Terms & Conditions of Hypothermia Pack Grant Application
BBH: Swags for Homeless Ltd (ABN 93 128 411 012) T/A Backpack Bed for Homeless, of 12/120 Bloomfield Street Cleveland, QLD 4163 Australia.
Grant Recipient: The creator, and or Individual and or organisation in video Content submission.
This Agreement was formed between BBH and the Grant Recipient when the video Content is submitted to BBH.
I, the Grant Recipient, have been informed and understand that by submitting this grant application, I acknowledge and hereby agree to the conditions as stated on this page, and that my organisation already has completed a Partner Agency Application with BBH and is located in Australia.
- I irrevocably authorise and grant the right to photograph, film and record (including but not limited to audio and/or visual recordings) my voice, name, image, likeness and appearance.
- I consent to the use of my voice, name, image, likeness, appearance, and all other attributes of my personality (including photography, film and recording of same) and generally in any media (whether existing now or in the future) by BBH in any manner worldwide for an unlimited period of time without further notification or consent (Content).
- I acknowledge and agree that BBH unconditionally owns all right, title and interest in and to all proprietary rights and copyright and other intellectual property rights, and the photographs, film and recordings of the Content (whether forming part of the grant application or not), upon creation (including any copyright in sound recordings of any live performances involving me).
- lf, I provide any Materials to BBH, I grant to BBH a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Materials (in whole or part) and in any other media (whether existing now or in the future) in any manner worldwide for an unlimited period of time without further notification or consent. I warrant that I have the authority and all permissions necessary to provide the Materials to BBH for use by BBH in this way and that the Materials do not and will not infringe the intellectual property rights or other rights of any person.
- BBH may use any Content, Recordings and Materials (including without limitation any finished product in show reels and product show reels, artwork and storyboards) in its absolute discretion for the purposes of forming part of its archival and promotional material, entering awards, and any in-house training provided by BBH.
- I consent to BBH doing, or omitting to do, anything that would otherwise be an infringement of any moral rights and/or performer's rights I may have in the Content and the Materials (including in my performances and/or identity in same) under the Copyright Act 1968 (Cth), including BBH having an unfettered right to treat and/or alter the Content and the Materials in any manner in its absolute discretion and to BBH not attributing authorship or performership of the Content and the Materials to me.
- I acknowledge that BBH has full editorial control over use of the Content, Recordings and the Materials and agree that BBH may edit the Content, Recordings and the Materials in any way, or not use the Content, Recordings and the Materials, in its absolute discretion. I waive any right to inspect or approve the Content, Recordings or the Materials or use the Content.
- I release, discharge and agree to hold harmless BBH, its directors, management, successors, assigns, licensees, employees and all persons acting under its authority from all claims, demands and liability of any kind, in law or in equity, arising out of or in connection with any use of the Content, Recordings or the Materials or any portrayal, representation, impersonation or depiction of me in this grant application or in any other media.
- I agree to indemnify and hold harmless BBH, its directors, management, successors, assigns, licensees, employees and all persons acting under its authority from and against all liabilities, losses, damages, costs and expenses (including reasonable legal fees) that BBH suffers or incurs as a result of my participation in this grant application or any breach of this Agreement by me.
- I represent and warrant that I am aged 18 years or older and am legally entitled to enter into this Agreement and to grant the rights herein or, if I am aged under 18 years, that I have the below consent of my parent or legal guardian to enter into this Agreement and to grant the rights herein. I acknowledge that if I am aged under 18 years of age that this Agreement will bind me and my parent or legal guardian who has given their consent to me to enter into this Agreement and to grant the rights herein.
- In consideration of all of the above, which includes my participation in the grant application, I hereby acknowledge receipt of fair and reasonable consideration from BBH.
- Any failure or delay by BBH to insist upon my strict performance of any term of this Agreement shall not be taken to be a waiver of such term.
- I acknowledge that BBH may assign any or all of its rights or obligations under this Agreement to any other person or entity without my consent. I may not assign any of my rights or obligations of this Agreement to any other person in any circumstance.
- I agree that all recordings made by BBH of items, recordings or performances shall be the sole and absolute property of BBH or its nominees and they may make and use the name and recordings of the performance in any manner they may decide.
- This Agreement is governed by the laws of the State/Territory of BBH’s Australian business address as stated above and the parties submit to the jurisdiction of the courts in that State/Territory.
- BBH will inform the Grant Recipient within 30 days of the BBH grant submission end date.
- Any decisions made by BBH are final.