOFILM determines that it has an independent legal right to use
such material (either because such features or elements were not new or novel or were not originated
by Filmmaker or were or may hereafter be independently created by or submitted to MOFILM).
6.

WARRANTIES

6.1 Each party warrants and covenants to the other party that it has the right and power to enter into
and fully perform all of its obligations under this Agreement; it will comply with all applicable laws in
the performance of its obligations hereunder; and, it shall bear and pay any and all governmental
taxes, duties and customs of any kind, however designated, levied or based in any way upon its own
performance of this Agreement or the sale, acquisition, communication or resale of any Content.
6.2 If you upload any film, recorded music, text, photographs, graphics or other materials to the Site,
you hereby warrant and represent that you personally created, wrote and produced such materials
and all materials contained within such materials, or that you have obtained all necessary written
releases for the uses contemplated hereunder from the owner(s) of those materials for such use on a
fully paid up basis that allows usage in all media, worldwide, for all lawful purposes, in perpetuity. If
you submit any material comprising any pre-existing recorded content (i.e. "clips" from other films or
programmes, "samples" or extracts from other records, photographs, graphics, etc), you must tell us
and provide details at the time of posting and provide a written release to use.
6.3

SPECIFIC WARRANTIES AND REPRESENTATIONS

YOU WARRANT AND REPRESENT TO MOFILM THE FOLLOWING:

6.3.1

ALL CONTENT IS ORIGINAL: Subject to the provisions below, all Content and material
used in the Film(s) is your own original work (or, where Filmmaker is a company, the
original work of your employees) and has not previously been displayed publicly, published
or used on any website or broadcast or in any other communications in any country of the
world. For the avoidance of doubt, you warrant that you are the sole owner of all copyright
and other Intellectual Property Rights in all Content (unless otherwise notified in writing to
MOFILM before the Content is uploaded).

6.3.2

USE OF MUSIC: Any use of music composed and/or recorded and/or used in a Film has
been approved by MOFILM in writing in advance of use and is cleared in writing for use on
a fully paid up basis that allows usage in all media, worldwide, for all lawful purposes, in
perpetuity. Any use of music from a pre-existing source must be cleared in writing for use
by Filmmaker as set forth in this Section 6.3.2 and notified in writing to MOFILM at the time
of delivery. Filmmaker agrees to produce written evidence of such rights clearance(s) at
the time of delivery and promptly on request.

6.3.3

USE OF TALENT: The Filmmaker warrants that (further to the requirements of Clause 2.6
above) written permission in the form attached hereto has been obtained for use of the
name(s), likeness(es), performance(s) and/or voice(s) of each person seen or heard in the
Content (and the Filmmaker shall provide copies of such written permissions to MOFILM
at the time of submission of the film) and that such talent has granted in writing all usage
rights on a fully-paid-up basis, that allows unrestricted worldwide usage in all media for all
lawful purposes, in perpetuity. The Filmmaker warrants and represents that Filmmaker is
and will be responsible for all payments due to actors and other talent used in the Content,
including without limitation, guild fees, pension and health payments, reuse fees, residuals,
and/or other executory obligations pursuant to any collective bargaining agreement with
any entertainment, advertising or other industry labour union or guild, such as the Screen
Actors Guild (SAG). The Filmmaker further warrants that any and all such applicable
payments have been made in accordance with applicable guild unions. Filmmaker shall

produce written evidence of such payments at the time of upload of the Content and shall
notify MOFILM in writing prior to uploading Content whether Filmmaker and/or any talent
featured in the Content are members of any union or guild and whether the Content was
produced under union or guild jurisdiction. Failure to provide such permission in the form
attached for each person seen or heard in the Content will render Content uploaded being
disqualified from entry into the Competition.
6.3.4

USE OF PHOTOS, GRAPHICS, TEXT OR OTHER THIRD PARTY MATERIAL: Any use
of photos, graphics, text or other material created, licensed or otherwise owned or
controlled by any third party has been cleared in writing for all relevant rights. Any use of
photos, graphics, text or other third party material from physical or online sources
(including from a book, a painting, a newspaper or a website) has been cleared in writing
for use by Filmmaker and made known to MOFILM at the time of delivery. Filmmaker
agrees to produce written evidence of such rights clearances at the time of delivery.

6.3.5

EMPLOYEES AND WORKS FOR HIRE: Where Content incorporates the work of
employees of Filmmaker or of any other third parties (or is a so-called Work for Hire), the
Intellectual Property Rights in the Content have been assigned in writing to the
employer/Filmmaker and the Moral Rights of such employees, workers and persons have
been waived in writing to the fullest extent possible in relation to all uses of the Content.
Filmmaker shall produce written evidence of assignment at the time of upload of the
Content.

6.3.6

NO OBJECTIONABLE MATERIAL: Content shall not contain imagery or audio content

which: (a) is sexually explicit or suggestive, violent derogatory of any ethnic, racial,
gender, religious, professional or age group, profane or pornographic, or which contains
any dangerous activity or promotes the excessive or irresponsible consumption of
alcohol; (b) promotes use of drugs, tobacco, firearms/weapons; (c) is obscene or
offensive or endorses any form of hate; (d) contains trademarks, logos or trade dress
owned by others, or advertises or promotes any brand or product of any kind (other than
those supplied by the Brand Participant), without written permission, or contains any
personal identification, such as licence plate numbers, personal names, email addresses
or street addresses; (e) contains copyright materials owned by others (including
photographs, sculptures, paintings and other works of art or images published on or in
websites, television, movies or other media) without permission; (f) depicts, or is itself, a
violation of any law.

6.3.7

NO INFRINGEMENT: The use by MOFILM and/or the Brand Participant of submitted

Content will not infringe any Intellectual Property Right(s) of Filmmaker or any third party.

6.3.8

NOT DEFAMATORY: The Content is not defamatory and its use by MOFILM and/or
Brand Participant, end users and other third parties will not infringe any publicity or
personality rights of any person.

6.3.9

NO EARLIER CONTRACTS: Filmmaker is not in breach of any employment, agency or

commissioning contract with any third party by reason of entering into or exercising or
granting any rights or performing any obligations under this Agreement.

6.3.10

EXCLUSIVITY: Filmmaker does not currently and will not in future use, exploit, submit or
authorize or cause any other person to use for any purposes (other than use by Filmmaker
for self-promotional purposes), material which is the same as or substantially similar to any
Content submitted to MOFILM by Filmmaker. For the avoidance of doubt, Filmmaker may
subsequently use Films submitted hereunder only by way of posting on Filmmakers own
website(s) and Filmmakers own social network sites (e.g. Filmmakers own YouTube
channel) provided that Filmmaker obtains written permission from MOFILM or the Brand
Participant for use of the Brand Participants trademarks in the Content.

6.4 In the event of any breach of the terms and conditions contained in this Agreement by MOFILM,
the aggregate liability of MOFILM in connection with this Agreement shall be limited to damages
which shall not exceed the amount actually received by Filmmaker hereunder. MOFILM shall not, in

any circumstances, be liable for any indirect, incidental or consequential loss or damage. Nothing in
this Agreement shall exclude or limit the liability of MOFILM for death or personal injury resulting from
the negligence of MOFILM or that of its agents or employees.
6.5 Filmmaker hereby indemnifies MOFILM (together with its associated, subsidiary and affiliated
companies) and shall hold it harmless from and against any and all liability, loss, damages, costs,
legal costs and disbursements, professional and other expenses of any nature whatsoever incurred or
suffered by it, arising by reason or in consequence of any breach by Filmmaker of any of the
representations, warranties or obligations of Filmmaker set out in this Agreement.
6.6 Filmmaker agrees to notify MOFILM immediately but in no event later than three (3) days after it
becomes aware of any actual or threatened infringement, dilution or other impairment of any item of
Content ("Infringement"). Upon receipt of such notice, MOFILM shall decide whether to assert or file
any legal or equitable proceedings ("Action") with respect to such Infringement at its sole discretion. If
any such Infringement has occurred, MOFILM may, in its sole discretion exercisable upon notice to
Filmmaker, either pursue the Action or authorise Filmmaker to prosecute the Action in Filmmakers
own name. In the event MOFILM elects to pursue such Action, Filmmaker shall reasonably cooperate
with MOFILM in the Action. If MOFILM authorises Filmmaker to pursue the Action, Filmmaker shall
advise MOFILM of all developments in connection with the Action of which Filmmaker becomes
aware and MOFILM shall have the right to participate in such Action.
7.

ENTRY TO COMPETITION

7.1 ALL ENTRIES MUST COMPLY WITH THE COMPETITION RULES AND MUST BE RECEIVED
DURING THE CONTEST PERIOD. Please note that the specific dates and times of the Contest
Period are subject to change on short notice. Filmmaker must be over the age of 18 at the date of
entry of the Competition (or over the age of 16 with permission of parent or legal guardian on their
behalf). Any travel companion must be of legal age of majority in Filmmakers jurisdiction of
residence.
7.2 On request, Filmmaker agrees to provide the original audio and video files used during production
of the Content for broadcast or other purposes (which may include uncompressed QuickTime files,
final audio mix and/or separate audio tracks for dialogue, music, and effects).
7.3 Submissions must be primarily in English (or subtitled in English) and MOFILM reserves the right
to edit, crop or cut Content in its sole discretion. Each Filmmaker may submit up to a total of twentyfour (24) entries provided the same (or substantially similar) item of Content is not uploaded more
than once.
7.4 Once uploaded, submitted Content cannot (and will not) be returned. The Brand Participant may,
in its sole discretion, remove, delete and/or void any submitted Content it deems inappropriate or
otherwise non-compliant. All submitted Content will be reviewed before being published or judged;
however, such review does not relieve Filmmaker from responsibility for compliance with this
Agreement.
7.5 The individual Filmmaker uploading a particular entry will be deemed the sole entrant for that
entry. If any group has collaborated on a submitted item of Content, the entire group will be deemed
to have designated such Filmmaker, as the agent for such group, to agree to these terms and to
accept the prize on behalf of the group. MOFILM and/or the relevant Brand Participant shall not be
liable for any dispute between such collaborators.
7.6 MOFILM reserves the right, at its sole discretion, to disqualify any entrant deemed to be: (a)
tampering or attempting to tamper with the entry process or the operation of the Competition or any
Brand Participant or the Site; (b) violating the terms of this Agreement or the Competition or any rules
posted at the Event; (c) violating the terms of service, conditions of use and/or general rules or
guidelines of any MOFILM property or service; or (d) acting in an unsportsmanlike or disruptive
manner or with intent to annoy, abuse, threaten or harass any other person.
7.7 Filmmakers are prohibited from obtaining votes or affecting the voting processes in any way by
any fraudulent or inappropriate means (as determined by MOFILM in its sole discretion) including,

without limitation, by offering prizes or other inducements to attendees. Votes cast with intent to
impair the integrity of the voting process shall be void.
7.8 The Competition is offered worldwide but is void where prohibited. For the avoidance of doubt,
you agree and acknowledge that the Competition is not open to: 1) employees of Brand Participant,
its subsidiaries and affiliates; 2) contract workers of Brand Participant, its subsidiaries and affiliates; 3)
employees of Brand Participant current advertising agencies; 4) immediate family members
(spouse/domestic partner, parent, sibling, child, etc.) of individuals in categories 1 through 3 above;
and 5) residents of the same household (whether related or not) of individuals in categories 1 through
3 above.
8.

COMPETITION FINALISTS AND WINNERS

8.1 Submitted Content shall be judged on the Judging Criteria as follows:

8.1.1
8.1.2

Originality and Creativity - 50%

Aesthetic Production Quality - 50%

8.2 Finalists will be selected by a judging process in which a designated panel of judges from
MOFILM and/or Brand Participant (Judges) shall evaluate each eligible submission based on the
Judging Criteria. Please note that the creative directions contained within the Brief are for guidance
only and the Judges may or may not use such creative criteria within their own discretion. The Judges
may designate a winner and a runner-up (and may award further prizes) in their sole discretion, and
any tie or draw shall be awarded or resolved accordingly. The Judges decisions shall be final and
binding, and no related correspondence will be entered into.
8.3 The winner for each Brand Participant shall be invited to the Event, at which a further voting
process will be carried out amongst all the brand winners and/or certain other finalists. The selected
winners across all brand entries will be judged by attendees at the Event and further prizes may be
awarded. The finalist entries and names of runners up will be posted on the Site for public viewing on
or about 45 days after the Event. All finalists are subject to verification, including without limitation,
verification of eligibility and compliance with this Agreement. If any attempt to notify or contact a
finalist is unsuccessful or returned as undeliverable, if a finalist cannot be verified or is otherwise
unable to accept a prize, the prize will be forfeited and may be awarded to an alternate finalist
provided sufficient time remains, in the relevant Brand Participants sole discretion.
8.4 Winners will be notified by telephone, first-class post and/or email in MOFILM's sole discretion. If
attempted notification is returned as undeliverable or if a finalist cannot be verified or is otherwise
unable to accept a prize, such prize will be forfeited and may be awarded to an alternate finalist
(provided sufficient time remains, in Participating Brand's discretion).
9.

COMPETITION PRIZES

9.1 The overall winner prizes shall be as listed on the Site.

9.2 Filmmaker shall be solely responsible for any taxes on any prizes received and agrees to
complete and return any taxation form received (depending of country of residence) in relation to the
Competition.
9.3 MOFILM and the Brand Participant(s) reserve the right to substitute any prize (or portion thereof)
with any prize of substantially equivalent or greater value.
9.4 By accepting a prize, Filmmaker (as a finalist or winner) agrees that the Brand Participant(s)
and/or MOFILM shall not be liable for any loss or injury resulting from participation in the Competition,
acceptance or use of any prize, or any travel related thereto.
10.

GENERAL

10.1 If either party waives any breach of this Agreement committed by the other party, such waiver
shall not be deemed to be a waiver of any subsequent similar breach or of any other breach at any

time.
10.2 Your use of the Site and your entry to the Competition creates no partnership, client, fiduciary or
other professional or employment relationship.
10.3 If any provision of this Agreement shall be determined by any court or other tribunal of
competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall
nevertheless continue in full force and effect. Termination of this Agreement shall not release either
party from any of its obligations hereunder which are intended to have a continuing effect.
10.4 This Agreement shall be personal to Filmmaker, and Filmmaker shall not be entitled to assign
any of its rights or obligations hereunder without the prior written consent of MOFILM.
10.5 The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any of its
provisions.
10.6 No responsibility or liability is assumed by MOFILM or any Participating Brand for technical
problems or technical malfunction arising in connection with any of the following occurrences which
may affect the operation of the Competition: hardware or software errors; faulty computer, telephone,
cable, satellite, network, electronic, wireless or Internet connectivity or other online communication
problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled,
jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost,
late, delayed or intercepted e-mail transmissions; inaccessibility of the Site in whole or in part for any
reason; traffic congestion on the Internet or the Site; unauthorized human or non-human intervention
of the operation of the Competition, including without limitation, unauthorized tampering, hacking,
theft, virus, bugs, worms; or destruction of any aspect of the Competition, or loss, miscount,
misdirection, inaccessibility or unavailability of an email account used in connection with the
Competition. MOFILM and Brand Participant shall not be responsible for any typographical errors in
the announcement of prizes or this Agreement, or any inaccurate or incorrect data contained on the
Site.
10.7 Other than with the express written approval of MOFILM, Filmmaker agrees and undertakes not
to provide content or services for, engage directly or otherwise have unsolicited contact with, any
Participating Brand, for a period of twelve (12) months following termination of this Agreement (or, if
later, following the closing date of the final Competition hereunder).
10.8 Filmmaker agrees that in the event of any default of any of the terms of this Agreement by
MOFILM (or any third party), Filmmaker's only remedy will be an action at law for damages actually
suffered by Filmmaker (if any) and in no event shall Filmmaker be entitled to rescind this Agreement
or to receive any injunctive or other equitable relief or to restrain the distribution, exhibition,
advertising or other exploitation of any Content acquired by MOFILM hereunder or of any rights
granted or assigned under this Agreement.
10.9 All rights and obligations hereunder shall be construed and interpreted in accordance with the
laws of England and Wales and the Courts in London shall be the sole court of competent jurisdiction.
Signed for and on behalf of MOFILM:
Signed by Filmmaker (You sign here):
_________________________________________________________________
Date
Please list all the full names (and role/character name) of talent (actors) used in the Content on a
separate sheet of the Talent Release Form (and, where under the age of 18, please also include their
date of birth).

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________

_____________________________________________________________________________________________________
_____________________________________________________________________________________________________

APPENDIX:

TALENT RELEASE FORM MOFILM and BRAND PARTICIPANT

(One per Actor/Actress)

Actors Name:

______________________________________________________________________

Actors Address:

___________________________________________________________________

Home Phone Number

______________________________________________________________________

Business/Cell Phone:

______________________________________________________________________

Skype Name (Optional):

______________________________________________________________________

Filmmaker Name:

_______________________________________________________________________

Brand Participant:

_______________________________________________________________________

Film (working title):

_______________________________________________________________________

This Agreement is entered into by and between the Actor and Filmmaker. Filmmaker includes
Filmmakers licensees, assignees, future owners/acquirers.
The Actor hereby assigns to Filmmaker all rights of every kind and character throughout the world in
perpetuity, in and to the Actors dramatic performance, appearance, likeness, name and/or voice (the
Performance) in connection with the Film. The Actor hereby authorises Filmmaker to: photograph,
videotape, film and record (on film, tape or any other medium) the Performance (and any audition for
the Performance); to edit the same at its discretion and/or to include with it the performances of others
and sound effects, special effects, digital effects and/or music; to incorporate the same into the Film,
trailers, posters or other materials or programs related to the Film; to use and to license others to use
the Performance in any manner or media whatsoever, including without limitation for purposes of
publicity, advertising, marketing and sales promotion in all media (which, for the avoidance of doubt,
may include television and/or cinema and internet exhibition). For the avoidance of doubt, the Actor
acknowledges that Filmmaker shall own all rights, title and property in the Performance and the Film.
The Actor understands and agrees that this Talent Release refers to his/her role as Principal Actor or
Extra as indicated below;
Principal Actor On Camera
Principal Actor Off Camera
Extra
For the purposes of this Talent Release, a Principal Actor is defined as follows;
anyone who is seen and who speaks a line or lines of dialogue, or
anyone whose face appears silent, alone in a stationary camera shot and is identified with the
product/service, or
anyone whose face appears silent and is identifiable and whose foreground performance
demonstrates or illustrates a product/service or illustrates or reacts to the on or off-camera
narration or commercial message
For the purposes of this Talent Release, an Extra is defined as follows;
Person who appears in the foreground solely as atmosphere and not otherwise covered by
the foregoing definition of Principal Actor above shall be deemed Extra performers.
The Actor understands and agrees that, unless otherwise agreed in writing, in the event that they are
determined to be a Principal Actor then they will receive a special one-off payment if the Film is used
within a television broadcast or in commercial cinema exhibitions in the following territories:
USA
US$1000

Canada, Western Europe and Australia

Rest of world

US$500
US$250

In the event that the Brand Participant endeavors to make the Film a guild production, Actor agrees to
accept the relevant guild minimum payments for a daily rate as payment in full for his/her
Performance and agrees to execute any other agreements as may be necessary to enforce the
agreements made hereunder.
Determination of Principal Actor is at the sole discretion of MOFILM. The Actor agrees not to assert or
maintain against Filmmaker and/or the Brand Participant any claim, action, suit or demand (including
without limitation those grounded upon Rights of Publicity or other civil rights) in connection with use
of the Performance and the Actor agrees to indemnify and hold harmless MOFILM, Filmmaker and
the Brand from any such claims and/or actions.
The Actor agrees that in the event of any default of any of the terms of this Agreement by MOFILM (or
any third party), the Actor's only remedy will be an action at law for damages, actually suffered by the
Actor (if any) and in no event shall the Actor be entitled to rescind this Agreement or to receive any
injunctive or other equitable relief or to restrain the distribution, exhibition, advertising or other
exploitation of any Content acquired by MOFILM hereunder or of any rights granted or assigned
under this Agreement.
This Agreement constitutes the entire agreement by and between the Actor and Filmmaker and
supersedes any and all prior contracts, understandings, negotiations and agreements with respect to
Filmmaker and the subject matter hereof, whether oral or written. This Agreement shall be governed
by the laws of England and Wales and the parties each agree to submit to the exclusive jurisdiction of
the Courts in London.
The parties acknowledge that the execution of this release was completed prior to any
Performance being rendered by the Actor
Actors Signature:

__________________________________________

Print Full Name (BLOCK CAPITALS):

__________________________________________

Witnessed by:

_________________________________________

Date:

___________________________

Print Full Name (BLOCK CAPITALS):

__________________________________________

NOTE: Actor must attach to this Agreement a signed copy of Actors passport or, driving licence or
similar government-issued identification document
Where Actor is under 18 years of age, the parent/guardian consents and approves the execution of
this Agreement by the Actor and represents that the Actor shall not disaffirm the Agreement by reason
of minority.
The parties acknowledge that the execution of this release was complete prior to any
Performance being rendered by the Actor
Signature of Actors Parent/Guardian:

___________________________________________

Print Full Name (BLOCK CAPITALS):

__________________________________________

Witnessed by:

__________________________________________

Date

__________________________________________

Print Full Name (BLOCK CAPITALS):

__________________________________________

Parent/Guardians address/phone/email: __________________________________________

NOTE: Guardian must attach to this Agreement a signed copy of the Guardian AND Actors
passport or driving licence or similar government-issued identification document

MUSIC LICENSE AGREEMENT

Licensor:
____________________________________________________________________
Licensors Address:
____________________________________________________________________
Licensors Phone Number:
___________________________________________________________________________
Email Address / Skype
____________________________________________________________________
Filmmaker Name:
_____________________________________________________________________
Brand:
_____________________________________________________________________
Film (working title):
_____________________________________________________________________
This License Agreement is made and entered into on [
] (date) by and between the
Licensor, whose name and details are set out above (Licensor or You), and MOFILM LTD of 40
Clifton Street, London EC2A 4DX, UK, including subsidiary and group companies thereof (MOFILM
or Licensee).
1. Licensor agrees to upload composition(s) and recording(s) set out in Exhibit A below (hereinafter known
collectively as Master Recording(s)) to MOFILM web site, as included in synchronization or timed
relation with the film production submitted to MOFILM currently entitled [
]
(Film). Licensor hereby grants to MOFILM a non-exclusive gratis licence, including the rights to use,
reproduce, store, format, adapt, exhibit and/or make available and transmit to the client sponsoring a
specific MOFILM competition pursuant to which the Film was submitted (Brand Participant) such
Master Recording(s) for purposes of allowing the Brand Participant to preview, audition and otherwise
assess suitability of the Film (Initial License).
2. In the event that the Brand Participant shall select the Film as one of the competition winners and/or
obtain assignment of rights in the Film pursuant to terms and conditions of the relevant MOFILM
competition within 6 (six) months after the end of the MOFILM competition and/or event pursuant to
which the Film was submitted, Licensor shall grant to MOFILM the non-exclusive, fully paid, irrevocable,
perpetual, worldwide license to use the Master Recording(s) in any lawful manner in conjunction (i.e. in
synchronization) with the Film, including without limitation the rights to use, reproduce, store, format,
adapt, license, distribute, display, publicly perform, broadcast, exhibit and/or make available the Master
Recording(s) in all media whether now know or hereafter devised (Usage License). This Usage
License shall also include the rights specifically set out in Sections 8-13 of this Agreement.
3. Licensor hereby represents and warrants that Licensor has the full legal right, power and authority to
enter this Agreement and to grant all rights granted hereunder.
4. Licensor warrants, represents and agrees that Licensor has obtained requisite written consents,
permissions and releases of rights from all relevant rights holders, including rights organisations,
copyright owners, musical performers and all other persons and legal entities (where applicable) whose
performances are embodied in the composition(s) and recording(s) or who have otherwise contributed
to or hold any rights in any composition(s) and/or recording(s) hereunder in the form set out in Exhibit A
below.
5. Licensor warrants, represents and agrees that Licensor will pay all re-use payments, fees, royalties and
other sums required to be paid for such consents and permission in connection with Licensees usage of
the compositions and recordings pursuant to this Agreement. If Licensee so requires, Licensor will
procure such persons/entities to deliver any documents that Licensee requires, confirming that they will
not look for further payments in connection with use of compositions and recordings pursuant to this
Agreement.
6. Licensor will indemnify and hold Licensee and its officers and directors harmless from any and all
claims, liabilities, losses, damages and expense including without limitation legal expenses arising from

any breach of Licensors warranties, representations or obligations under this License Agreement or in
any way resulting from or connected with Licensees usage of the compositions and recordings in
accordance with this License Agreement.
7. The term of the Usage License is for the full period of copyright in and to the musical compositions and
sound recordings and any and all renewals or extensions thereof that Licensor may now or hereafter
own or control anywhere in the world.
8. MOFILM may file, in its discretion, title registrations with any performance rights organisation(s) (for
example, without limitation, ASCAP or BMI or PRS), assigning a new and specific title for any
composition(s) and recording(s) hereunder, provided, however, that the MOFILM shall not be obligated
to do so in any instance.
9. Licensor grants to the MOFILM the right to collect in perpetuity the so-called publishers share of
performance income in relation to the public performance of the composition(s) and recording(s).
10. MOFILM shall retain two-thirds (67%) of the publisher's share (i.e. revenue received by MOFILM from
copyright collection societies or any performance rights organizations for the use of the composition(s)
and recording(s), less any amounts paid to or deducted by subpublishers, sublicensees, agents,
collection agencies and local performing and mechanical rights societies or other relevant third parties, if
any, from exploitation of the composition(s) and the recording(s) and shall pay the remaining one-third
(33%) of the publishers share to the Licensor.
11. Licensor shall be entitled to 100% of the so-called writers share of performance income in relation to
the public performance of the composition(s) and recording(s). In the event the writer is not already
registered with a copyright collection society, MOFILM may collect the writers share monies, but shall
pay 100% of such writers share royalties to the Licensor, less any subpublishers, sublicensees, agents,
collection agencies and performing and mechanical rights societies and other relevant third party
deductions, if any.
12. In the event of termination of this Agreement for any reason, Licensee shall have the right to continue to
administer and collect the gross receipts earned from use of the composition(s) and recording(s) in
accordance with the terms of this License Agreement and such rights of the Licensee shall not be
affected or terminated in any manner by any termination of this Agreement.
13. In the event that Licensor shall enter into an exclusive publishing agreement with another company,
Licensor (or Licensors exclusive publishing designee) shall be entitled to register any of the
compositions or recordings for which rights have been granted hereunder with alternative titles to those
titles with which Licensee has registered such composition(s) and recording(s). For the avoidance of
doubt, Licensor shall continue to be entitled to collect the publisher's share monies that arise from the
originally titled registrations of such composition(s) and recording(s) hereunder.
14. Licensee shall pay all sums due to the Licensor pursuant to this Agreement, including applicable fees,
twice annually. Licensee will notify the Licensor of all sums due to the Licensor within thirty (30) days
prior to 30 June and 31 December of each calendar year respectively. Payment shall be made thirty (30)
days following receipt by the Licensor of a valid invoice from the Licensee in respect of a previously
rendered statement. Any losses from one accounting period shall be carried forward into subsequent
accounting periods. Licensor shall have the right, during normal business hours and subject to the
provision of reasonable notice, to inspect Licensees books of account solely to the extent that the same
relate to the exploitation of the composition(s) and recording(s) hereunder. All accountings rendered by
the Licensee shall be binding and not subject to any objection unless specific written objection is
received by the Licensee within one (1) year from the date such accounting statement is rendered.
15. All rights granted by Licensor herein shall fully insure to the benefit of MOFILM, its subsidiary and group
companies, licensees, successors and assigns.
16. The individual person/legal entity signing as the Licensor hereunder will be deemed the sole provider of
the Master Recording(s). If any group has collaborated on a submitted item of content, the entire group
will be deemed to have designated the Licensor as the agent for such group to agree to these terms and
to accept all fees hereunder on behalf of the group. MOFILM and/or Brand Participant shall not be liable
for any dispute between such collaborators.

17. If either party waives any breach of this Agreement committed by the other party, such waiver shall not
be deemed to be a waiver of any subsequent similar breach or of any other breach at any time.
18. In the event of a dispute arising out of this Agreement, Licensors sole remedy shall be for monetary
damages and in no event shall the Licensor seek an injunction in connection with the use of the
composition(s) or the recording(s) under this Agreement and/or in relation to any licences granted by the
Licensee during the term of this Agreement.
19. This Agreement does not and is not intended to create any partnership, fiduciary or other professional or
employment relationship between the parties.
20. If any provision of this Agreement shall be determined by any court or other tribunal of competent
jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall nevertheless
continue in full force and effect. Termination of this Agreement shall not release either party from any of
its obligations hereunder which are intended to have a continuing effect.
21. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any of its
provisions.
22. All rights and obligations hereunder shall be construed and interpreted in accordance with the laws of
England and Wales and the Courts in London shall be the sole court of competent jurisdiction.
23. If you wish to make your Master Recording(s) available on momusic.com online music library for
preview and consideration for the use in promotional films and other commercial projects by clients of
MOFILM in consideration of applicable usage fees and percentage of publishers share monies, please
contact us at license@mofilm.com to discuss the appropriate arrangements.

Licensor Signature

________________________________

Date

________________________________

Witnessed By

________________________________

Witness Signature

________________________________

THE FOLLOWING FORM IS IN RELATION TO CLAUSE 4

PLEASE ENSURE ALL RELEVANT PARTIES HAVE SIGNED

EXHIBIT A
ARTIST INFORMATION SHEET
Please have all rights holders sign below including master owner(s), publisher(s) and/or
Synchronization approval rights holder. Specify each role separately please.
By signing below, you confirm that you grant to the Licensee all usage rights on a fully-paid-up basis
and waive any moral rights you may have in Compositions/Recordings to allow unrestricted
worldwide usage of Compositions/Recordings synchronization with the Film in all media for all
lawful purposes in perpetuity.
Name

Signature

RoleDate
Artist/Performer

Email

Phone

Name

Signature

Role-Musician Date

Email

Phone

Name

Signature

Role- Backing
Vocalist

Date

Email

Phone

Name

Signature

Role-Song
Date
Writer/Composer

Email

Phone

Name

Signature

Role-Producer

Date

Email

Phone

Name

Signature

Role-Publisher

Date

Email

Phone

Name

Signature

Role-Sound
Date
Engineer/Mixer

Email

Phone

Performing Rights Organization

Writer

PRO ASCAP, PRS etc

CAE IPI #

WE DO NOT ACCEPT COVER SONGS OR SONGS CONTAINING SAMPLES!

Track List - This form is included in the Acceptance Package as a Word Doc so you can type it in if you prefer.
Fill out one form for each CD/Digital Album you submit. If you do not have a publisher you are considered self published.

Artist
Album Title
Track # Song Title

Publisher

Writer (s)

11 1

Track List - This form is included in the Acceptance Package as a Word Doc so you can type it in if you prefer.
Fill out one form for each CD/Digital Album you submit. If you do not have a publisher you are considered self published.

IN THE EVENT THAT THERE IS INSUFFICIENT SPACE ON THE SHEET ABOVE, PLEASE
PROVIDE REMAINING INFORMATION ON A SEPARATE ATTACHEMENT.

MUSIC RELEASE AGREEMENT

Date: ______________________________________________________________________
Licensor: ___________________________________________________________________
Licensors Address:
____________________________________________________________________
Licensors Phone Number:
___________________________________________________________________________
Email Address / Skype
____________________________________________________________________
Filmmaker Name:
_____________________________________________________________________
Brand:
_____________________________________________________________________
Film (working title):
_____________________________________________________________________
This License Agreement is made and entered into on the date set out above by and between the
Licensor, whose name and details are set out above (Licensor or You), and MOFILM LTD of 40
Clifton Street, London EC2A 4DX, UK, including subsidiary and group companies thereof (MOFILM
or Licensee).
1. Licensor agrees to upload composition(s) and recording(s) set out in Exhibit A below (hereinafter known
collectively as Master Recording(s)) to MOFILM web site, as included in synchronization or timed
relation with the film production submitted to MOFILM set out above (Film). Licensor hereby grants to
MOFILM a non-exclusive gratis licence, including the rights to use, reproduce, store, format, adapt,
exhibit and/or make available and transmit to the client sponsoring a specific MOFILM competition
pursuant to which the Film was submitted (Brand Participant) such Master Recording(s) for purposes
of allowing the Brand Participant to preview, audition and otherwise assess suitability of the Film (Initial
License).
2. In the event that the Brand Participant shall select the Film as one of the competition winners and obtain
assignment of rights in the Film pursuant to terms and conditions of the relevant MOFILM competition
within 6 (six) months after the end of the MOFILM competition and/or event pursuant to which the Film
was submitted, in consideration of the fee of US$200 (two hundred US dollars), Licensor shall grant to
MOFILM the non-exclusive, fully paid, irrevocable, perpetual, worldwide license to use the Master
Recording(s) in any lawful manner in conjunction (i.e. in synchronization) with the Film, including without
limitation the rights to use, reproduce, store, format, adapt, license, distribute, display, publicly perform,
broadcast, exhibit and/or make available the Master Recording(s) in all media whether now know or
hereafter devised (Usage License). This Usage License shall also include the rights specifically set out
in Sections 8-13 of this Agreement.
3. Licensor hereby represents and warrants that Licensor has the full legal right, power and authority to
enter this Agreement and to grant all rights granted hereunder.
4. Licensor warrants, represents and agrees that Licensor has obtained requisite written consents,
permissions and releases of rights from all relevant rights holders, including rights organisations,
copyright owners, musical performers and all other persons and legal entities (where applicable) whose
performances are embodied in the composition(s) and recording(s) or who have otherwise contributed
to or hold any rights in any composition(s) and/or recording(s) hereunder in the form set out in Exhibit A
below.
5. Licensor warrants, represents and agrees that Licensor will pay all re-use payments, fees, royalties and
other sums required to be paid for such consents and permission in connection with Licensees usage of
the compositions and recordings pursuant to this Agreement. If Licensee so requires, Licensor will
procure such persons/entities to deliver any documents that Licensee requires, confirming that they will
not look for further payments in connection with use of compositions and recordings pursuant to this
Agreement.

6. Licensor will indemnify and hold Licensee and its officers and directors harmless from any and all
claims, liabilities, losses, damages and expense including without limitation legal expenses arising from
any breach of Licensors warranties, representations or obligations under this License Agreement or in
any way resulting from or connected with Licensees usage of the compositions and recordings in
accordance with this License Agreement.
7. The term of the Usage License is for the full period of copyright in and to the musical compositions and
sound recordings and any and all renewals or extensions thereof that Licensor may now or hereafter
own or control anywhere in the world.
8. MOFILM may file, in its discretion, title registrations with any performance rights organisation(s) (for
example, without limitation, ASCAP or BMI or PRS), assigning a new and specific title for any
composition(s) and recording(s) hereunder, provided, however, that the MOFILM shall not be obligated
to do so in any instance.
9. Licensor grants to the MOFILM the right to collect in perpetuity the so-called publishers share of
performance income in relation to the public performance of the composition(s) and recording(s).
10. MOFILM shall retain two-thirds (67%) of the publisher's share (i.e. revenue received by MOFILM from
copyright collection societies or any performance rights organizations for the use of the composition(s)
and recording(s), less any amounts paid to or deducted by subpublishers, sublicensees, agents,
collection agencies and local performing and mechanical rights societies or other relevant third parties, if
any, from exploitation of the composition(s) and the recording(s) and shall pay the remaining one-third
(33%) of the publishers share to the Licensor.
11. Licensor shall be entitled to 100% of the so-called writers share of performance income in relation to
the public performance of the composition(s) and recording(s). In the event the writer is not already
registered with a copyright collection society, MOFILM may collect the writers share monies, but shall
pay 100% of such writers share royalties to the Licensor, less any subpublishers, sublicensees, agents,
collection agencies and performing and mechanical rights societies and other relevant third party
deductions, if any.
12. In the event of termination of this Agreement for any reason, Licensee shall have the right to continue to
administer and collect the gross receipts earned from use of the composition(s) and recording(s) in
accordance with the terms of this License Agreement and such rights of the Licensee shall not be
affected or terminated in any manner by any termination of this Agreement.
13. In the event that Licensor shall enter into an exclusive publishing agreement with another company,
Licensor (or Licensors exclusive publishing designee) shall be entitled to register any of the
compositions or recordings for which rights have been granted hereunder with alternative titles to those
titles with which Licensee has registered such composition(s) and recording(s). For the avoidance of
doubt, Licensor shall continue to be entitled to collect the publisher's share monies that arise from the
originally titled registrations of such composition(s) and recording(s) hereunder.
14. Licensee shall pay all sums due to the Licensor pursuant to this Agreement, including applicable fees,
twice annually. Licensee will notify the Licensor of all sums due to the Licensor within thirty (30) days
prior to 30 June and 31 December of each calendar year respectively. Payment shall be made thirty (30)
days following receipt by the Licensor of a valid invoice from the Licensee in respect of a previously
rendered statement. Any losses from one accounting period shall be carried forward into subsequent
accounting periods. Licensor shall have the right, during normal business hours and subject to the
provision of reasonable notice, to inspect Licensees books of account solely to the extent that the same
relate to the exploitation of the composition(s) and recording(s) hereunder. All accountings rendered by
the Licensee shall be binding and not subject to any objection unless specific written objection is
received by the Licensee within one (1) year from the date such accounting statement is rendered.
15. All rights granted by Licensor herein shall fully insure to the benefit of MOFILM, its subsidiary and group
companies, licensees, successors and assigns.
16. The individual person/legal entity signing as the Licensor hereunder will be deemed the sole provider of
the Master Recording(s). If any group has collaborated on a submitted item of content, the entire group
will be deemed to have designated the Licensor as the agent for such group to agree to these terms and

to accept all fees hereunder on behalf of the group. MOFILM and/or Brand Participant shall not be liable
for any dispute between such collaborators.
17. If either party waives any breach of this Agreement committed by the other party, such waiver shall not
be deemed to be a waiver of any subsequent similar breach or of any other breach at any time.
18. In the event of a dispute arising out of this Agreement, Licensors sole remedy shall be for monetary
damages and in no event shall the Licensor seek an injunction in connection with the use of the
composition(s) or the recording(s) under this Agreement and/or in relation to any licences granted by the
Licensee during the term of this Agreement.
19. This Agreement does not and is not intended to create any partnership, fiduciary or other professional or
employment relationship between the parties.
20. If any provision of this Agreement shall be determined by any court or other tribunal of competent
jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall nevertheless
continue in full force and effect. Termination of this Agreement shall not release either party from any of
its obligations hereunder which are intended to have a continuing effect.
21. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any of its
provisions.
22. All rights and obligations hereunder shall be construed and interpreted in accordance with the laws of
England and Wales and the Courts in London shall be the sole court of competent jurisdiction.

Licensor Signature

________________________________

Date

________________________________

Witnessed By

________________________________

Witness Signature

________________________________

THE FOLLOWING FORM IS IN RELATION TO CLAUSE 4

PLEASE ENSURE ALL RELEVANT PARTIES HAVE SIGNED

EXHIBIT A
ARTIST INFORMATION SHEET
Please have all rights holders sign below including master owner(s), publisher(s) and/or
Synchronization approval rights holder. Specify each role separately please.
By signing below, you confirm that you grant to the Licensee all usage rights on a fully-paid-up basis
and waive any moral rights you may have in Compositions/Recordings to allow unrestricted
worldwide usage of Compositions/Recordings synchronization with the Film in all media for all
lawful purposes in perpetuity.
Name

Signature

RoleDate
Artist/Performer

Email

Phone

Name

Signature

Role-Musician Date

Email

Phone

Name

Signature

Role- Backing
Vocalist

Date

Email

Phone

Name

Signature

Role-Song
Date
Writer/Composer

Email

Phone

Name

Signature

Role-Producer

Date

Email

Phone

Name

Signature

Role-Publisher

Date

Email

Phone

Name

Signature

Role-Sound

Date

Email

Phone

Engineer/Mixer

Performing Rights Organization

Writer

PRO ASCAP, PRS etc

CAE IPI #

WE DO NOT ACCEPT COVER SONGS OR SONGS CONTAINING SAMPLES!

Track List - This form is included in the Acceptance Package as a Word Doc so you can type it in if you prefer.
Fill out one form for each CD/Digital Album you submit. If you do not have a publisher you are considered self published.

Artist
Album Title
Track # Song Title

Publisher

Writer (s)

11 1

Track List - This form is included in the Acceptance Package as a Word Doc so you can type it in if you prefer.
Fill out one form for each CD/Digital Album you submit. If you do not have a publisher you are considered self published.

IN THE EVENT THAT THERE IS INSUFFICIENT SPACE ON THE SHEET ABOVE, PLEASE
PROVIDE REMAINING INFORMATION ON A SEPARATE ATTACHEMENT.