NOVEMBER 1 - 6, 2022 • Santa Monica

AFM Guidelines

AFM Guidelines

Guidelines for All Participants

Notice to Each Participant
Express Consent by Participant
Communications Sent by Participant
Limitations on Liability of IFTA / Indemnification of IFTA by Each Participant
Exhibitor Guidelines
Buyer Guidelines
Buyer Accreditation
Badge Refunds
Accessibility
AFM® COVID Mitigation Measures

Event Attendee Conduct Policy

Temporary Office Space
Buyers Lounge
Distribution of Approved Publications
No Distribution of Unapproved Promotional Material
AFM Badges
AFM Conferences
Minors
AFM Screenings and Disputed Rights
AFM Definitions

Notice to Each Participant
The American Film Market® (“AFM®”) is owned and operated by the Independent Film & Television Alliance® (“IFTA®”), a nonprofit mutual benefit corporation registered in the State of California. Exhibitors, Buyers, Attendees, Sponsors, Affiliates, Press (as defined below) or any other party who may register or attempt to register to participate at the AFM including at any conferences, panels, and workshops, or who may otherwise utilize the facilities or services of the AFM or IFTA, including Approved Publication distributors (“Participant” or “Participants”), and all of Participant’s employees, agents, consultants, and guests, agree to abide and be bound by all IFTA and AFM policies, rules, regulations, these AFM Guidelines including, specifically the Event Conduct Policy and any written instructions of the AFM (individually and collectively referred to as the “AFM Market Rule(s)”). As the owner and operator of the AFM, IFTA has the right in its sole discretion to apply and interpret each AFM Market Rule. All Participants expressly agree that in the event of a dispute regarding the validity, interpretation or performance of any AFM Market Rule, California Law shall govern and the state and federal courts in Los Angeles County, California shall have exclusive jurisdiction over the dispute.Failure to comply with the AFM Market Rules may result in revocation of previously granted Badges and/or prohibition of the Participant and/or its Affiliates, employees, agents, consultants, and guests from participating at current and future AFM(s). In the event of such revocation, IFTA shall have the absolute right to prohibit entry to the AFM, including Exhibitor’s Exhibition Space. In such an event, the Participant shall not receive a refund or rebate of any fees previously paid to IFTA, nor shall IFTA be responsible in any way for any of the costs which the Participant may have incurred in connection with, preparation for, or attendance at the AFM.

All Participants shall be responsible for their costs and fees associated with participating in the AFM, including but not limited to, all fees associated with Exhibitor, Buyer, and Attendee registration and participation, sponsorships, screening fees, costs associated with any type of AFM Badge, equipment and furniture rental fees, and any other costs or fees assessed in association with participating at the AFM. Regardless of any third-party payment(s) made to IFTA each Participant is responsible for payment(s), related charges, and fees in connection with their participation in AFM. IFTA has the right to confirm the identification of any third-party payer and its relationship to the Participant. Except for AFM Exhibitors, no Participant, nor any of its employees or other representatives, or its invitees, shall engage in any business activity as a sales agent, licensor, distributor or otherwise related to sales or licensing of Motion Pictures during the AFM.

Express Consent by Each Participant
Each Participant expressly consents to having its name, company information and/or other contact information including email and social media addresses disclosed in AFM publications or electronic communications, including the AFM website and screening attendance reports. Each Participant further expressly and affirmatively consents to receive via facsimile, email or any other means, information, or materials from the AFM, IFTA, the IFTA Foundation, and AFM Sponsors. Participant may withdraw this consent at any time by notifying IFTA in writing. Participant further consents to receive via facsimile, email or any other means, information, materials, or invitations from the sponsors of AFM Sponsored Events, including, but not limited to LocationEXPO® and AFM ConferencesTM. Participant may withdraw its consent to receive third-party communications at any time by notifying the applicable Sponsor in writing. Notices that photography and filming may occur at any time in any area of any AFM location during the AFM will be posted at AFM locations. Participant’s presence at any AFM location or event shall be construed as Participant’s express consent to any photography or filming in connection with the AFM, including but not limited to the use and distribution of Participant’s name, voice, image, and likeness for AFM marketing purposes. The disclaimer inures only to the benefit of IFTA and does not constitute consent by IFTA or any Participant to third party filming or filming not done at the direction of IFTA. IFTA may prohibit third party filming at any AFM location or event at any time during the AFM. For more information about how to set your privacy preferences, please see the Privacy Policy at http://americanfilmmarket.com/privacy-policy.

Communications Sent by Participant
Any communication sent by Participants within the U.S. with respect to the AFM shall comply with the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act). Any international communication sent by Participants with respect to the AFM shall comply with all applicable local laws. AFM is not responsible for any third-party communication and each Participant agrees to hold AFM harmless from any claims whatsoever.

Limitations on Liability of IFTA / Indemnification of IFTA by Each Participant
IFTA is not responsible or liable in any way whatsoever for any claims by or costs incurred by Participant arising from any activity, performance, failure to perform or negligence of any (1) AFM Participant, third party, or person during the AFM, (2) vendor, supplier, utility including any communication service or website that IFTA may offer to Participants including but not limited to AFM Screenings on Demand, The Film Catalogue, and LocationEXPO; (3) screening facility or projectionist (physical or digital); (4) hotel or hotel employee or guest; (5) mode of transportation, driver or passengers; or (6) other facilities or venues.

IFTA is not responsible for any Force Majeure events including without limitation, any strike, work stoppage, war or military activity, civil disorder, criminal or negligent conduct of any person or company, weather, fire, flood, earthquake, health outbreak or government requirement in connection therewith, act of government, act of God or any other event beyond IFTA’s control, or any accident or omission whatsoever.

Participants should immediately report any crime or conduct of concern to law enforcement authorities and AFM security.

All Participants shall indemnify and hold harmless IFTA, its subsidiaries and divisions, officers, directors, employees, and agents from and against any and all claims, damages and liabilities (including reasonable attorneys’ fees) relating to or arising out of any breach or alleged breach by Participant of any agreements it may have with IFTA or these Guidelines. All Participants shall further indemnify and hold harmless IFTA, its subsidiaries and divisions, officers, directors, employees, and agents from and against any and all claims, damages and liabilities (including reasonable attorneys’ fees) relating to or arising out of any request by a Participant for IFTA’s assistance with a Participant’s personal property or rented equipment, including transporting such personal property or rented equipment.

Exhibitor Guidelines
In addition to the AFM Market Rules, Exhibitors should refer to the Exhibition Agreement for the specific terms and conditions of exhibition at AFM.

Buyer Guidelines
In addition to the AFM Market Rules, Buyers should refer to the Buyer Registration Form.

Buyer Accreditation
Each Participant attending the AFM as a Buyer must be:

  1. Retained or employed by a company which has contracted with one or more IFTA Members for such company to distribute in at least one audio-visual medium a total of at least three Motion Pictures during the three years immediately before the AFM; or
  2. Retained or employed by a company which has contracted with one or more IFTA Members for such company to sub-distribute (i.e., re-license) in at least one audio-visual medium a total of at least three Motion Pictures during the three years immediately before the AFM.

Buyer accreditation will not take place during AFM. To apply for accreditation, the Accreditation Form, available at Buyer Accreditation – American Film Market must be submitted no later than one month prior to the first day of the applicable AFM.

Companies that purchase an Executive Badge, Executive Plus Badge or Platinum Badge may apply for buyer accreditation retroactively following the corresponding AFM. For consideration, applicants must apply for buyer accreditation on or before January 31st of the year following the AFM. If a company is approved in writing by AFM as an Accredited Buyer under the AFM Market Rules, the company may request a rebate for the difference between the amount paid for the Executive Badge, Executive Plus Badge or Platinum Badge and the cost of a comparable Buyer Badge. Executive Badge rebates will be based on Buyer Badge pricing. Executive Plus Badge and Platinum Badge rebates will be issued against the cost of the Buyer Plus Badge. Rebates are available only for current employees of an Accredited Buyer.

Badge Refunds
Buyer Badges will be fully refunded provided that a written request for a refund is received by AFM at least twenty-seven (27) calendar days prior to the start of the applicable AFM. For requests received after such date but no later than thirty (30) calendar days after the end of the applicable AFM, a credit may, at IFTA’s sole discretion, be provided which may be used toward a credential of equal or greater value for the next subsequent AFM. Such credit is valid only for the next subsequent AFM and for use by the same Accredited Buyer, which shall be subject to verification by AFM. No other transfer of credentials or payments are permitted.

Accessibility
It is the policy of AFM that barriers of any type should not exclude people from attending or participating. Please see Accessibility at https://americanfilmmarket.com/accessibility for more information.

AFM® COVID Mitigation Measures
The American Film Market® complies with local, state and federal laws. Current regulations do not require that AFM participants wear masks inside the Santa Monica Loews Hotel. Persons who test positive for COVID are asked to avoid contact with other people until symptoms abate [quarantine] and a negative test result has been reported.

AFM recognizes the ongoing risks of COVID and is taking steps to minimize those risks. Each venue will be cleaned appropriately and will be equipped with hand-sanitizing stations as well as restrooms that are available to all participants. We encourage all participants to wear masks in all locations and to consider their own personal risk factors and take steps to protect themselves through masking, use of disinfecting spray and sanitizers, and rapid Covid-19 tests to monitor their health.

Event Attendee Conduct Policy
IFTA is committed to providing a safe, productive, and harassment-free meeting environment at the American Film Market and other IFTA-sponsored events. IFTA holds these events to promote industry deal-making, learning, professional development, and networking opportunities. IFTA promotes equal opportunities and treatment for all participants. All Participants are expected to treat others with respect and consideration, follow all Market Rules, and alert staff or security of any dangerous situations, violations of this Conduct Policy, or of anyone in distress.

IFTA prohibits any form of harassment, sexual or otherwise. Accordingly, some behaviors are specifically prohibited, whether directed at other attendees, IFTA staff, speakers, exhibitors, or event venue staff: (1) Harassment or discrimination based on race, religion, age, gender, sexual orientation, gender identity, gender expression, disability, ethnicity, national origin, or other protected status; (2) Sexual harassment or intimidation, including unwelcome sexual attention, stalking (physical or virtual), or unsolicited physical contact; or (3) Yelling at, threatening, or personally insulting speakers (verbally or physically). Participants asked to stop engaging in hostile or harassing behavior are expected to comply immediately.

This Conduct Policy applies to all attendees and participants at any IFTA-sponsored event, including in online venues, and at IFTA-sponsored meeting social events. All who register to participate, attend, speak at, or exhibit at AFM or another IFTA event agree to comply with this Policy. Harassment or other violations of this Conduct Policy should be reported immediately to AFM staff or security present at the event or meeting and to IFTA’s General Counsel, Susan Cleary at scleary@ifta-online.org. IFTA may involve event security and/or local law enforcement, as appropriate based on the specific circumstances. Event attendees and participants must also cooperate with any IFTA investigation into reports of a violation of this Conduct Policy by providing information requested by IFTA that is relevant to IFTA’s investigation.

At AFM and other IFTA events, participants often combine professional activities with social interaction with other participants, venue staff, and other attendees. While IFTA encourages such networking and strengthening of connections between participants, IFTA reserves the right to remove any AFM Participant whose social behavior is inappropriate, unwelcome, or violates this Conduct Policy, including, but not limited to continuing such behavior after notified that the behavior is unwanted, inappropriate or violates this Conduct Policy. IFTA also reserves the right to remove any participant or attendee who appears inebriated or who engages in conduct that interferes with the ability of other attendees to participate in and enjoy the event. IFTA may remove any individual from attendance or other participation in AFM or any IFTA-sponsored event without warning or refund. If IFTA, in its reasonable judgment, determines that an individual has violated this Conduct Policy, IFTA may also prohibit the individual from attending or participating in future IFTA events and may also notify the individual’s employer of IFTA’s finding of a violation. IFTA will also report on the outcome of any investigation to individuals who have reported a violation of this Conduct Policy.

Temporary Office Space
No Participant except an AFM Exhibitor may retain temporary space (one month or less) used as an office for the conduct of the business of sales or licensing of Motion Pictures within twenty-five (25) miles of the AFM during the AFM or use the AFM trademark or logo in connection therewith. IFTA may rescind all rights and privileges of participation at a current or future AFM in the event of such occurrence.

Buyers Lounge
Participants may not use the Buyers Lounge to set up displays, distribute materials, reserve tables and/or chairs, or refer to it as its office location in marketing materials or advertising, print or electronic. This Lounge is exclusively available to AFM Participants with AFM Badges marked Buyer. Buyers may utilize the specific AFM services offered in the Buyers Lounge and have periodic meetings, provided that no Buyer shall use the Lounge as exhibition or permanent meeting spaces. Use of the Buyers Lounge by any Buyer for permitted purposes shall not exceed a daily limit of three (3) hours per Participant.

Distribution of Approved Publications
The only publications distributed during AFM to attendees are those publications that are expressly identified and approved by AFM for distribution in accordance with a fully executed Distribution Agreement or Media Barter Agreement with IFTA (“Approved Publication”). The right to distribute an Approved Publication may not be sold, assigned, or sublicensed to a third party for any reason whatsoever.

No Distribution of Unapproved Promotional Material
IFTA has the sole right to control all activities and advertising at AFM. IFTA may eliminate, cover, or otherwise exclude any logos, images, voices, or statements that may directly or indirectly offend the public, present false or misleading information or for any other reason. Unapproved promotional materials shall not be distributed by any Person, nor left in the Hotel hallways, elevator lobbies, bathrooms, or anywhere on the Hotel property or in any other designated AFM area, including screening facilities. All such unapproved promotional materials will be immediately removed by AFM security.

AFM Badges
AFM Badges (“Badges”) must always be worn and displayed during the AFM and shown to AFM security whenever requested by AFM security. A Badge allows access to most AFM screenings but does not guarantee access to every AFM screening. Badges shall be displayed to AFM security when accessing restricted areas of the AFM. If any Participant wears a Badge other than their own, AFM security will ask the Participant to surrender the Badge. Failure to comply with such request may result in the Participant being barred from participating in a current or future AFM(s). Surrendered Badges will not be returned to the Participant; however, if the surrendered Badge belongs to an Exhibitor, the Exhibitor will be contacted regarding the surrendered Badge.

Lost or stolen non-transferrable Badges must be reported to AFM security and there may be a 24-hour period before a new Badge is issued. IFTA is not required to issue a replacement Badge. IFTA will not issue a replacement for lost or stolen transferrable Badges.

Counterfeit badges are strictly prohibited. If any Person is found wearing a counterfeit badge, AFM security will ask that Person to surrender the counterfeit badge, that Person will be excluded from the restricted areas of the AFM, and the Person will be denied access to the public space of the Hotel. Any Participant found to have produced, used, distributed, authorized, sold or in any other way participated in the use of a counterfeit badge will be subject to fines or other sanctions, including prohibiting such Participant, its Affiliates, and/or any of its employees from participating in a current or future AFM(s). The AFM, including AFM security, may refer such individuals and organizations to law enforcement authorities in its sole discretion.

AFM may revoke previously granted Badges and/or prohibit an entity, its Affiliates, all its employees, and/or an individual from participating in a current or future AFM(s) for, including but not limited to, the following reasons: (1) Participants who breach the safety and security of the AFM including in IFTA’s sole discretion violating the Event Conduct Policy, which includes, but is not limited to, threats to other Participants, IFTA/AFM staff, Hotel staff, or any Person whatsoever, possession of weapons, or violations of general security concerns at the AFM, or who engage in behavior which IFTA determines, in its sole discretion, to be harassing, including but not limited to offensive verbal comments related to gender, age, sexual orientation, disability, physical appearance, body size, race, religion, displaying pornographic images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention; (2) Participants who have been convicted of criminal copyright infringement; (3) Participants who have infringed the intellectual property rights of IFTA or the AFM, including but not limited to unauthorized use of IFTA’s registered trademarks or copyrighted works; (4) Participants who violate any Terms of Use found on the IFTA, AFM, MYAFM, LocationEXPO, or The Film Catalogue websites, as well as these AFM Guidelines and/or the AFM Market Rules; (5) Participants who have outstanding unpaid invoices to IFTA; (6) Participants who have been prohibited from participating in AFM due to any failure to comply with the AFM Guidelines; (7) Any other act which IFTA determines, in its sole discretion, may compromise the integrity of the AFM.

If a Participant or Person’s Badge is revoked, IFTA shall have the absolute right to prohibit their entry into the AFM. Also, in such event, there shall be no refund or rebate of any fees previously paid to IFTA relating to the AFM, nor shall IFTA be responsible in any way for any of the costs which the company, or such Persons, may have incurred in connection with, preparation for, or attendance at the AFM.

AFM Conferences
All attendees of the AFM Conferences are considered Participants. Access to the AFM Conferences requires an AFM Platinum or Plus Badge. AFM Conference ticket sales are final and non-refundable. Conference attendees must be 18 years of age or older.

Minors
All Participants under 18 years of age must be accompanied at all times by an adult Participant who has his or her own Badge. Participants 14 years of age and older must purchase a Badge. Participants between 2 years and 14 years of age will be provided with a complimentary Badge which allows access to the show floors. A Badge is not required for infants or toddlers in strollers who are accompanied by an adult Participant who has his or her own Badge. Proof of age may be required.

Participants under 18 years of age are not permitted to attend any AFM Conferences, special events, AFM Lounges or other AFM programs. This AFM Market Rule applies even if the accompanying adult Participant has purchased a Badge that includes access to such AFM Conferences, special events, AFM Lounges, and AFM programs.

AFM Screenings and Disputed Rights
Any dispute between two or more parties concerning which party or parties owns or controls rights to a Motion Picture for purposes of AFM screenings shall be resolved in IFTA’s sole discretion and may include a determination in IFTA’s sole discretion not to allow one or more parties to screen such Motion Picture at the AFM unless and until IFTA is satisfied that such dispute has been fully resolved. Any determination by IFTA with regard to such dispute is not a legal determination as to ownership of rights but relates solely to screening the Motion Picture at AFM. In no event shall IFTA be liable for any amount more than the amount paid to screen the Motion Picture at AFM.

Each Participant shall be solely liable for all materials provided with respect to any AFM screening. In no event shall IFTA be liable for any error or omission with respect to erroneous or incomplete materials provided by Participant. In addition, Participant represents and warrants that it has obtained the required permissions and authorizations for all materials provided with regard to such AFM screening.

If there is any type of dispute with respect to a Motion Picture including whether a Motion Picture may be screened, sold, or marketed by a Party, IFTA will abide by an order of a court of proper jurisdiction regarding handling such dispute.

AFM Definitions

“Accredited Buyer” means a company that has been qualified in writing by AFM.
“Affiliate” means a company that is owned or controlled by another entity. For purposes of this definition, “owned by” means ownership of shares of stock or other evidence of ownership in an amount exceeding 50%. “Controlled by” means that one company has the authority to determine the business decisions of another entity.
“AFM Sanctioned Venue” means space that is acquired and used for exhibiting at the AFM, pursuant to a fully executed Exhibition Agreement, which is not located in the Hotel.
“Approved Publication” means a publication that is expressly authorized for distribution at the AFM pursuant to a fully executed Distribution Agreement or Media Barter Agreement with IFTA.
“Attendee” means any Participant at the AFM with an Attendee Badge.
“Badge” or “AFM Badge” means the physical credential issued by AFM that must be always worn and displayed by Participants during the AFM and shown to AFM security whenever requested by AFM security.
“Buyer” means a Person employed or retained by an Accredited Buyer who participates at the AFM with a Buyer Badge.
“AFM Conferences” refers to The AFM Sessions and includes all conferences, sessions, panels, workshops, and presentations, however denominated.
“Exhibitor” means a company and its employees that participates at the AFM under an Exhibitor Badge and pursuant to an Exhibition Agreement with IFTA.
“Hotel” means the Loews Santa Monica Beach Hotel.
“Motion Pictures” means feature length films or television programs.
“Office” means a hotel room or meeting room in the Hotel used as Exhibition Space.
“Person” means any natural person or legal entity.
“Press” means a Person who has been qualified in writing by the AFM Press Office and participates at the AFM with a Press Badge.
“Sponsor” means a company that participates at the AFM under a sponsorship Badge and pursuant to a Sponsorship Agreement with IFTA.
“Subsidiary” means a brand, label, or wholly owned entity which is 100% owned by the Exhibitor.