Legal

Participants.

Creator Licensing.

Creator licensing is a way for content creators to promote themselves on digital channels. Creators benefit from extended reach and less work, while brands can leverage data to create content that’s more effective for their customers.

Creator licensing can be a great way for content creatives to get more exposure and creates opportunities in other areas.

As a participant you take part in creating a new work of media. This makes you a co-creative.

By default, this gives you partial copyright privileges and you own intellectual rights to the extend in which you participate in an intellectual capacity. This applies to Candice Storm and Design in Focus, and it’s current and future creative stakeholders. All are bound to the same responsibilities and have the same rights. Your work may not be altered without your consent and you may not alter the final works without consent.

Below follows the mandatory agreement contract that you must sign to participate. Please review this section before onboarding because there can be consequences for not understanding the full scope of our endeavours.

1. PRODUCTION

1.1. You confirm that you are acting within your own capacity and that you are experienced in the topic(s) you are discussing.

1.2.  After we finalise the Work, we shall have the right (in our sole discretion) to determine whether or not to distribute (publish, broadcast, or otherwise distribute) it.  

However, you will be the first to listen to it, and you have the right to approve or decline the publication of it.  If you agree to this contract, you give consent to Design in Focus to use the Work, we advise you to listen to the Work several times (even if it takes a few days) and share it with people you trust to help you decide if it aligns with your goals and objectives.  We would require you to provide us with a valid reason for declining publication as work is done and resources are spent to produce the final work.   

1.3.  You agree to provide us with background information, including fact-checking materials, data, technical information, information about subjects or any other materials or information related to the Work that we reasonably request.

Our main goal is to create multimedia content that demonstrates the value and impact of Creativity, Innovation and Design as such any and all info provided by you must adhere to this.

2. FUNDING AND PAYMENTS

2.1.  Neither us nor you are currently financially rewarded for our collective contribution, and the rewards are conceptually based on sharing professional knowledge and creating content which demonstrates the value and impact of our industry to showcase our knowledge and understanding. 

2.2.  All profits derived from this work will be shared and according to contribution.

Design in Focus as the producer. To cover the costs of production, hosting, marketing, & distribution, we will first use incoming monies to compensate costs incurred, the remaining money will be split equally and divided as indicated below.

· Candice Storm as a professional.  To reward her for her time and effort.

· You as a professional.  To reward you for your contribution.

· Any additional professionals and persons who may work on the project to reward them for their contribution. (Audio engineers or Music / Art producers etc)

· Design in Focus as an organisation. To grow the concept and ensure the continuation of the organisation. 

2.3. Kill Fee.  After we have recorded our session, you may decide to decline the finalisation of the Work.  Once we start working to finalise the Work and we start spending time and effort to cut and edit it into the required formats and spend money to do so, we will have the right to request compensation for this in the event that you may wish to kill the Work.  

Please be aware of this during production so that you can end it right away before we start wasting valuable resources.  We will ask you if you are happy with the recording and if we may continue at the end of each session.  Your response, if positive, will be an automatic indicator for us to continue and start finalizing. 

The kill fee will amount to the total hour rate, which is €52.00 excluding VAT for Candice Storm AND if applicable the hour rate of any other contributor ASWELL as any additional costs incurred. 

The kill fee does not apply to the situation outlined in section 1.2. When we have created the final product and have send it over for your final approval, you may decide to decline the publication of it based on *valid criteria. 

* It would be unfair for us to have done so much work then have it stopped for no good reason. Please be as respectful to us as we are to you.

2.4. Design in Focus is currently funded by Candice Storm who can not 100% guarantee the financial stability of the organisation, and therefore, cannot guarantee that the Work will be finalised, published, or marketed and when finalised, published, and marketed, she cannot ensure that it will remain active on all channels indefinitely.

3. OWNERSHIP, COPYRIGHTS & CREDITS

3.1. Design in Focus is the Author and Owner of all media and content created.

3.2. Copyright: You retain partial copyright in the Work alongside all other contributors.

3.3. Grant of Rights: You grant us the following rights in the Work: a perpetual, worldwide agreement to publish, reproduce, distribute, display, perform, transmit, transcribe or disseminate the Work, in all station-branded formats, media or platforms whether now known or hereafter invented.

3.4. Exclusivity: The rights granted shall be exclusive to us and any rights granted to anyone outside of Design in Focus must have the approval of Candice Storm who is also represented in the work personally and who does not authorise the use of her work outside of her knowledge.

3.5. Assignability of Rights: We may assign the rights you are granting to us to third parties to the extent that we make our content available through station-branded platforms, including social media, apps, state or regional broadcast networks, or other station branded media.  We shall always inform you in any events that we do.

3.6. Credits: We agree to credit and promote each other on-air and in after-broadcast and other media uses consistent with industry practice to include acknowledgement that the Work was originally created by Design in focus.

3.7. Awards: If Design in Focus or others desire to submit the Work for a contest or award, we will notify the other so we can coordinate submissions. We each agree to give the other appropriate credit.

3.8. Name and likeness: You grant us the right to use your name, likeness and biography for all editorial, publicity and promotional purposes in connection with the Program, Deliverables, or Station in general, in any manner or media whether now known or hereafter developed.

We shall notify you every time an addition is made, and we will share with you also assets relating to the Work.  You may not change the work in any way without our consent.  Just as Candice Storm promises to not use your image or work outside of your knowledge, you too shall be obliged to do the same.  In the event of the unlawful usage of the image and work co created by Candice Storm, any and all relating costs will be paid by you.

4. PRODUCTION TERMS

 4.1 You will notify us of all distribution (such as broadcast) rights that need to be cleared for the distribution of the Work, such as music, performance, or literary rights clearances.

 4.2 If appropriate to your Work, you will provide us with documents such as releases, clearances, permission forms, etc.

5. WARRANTIES AND INDEMNITIFICATION

5.1 You represent and warrant that:

5.1.1 The Work is your own original work.

5.1.2 The Work is factually accurate.

5.1.3 The Work is not defamatory.

6.1.4 The Work does not infringe on anyone’s intellectual property; privacy, or publicity rights, and does not plagiarize another’s work.

5.1.5 If appropriate, that the subjects of the Work have assented to their participation and to the broadcast of their voices.

5.1.6 If you include any material in the Work that is not original to you, you will notify us in advance, and assist us in obtaining any necessary clearances, rights, licenses or releases.

5.1.7 You have the knowledge and authority to enter into this Agreement.

5.2 We shall indemnify you against claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) that result from any unauthorized use of the Work by us, or from any breach of our representations, warranties or obligations.

5.3 You shall indemnify us, including our sub-licensees, employees, agents, and assignees against claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) that result from any breach of your representations, warranties or obligations.

5.4 If a claim is made against either party arising out of the use of the Work, the other party agrees to cooperate fully, as needed, to defend against it.

6. GENERAL PROVISIONS

6.1. This Agreement represents our entire understanding relating to the subject matter of this Agreement and supersedes and replaces any previous documents, correspondence, conversations, or other written or oral understandings. This Agreement may be modified only in writing and must be signed by both the parties to be valid.

6.2. This Agreement shall be construed under the laws of the Netherlands without regard to its conflicts of laws provisions.

6.3 Dispute Resolution.

6.3.1 The parties will use their best efforts to informally resolve any disputes, claims and controversies arising out of or relating to this Agreement or its breach (a “Dispute”).

6.3.2 If a Dispute cannot be informally resolved, then the Dispute will be settled by binding arbitration in accordance with the then-current Commercial Rules of the Netherlands, and judgment upon the award entered by the arbitrator may be entered in any Court having jurisdiction. Costs of arbitration, including attorney's fees incurred in arbitration, as determined by the arbitrator, together with those incurred by the prevailing party in court enforcement of the arbitration award, must be paid to the prevailing party.

6.3.3 Arbitration will be conducted in Amsterdam, the Netherlands and the award rendered in European Euros.

6.5 No waiver of any term or condition of this Agreement shall be construed as a waiver of any other term or condition; nor shall any waiver of any default under this Agreement be construed as a waiver of any other default.

6.6 Neither party shall be in breach of this Agreement to the extent that either party is unable to perform due to any event of “force majeure” such as fire, earthquake, epidemic, war, strike, riot, and similar acts or events not within the control of either party.