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, applications, websites, 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, AFM Sponsors, Hotel, and Theater. 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, any information, materials, or invitations from the sponsors of AFM Sponsored Events, including, but not limited to LocationEXPO^® and The AFM Sessions^TM. Participant may withdraw its consent to receive third-party communications at any time by notifying the applicable Sponsor and IFTA in writing and sent to info@ifta-online.org.

This is Notice to each Participant that approved photography and filming within the Hotel, Theater or within the AFM may occur at any time in any area during the AFM and Participant agrees that their 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 non-exclusive use and distribution in any manner of Participant’s name, biography, 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 photography or filming or any unauthorized photography or filming not done at the direction of IFTA. IFTA, Hotel or Theater 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). Each Participant agrees that any communication sent by them shall comply with all applicable laws related to its distribution. AFM is not responsible for any third-party communication, or its distribution and each Participant agrees to hold AFM harmless from any claims whatsoever.

Limitations on Liability of IFTA
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) any Theater screening facility or projectionist (physical or digital); (4) Hotel or hotel employee or guest; (5) mode of transportation, driver or passengers, or parking facility; or (6) other facilities or venues.

Indemnification of IFTA by Each Participant
All Participants including Exhibitors agree to all AFM Market Rules including but not limited to the AFM Guidelines, the Event Conduct Policy and the IFTA Privacy Policy  and  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    of    IFTA’s    agreements,    alleged    agreements    with    third-parties,     or     the     AFM Guidelines found at www.AmericanFilmMarket.com. All Participants also agree to abide by all posted or noticed rules or regulations of the Hotel or Theater including information posted at www.Palms.com and shall indemnify IFTA for all damages to it or the AFM.

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 AFM Guidelines or any Market Rule. 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.

Force Majeure
IFTA is not responsible for any Force Majeure events including without limitation to strikes, work stoppage, war or military activities, civil disorders, criminal conduct of others, weather, fire, flood, earthquakes, health outbreak, “acts of God”, act or order of any government, or any other events beyond IFTA’s reasonable control. IFTA shall not be responsible for crimes or negligence committed by any Person, including, but not limited to robbery, assault, battery, fire, water, or any accident whatsoever. Should loss by theft occur, Participant should report it immediately to law enforcement authorities and AFM security (“Force Majeure”).

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

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 and other materials provided to Exhibitor (also referred to as “Exhibitor Guidelines”). These Exhibitor Guidelines may be amended by IFTA at any time.

Buyer Guidelines
In addition to the AFM Market Rules, Buyers should refer to the Buyer Registration Form and other materials provided to Buyer (also referred to as “Buyer Guidelines”). These Buyer Guidelines may be amended by IFTA at any time.

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 (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.

Retroactive 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 October 11, 2024.

Companies that purchase an Executive 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 31^st 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, or Platinum Badge and the cost of a comparable Buyer Badge.  Executive Badge rebates will be based on Buyer Badge pricing. 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 no later than October 11, 2024. 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. 

Event 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 or concerning situations or conduct of any Participant that may be or is a violation of this Event 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 Participants, IFTA staff, speakers, exhibitors, or any event venue staff including AFM Security, Hotel, Theater or any other AFM vendor 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, and at IFTA’s sole discretion are subject to immediate expulsion from AFM and revocation of any Badge.

This Conduct Policy applies to all attendees and AFM 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 Conduct 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 in writing 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 AFM 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 AFM Participants, Hotel or Theater staff, and other third parties. 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 the Law or 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 who appears inebriated or who engages in conduct that interferes with the ability of other AFM Participants to participate in and enjoy the event. IFTA may remove any individual regardless of AFM Badge status 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 reserves the right to report the outcome of any investigation to individuals who have reported a violation of this Conduct Policy.

Temporary Office Space/Unauthorized Use of IFTA Trademarks
All AFM Exhibitors must reserve space through AFM. All AFM Exhibition Offices, Meeting Tables or Booths will be assigned in designated AFM areas within the Hotel. There is no offsite AFM Exhibition whatsoever. There shall be no unauthorized use of the IFTA owned or registered trademarks, IFTA, Independent Film & Television Alliance, American Film Market, AFM, Location Expo, The Film Catalogue or any other IFTA trademark or logo in connection therewith (“Trademarks”).  IFTA may rescind all rights and privileges of participation at a current or future AFM and in the event of a violation of this prohibition no refunds will be issued. IFTA reserves its rights and remedies under Law as to any use of its Trademarks.

Buyers and Members Lounge
Participants may not use the Buyers and Members 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 Buyers and Members Lounge is exclusively available to AFM Participants with AFM Badges marked Buyer or IFTA Members which are registered AFM Exhibitors (“Lounge”). Buyers and IFTA Members exhibiting at AFM as described above may utilize the specific AFM services offered in the Lounge and have periodic meetings, provided that no one shall use the Lounge as exhibition or permanent meeting spaces. Use of the Lounge by anyone 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 the Theater. All such unapproved promotional materials will be immediately removed by AFM security or Hotel or Theater staff. 

Hotel and Theater Rules and Policies and Compliance with Law
AFM Participants including AFM Exhibitors acknowledge that the Hotel may have certain privileged licenses and is subject to local, state and federal laws and regulations including with respect to casino gambling occurring at the Hotel, and Exhibitor agrees that it and its employees and guests will fully comply with these Laws and abide by and any Hotel policies posted or provided by the Hotel including any policies posted on its website www.palms.com.

Each Participant and Exhibitor acknowledges that parts of the Hotel are casino or bar spaces where gambling takes place and alcohol is served; no one under 21 years of age is permitted access. Exhibitor will not cause any device that will be placed in the Exhibition Space to produce undue noise or to be used in any manner that objectively interferes with another Exhibitor, Sponsor, or any Participant.

No AFM Participant or Exhibitor shall organize any type of gambling on the Hotel’s property including but not limited to raffles, contests, poker or any other casino game, sports betting or “pools” or any other games of chance. Each Participant and Exhibitor agrees that it will not create or distribute casino like “chips” on the Hotel’s property.  Exhibitor shall not use any scheme or device that is illegal, not within industry norms or standards, detrimental to AFM or the Hotel, in violation of the AFM Guidelines or any rules of the Hotel or in violation of Law.

Smoking is prohibited in the AFM areas and other designated areas inside the Hotel and Exhibitor agrees to abide by all posted signs. Conversely, each Exhibitor acknowledges that smoking may be allowed in designated areas of the Hotel and agrees that IFTA shall have no liability in connection therewith.

Exhibitors are strictly prohibited from using the Hotel’s trademarks or logo in any manner except to provide the name of the Hotel as the location of its AFM Exhibitor Office. IFTA reserves the right to require immediate cessation of any activity and removal of any item in violation of the AFM Guidelines. All Participants agree to abide by the rules and instructions of the Theater.

Violation of any AFM Market Rule or Hotel or Theater Rule or Policy, or of any Law could result in loss of access to AFM Exhibition Space or AFM Badge, or any AFM or Hotel service and revoked Badges for the current and future AFM(s).

Each Exhibitor shall be responsible for all maintenance of its Exhibition Space. Exhibitor shall maintain the Exhibition Space in a clean and orderly manner and take reasonable steps necessary to prevent injury or damage to another Person or property. If a violation of any AFM Rule or Hotel policy occurs, Exhibitor agrees to pay all amounts necessary to return the room or Hotel to its original condition including but not limited to any cleaning fees or replacement of any furniture or device provided by the Hotel or IFTA.

Talent Appearances.
While the Hotel permits talent appearances for meetings and marketing activities in the AFM Exhibition Spaces, such appearances must be advised to IFTA to ensure that the Hotel is notified, and any necessary approvals are in place. No performances of any kind by talent in the Hotel areas outside of AFM nor the public billing of an “appearance” at the Hotel are permitted.  Please contact Jennifer Garnick in the AFM Press Office (jgarnick@ifta-online.org) to coordinate any talent appearances at AFM. You will also be advised of filming and photography restrictions as described below.

No Filming or Photography Without Authorization.
The Hotel prohibits all commercial filming and photography without authorization. The Hotel prohibits non-commercial filming and photography outside the AFM premises without authorization. Please contact Jennifer Garnick in the AFM Press Office for information regarding filming or photography in the Hotel or the Theater at jgarnick@ifta-online.org for more information.

No Use of Drones.
The use of drones for any reason including but not limited to filming, photography, or marketing during AFM on the Hotel or Theater property is strictly prohibited.

No Unapproved Use of IFTA’s or AFM Vendors Trademarks.
No Participant may use IFTA Trademarks without written permission from IFTA. IFTA Trademarks include American Film Market, AFM, The Film Catalogue, LocationEXPO, IFTA, Independent Film & Television Alliance, or any other IFTA trademarked, copyrighted, or otherwise proprietary materials. As part of their benefits package, AFM Exhibitors and AFM Sponsors are provided with a marketing tool kit that has IFTA Trademarks that may be used on a non-exclusive, non-derogatory basis in connection with their exhibition at AFM.

No Participant may use the trademarks, copyrights, nor proprietary materials of AFM vendors including but not limited to the Hotel and the Theater without their express written permission.

No Outside Food and Beverage
All food and beverage services to Exhibition Offices and spaces must be ordered through Hotel’s room service or Catering Department. Certain AFM discounts may be available.  Alcoholic beverages of any type must be purchased from and served by the Hotel staff.  Participants including AFM Exhibitors are strictly prohibited from bringing outside alcoholic beverages into the Hotel including any AFM Exhibition Office and each Participant agrees to comply with this prohibition. The Hotel has the right to inspect all pallets, boxes or containers coming on to or into the Hotel property including but not limited to its parking facility, private driveways, lobby, loading dock or business center and exclude any items that violate this or any other prohibition of which it may notify any AFM Exhibitor or Participant. Any Participant who violates this prohibition may have its Badge revoked with no refund due.

Hotel Parking
Complimentary Self-parking is available at the Hotel at Participant’s sole risk and IFTA shall have no liability whatsoever to any Participant or any vehicle in connection with parking.  All Participants shall comply with all signs and instructions in the parking facility.  

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 a 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-transferable 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 AFM or any AFM service. 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 any IFTA, AFM, LocationEXPO, or The Film Catalogue application, website, or communication 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; or (7) Any other act which IFTA determines, in its sole discretion, may compromise the integrity of the AFM including but not limited to the ineligibility of sales and distribution companies which otherwise would qualify to participate in AFM as an AFM Exhibitor, but have not done so, to participate in AFM as an Attendee or Participant including through the use of transferable Badges.

If a Participant’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.

The AFM Sessions
All attendees of The AFM Sessions are considered Participants. Access to The AFM Sessions in the Hotel or Theater requires an AFM Sessions ticket, AFM Platinum or AFM Plus Badge.  The AFM Sessions ticket sales are final and non-refundable. The AFM Sessions attendees must be 18 years of age or older. 

Minors
No one under 18 is permitted in AFM areas unless pre-arranged and badged by IFTA as an AFM Participant. All Participants under 18 years of age must be always accompanied 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. Parent or guardian of any minor at AFM expressly consents to the use of their or their child’s name, biography, likeness, voice, and image as well as the collection of their child’s data to process any Badge or allow entry into AFM.

Participants under 18 years of age are not permitted to attend any The AFM Sessions, 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 The AFM Sessions, special events, AFM Lounges, and AFM programs. Participants under age 21 are prohibited in the casino and bar areas.

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 about 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.

No Liability for IFTA with respect to any AFM Screening
Each Participant shall be solely liable for all materials provided with respect to any AFM Screening. In no event shall IFTA or Theater be liable for any error or omission with respect to erroneous or incomplete materials provided by Participant or for any claim including but not limited to copyright regarding the content of any Motion Picture, any claims under state law including but not limited to name, likeness, voice and biography, or its screening of the Motion Picture at the AFM Screenings. In addition, each Participant that requests an AFM Screening represents and warrants to IFTA and the Theater that Participant: (i) is the copyright owner of the Motion Picture to be screened or has obtained the required licenses, permissions and authorizations from the rightsholders for all materials in the Motion Picture provided for such AFM Screening; has current media or errors & omissions insurance sufficient to cover any claim or alleged claim arising out of any AFM Screening of the Motion Picture; and (iii) agrees to indemnify IFTA and the Theater for any claim, amounts, or damages to IFTA with respect to any Motion Picture submitted and/or screened at the AFM Screenings, including IFTA’s or Theater’s reasonable attorneys’ and filing fees.

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.