SELINA FILM RESIDENCY: TERMS & CONDITIONS
This Agreement is set forth between Selina Management Panama, S.A., a Panama corporation, it’s holding company, affiliates and subsidiaries (from now on referred to as Selina) and the Selina Film Residency Filmmaker (from now on referred to as The Resident). This agreement contains the complete terms and conditions that apply to The Resident becoming a Filmmaker in Selina Filmmaker Residency Program. The purpose of this Agreement is to allow The Resident to stay and use any of the participating Selina locations in exchange of their Filmmaking and/or photography Skills.
2. Filmmaker Obligations
2.1. To begin the enrollment process, The Resident will complete and submit the online application form that can be found at the URL. Selina may reject The Resident’s application at Selina’s sole discretion. Selina may cancel The Resident’s application if Selina determine that The Resident has not followed the Selina Guidelines as established in this agreement and/or in the Selina Filmmaker Guidelines handbook that Selina may provide through digital form or physical form at the location Selina has chosen The Resident for or by the Email address supplied by the resident.
2.2 Following Selina’s Guidelines, The Resident will direct, shoot and edit video and/or photography according to Selina’s written and/or verbal instructions, which will be agreed upon before The Resident’s arrival and which may change from time to time throughout The Resident’s participation of this program.
2.2. The term of The Resident’s stay in the Selina location under this program will be no less than the term established in the Scope of Work, or fourteen (14) days, whichever is greater.
2.4. The Resident must bring in The Resident’s own equipment for the purposes of shooting and editing video and/or photography of a high standard, in line with the technical and creative standards set both in the Selina Filmmaker Guidelines handbook, as well as direct requirements given verbally or by Email.
2.4.1 Selina is not responsible for any damage suffered, loss, or theft of The Resident’s equipment, and strongly encourages The Resident to have all equipment used under this program covered by an applicable insurance policy.
2.5 The Resident is required to dedicate a set amount of time to record, shoot and edit video and/or photographs as will be set forth in the Scope of Work, and deliver all of the footage, edited projects and supporting materials to Selina the day before The Resident’s departure
2.6. The Resident will act professionally at all times,; while Selina encourages that The Resident has fun while participating in this program, The Resident must always behave properly and not consume illegal drugs nor excessive alcohol.
3. Selina Rights and Obligations
3.1. Selina will provide The Resident with a private share room at the participating Selina location of Selina’s choosing for the period of time as set forth in the Scope of Work.
3.2. Selina may provide The Resident with meals according to the Scope of Work. Any extra food, beverage, or any other service requested by The Resident is not part of this agreement and must be paid separately by The Resident.
3.3. Selina reserves the right to terminate this Agreement and The Resident’s participation in the Selina’s Film Residency Program immediately and without notice to The Resident should The Resident fail to follow any of these Terms and Conditions, fail to follow Selina’s established guidelines or should The Resident abuse this program in any way. If such fraud or abuse is detected, Selina will promptly terminate this agreement, The Resident’s participation, and let The Resident go. At this point The Resident will be responsible for the accommodations cost and any other applicable fee incurred by Selina for the purposes of the program.
3.4. This Agreement will begin upon Selina’s acceptance of The Resident’s Film Residency application and will continue until the term as set forth in the Scope of Work; or The Resident has stayed and completed all The Resident’s obligations in the participating Selina location; or unless terminated hereunder.
3.5 After Selina confirms The Resident’s application to the Selina Film Residency Program, Selina will notify The Resident in writing with the initial date and term of The Resident’s stay and other obligations as mentioned in ‘2. Filmmaker Obligations’.
Either The Resident or Selina may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by The Resident. The Resident is responsible for its own accommodation and other applicable fees in the case that The Resident terminates this agreement before the established term as set forth in the Scope of Work, in which case The Resident must pay any outstanding fees on The Resident’s departure. In the case that The Resident does not deliver satisfactorily as set forth in the Scope of Work, the Resident will be responsible for the cost that Selina incurred in accommodating The Resident at the Selina location for the purposes of the program.
Upon termination The Resident must immediately vacate the room that Selina has provided.
All products and services rendered by The Resident under this agreement, including but not limited to the RAW video recorded, RAW photographs, editorial projects, captured audio, rendered computer graphics or any other digital media assets created by The Resident during The Resident’s stay in this program, its rights, copyrights, patents, will be considered works for hire and belong to and will be kept as the sole and exclusive property of Selina. If for any reason the products and services rendered under this agreement are not considered work for hire under applicable law, The Resident hereby sells, assigns, and transfers all the rights, copyrights, patents to Selina in exchange for the participation in the Selina Filmmaker Residency Program.
6. Limitations of Liability
SELINA WILL NOT BE LIABLE TO THE RESIDENT WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF SELINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SELINA'S CUMULATIVE LIABILITY TO THE RESIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL VALUE OF THE SERVICES RENDERED BY THETHE RESIDENT UNDER THIS AGREEMENT.
7.1. The Resident agree that The Resident is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between The Resident and Selina. The Resident will have no authority to make or accept any offers or representations on Selina’s behalf. The Resident will not make any statement, whether on The Resident’s site/Social Media/blogs or any other of form of media, whether written, physical, or electronic, or otherwise, that reasonably would contradict anything in this Section.
7.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
7.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Panama without regard to the conflicts of laws and principles thereof.
7.4. The Resident may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
7.5. This Agreement represents the entire agreement between us and The Resident, and shall supersede all prior agreements and communications of the parties, oral or written.
7.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
7.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.