Notice to Each Participant
Failure to comply with the AFM Market Rules may result in revocation of previously granted Credentials 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. Also, in such event, the Participant shall not be entitled to 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 solely 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 Credential, rental fees, and any other costs or fees assessed in association with participating at the AFM. If any fees or deposits are paid by a third party or charged to a third-party account, it is understood and agreed that the Participant is ultimately responsible for payment of any charges and that 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 activity as a film sales agent during the AFM.
Express Consent by Each Participant
Communications Sent by Participant
Any communication sent by Participants within the U.S. with respect to the AFM shall be in compliance 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 be in compliance 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
There are no refunds in connection with any AFM 2021 purchase. IFTA is not be liable for the activities, performance, or failure to perform of any Participant; nor is IFTA liable for the actions, inactions or negligence of any Participant whatsoever for violation of any Market Rule.
IFTA shall not be liable for any aspect of any service or website that IFTA may offer to Participants including but not limited to AFM2021.online, AFM Screenings on Demand, The Film Catalogue, and LocationExpo.
IFTA’s Limitation of Liability includes but is not limited to actions, inactions or negligence of Participants, projectionists, suppliers, utilities, vendors, all screening facilities, whether physical or digital, hotels, transportation, and other facilities and/or parties, and force majeure events including without limitation strikes, work stoppage, war or military activities, civil disorders, criminal conduct of others, weather, fire, flood, earthquakes, acts of God, or any other events beyond IFTA’s control.
IFTA shall not be liable for crimes or negligence committed by any Participant, including but not limited to robbery, assault, battery, fire, water or any accident or omission whatsoever. Should loss by theft occur, cooperation of the Participant is requested by reporting it immediately to law enforcement authorities and AFM security.
Indemnification of IFTA by Each Participant
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 including the Event Conduct Policy and all other Market Rules. 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 used for online participation in AFM 2021.
Each Participant attending the AFM as a Buyer must be:
- 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
- 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 http://americanfilmmarket.com/buyer-accreditation/, must be submitted no later than one month prior to the first day of the applicable AFM.
AFM 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 that will be provided online. 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) or any other Participant. Any Participant who is asked to stop engaging in hostile or harassing behavior is expected to comply immediately.
This Conduct Policy applies to all attendees and participants at any IFTA-sponsored event, including in online venues. All individuals who 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 IFTA meetings staff or security present at the event or meeting and to IFTA’s General Counsel at firstname.lastname@example.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 the investigation.
At AFM and other IFTA events, participants often combine professional activities with online social interaction with other participants, staff, and other attendees. While IFTA encourages such networking and strengthening of connections between participants, IFTA reserves the right to remove from any physical or online event any participant whose social attentions become unwelcome to another and who persists in such attentions after their unwelcome nature has been communicated. IFTA also reserves the right to exclude 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, exclude or delete the account or profile of any Participant violating this Conduct Policy and exclude from online attendance or other participation in AFM or any IFTA-sponsored event without prior 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 that they have been subject to a violation of this Conduct Policy.
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 in excess of 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.
“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.
“Attendee” means a Person who participates at the AFM with an Attendee Credential.
“Credential” or “AFM Credential” means the l credential issued by AFM along with any codes or passwords to participate in AFM 2021, none of which may be shared with anyone other than the Participant.
“Buyer” means a Person employed or retained by an Accredited Buyer who participates at the AFM with a Buyer Credential.
“Exhibitor” means a company and its employees that participates at the AFM under an Exhibitor Credential and pursuant to an Exhibition Agreement with IFTA.
“Motion Pictures” means feature length films or television programs.
“Office” means an online presence through webpage, profiles and other means used for Exhibition excluding any private business meeting held in person, or online, at any time during AFM.
“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 Credential.
“Sponsor” means a company that participates at the AFM under a sponsorship Credential and pursuant to a Sponsorship Agreement with IFTA.
“Subsidiary” means a brand, label or wholly owned entity which is 100% owned by the Exhibitor.